Nevis

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH DANIEL NEVIS, No. 2:17-cv-02295-JAM-AC Plaintiff, v. ORDER RIDEOUT MEMORIAL HOSPITAL, et al, 15 Defendants. 16 17 This matter is before the court on defendants National Railroad Passenger Corporation and Union Pacific Railroad Company’s motion for terminating sanctions or, alternatively, sanctions in the form of adverse inferences due to evidence spoliation. ECF No. 111. This discovery motion was referred to the undersigned pursuant to E.D. Cal. R. 302(c)(1). The matter was taken under submission without hearing. For the reasons stated below, the motion is DENIED. I. Relevant Background Plaintiff alleges that in April 2016, he checked himself into a rehabilitation center called “Buddy’s House.” ECF No. 1 at 2. On December 23, 2016, plaintiff at some point consumed alcohol, but knows nothing else of what happened that day. Id. In the early hours of December 24, plaintiff was found by local law…