Lopez

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 9 OKSANA LOPEZ, et al., Case No. 24-cv-04320-RS Plaintiffs, 11 v. ORDER DENYING MOTION FOR TERMINATING SANCTIONS

HARLEY-DAVIDSON, INC.,

13 Defendant.

15 I. INTRODUCTION Defendant Harley-Davidson, Inc. moves for terminating sanctions based on the conduct of plaintiffs’ counsel in causing the motorcycle that is the subject of the product defect claims in this action to be destroyed prior to examination by retained experts on either side. Because the circumstances do not warrant terminating sanctions, the motion will be denied, without prejudice to further consideration at the time of trial as to whether the jury should be given an instruction on the issue. 23 II. BACKGROUND In April of 2022, Marcos Lopez was killed when he lost control of the 2007 Harley- Davidson XL1200L Sportster motorcycle he was riding on Point Reyes-Petaluma Road in Marin …