Ottoson v. SMBC Leasing & Finance, Inc.

OPINION

ROBERT W. SWEET, U.S.D.J.

Defendants SMBC Leasing and Finance, Inc. (“SMBCLF”), David Ward (“Ward”), and Lisa Savinon (“Savinon”) (collectively, the “Defendants”) have moved pursuant to Rule 37 of the Federal Rules of Civil Procedure for sanctions' to be imposed upon plaintiff Maureen Otto-son (“Ottoson” or the “Plaintiff’) for spoliation of evidence, specifically seeking an adverse inference instruction, and fees and costs.

For the reasons set forth below, the motion of the Defendants for an adverse inference is granted, and their application for fees and costs is adjourned to the…