Lewis

MEMORANDUM OPINION AND ORDER RE: DEFENDANT’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT

I. INTRODUCTION

Plaintiffs, Chandra Lewis and Fred Lewis, initiated this lawsuit against Defendants J.C. Penney, Inc. and Does 1 to 30, asserting claims for personal injury, negligent and intentional spoliation of evidence, and loss of consortium.

Pursuant to Federal Rule of Civil Procedure 56, J.C. Penney moves for summary judgment or, in the alternative, for partial summary judgment, arguing that Plaintiffs have not proved a claim for either negligent or intentional spoliation of evidence against J.C. Penney. Plaintiffs do not oppose the motion for partial summary judgment as it relates to their claim for intentional spoliation of evidence. They oppose the arguments for partial summary judgment on the negligent spoliation claim. For the reasons stated herein, J.C. Penney’s motion for partial summary judgment is GRANTED.

II. FACTUAL BACKGROUND

A The Parties

Plaintiffs, who are husband and wife, are citizens of the state of California. J.C. Penney was incorporated in the state of Delaware and has its principal place of business in the state of Texas. J.C.…