Keithley

ORDER ADOPTING AND MODIFYING REPORT AND RECOMMENDATION FOR SANCTIONS

On November 14, 2008, the Court held a hearing on defendants’ objection to the August 12, 2008 Order, 2008 WL 3833384 , for Monetary Sanctions and Report and Recommendation for Adverse Inference Instruction to Remedy Discovery Misconduct. After consideration of the parties’ papers and for the reasons set forth below, the Court hereby ADOPTS Judge Laporte’s report and recommendation for monetary sanctions. The Court does not adopt Judge Laporte’s recommendation for an adverse inference instruction as that portion of the report and recommendation was rendered moot by the Court’s October 19, 2008 Order Granting Defendants’ Motion for Summary Judgment of Noninfringement and Invalidity.

DISCUSSION

On August 12, 2008, Judge Laporte issued an Order for Monetary Sanctions and Report and Recommendation for Adverse Inference Instruction to Remedy Discovery Misconduct. Judge Laporte ordered defendants to pay monetary sanctions in the form of plaintiffs’ attorneys’ fees and costs, including expert costs, that had been and would be incurred as a result of defendants’ spoliation of evidence and late production of discovery.…