Johnny Burris v. Jpmorgan Chase & Co.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 18 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOHNNY E. BURRIS, No. 21-16852 22-15775 Plaintiff-Appellant, D.C. No. 2:18-cv-03012-DWL v.

JPMORGAN CHASE & CO.; J.P. MEMORANDUM*

MORGAN SECURITIES, LLC,

Defendants-Appellees.

Appeal from the United States District Court for the District of Arizona Dominic Lanza, District Judge, Presiding

Submitted March 28, 2024** San Francisco, California

Before: PAEZ, NGUYEN, and BUMATAY, Circuit Judges.

Johnny Burris appeals the district court’s order dismissing his case under

Federal Rule of Civil Procedure 37(e)(2) because of his intentional spoliation of

electronically stored information (ESI). We have jurisdiction under 28 U.S.C. §

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 1291, and we affirm.

1. Admissibility of Englander Report1

In its…