Deerpoint Group, Inc. v. Agrigenix, LLC

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6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DEERPOINT GROUP, INC., an Illinois Case No. 1:18-cv-00536-AWI-BAM corporation, 12 ORDER GRANTING PLAINTIFF’S Plaintiff, REQUEST FOR EXPERT FEES AND 13 DENYING THE REQUEST FOR v. ADDITIONAL ATTORNEY FEES 14 AGRIGENIX, LLC, a Delaware limited (Doc. 220) 15 liability company, et al., 16 Defendants. 17

AND RELATED COUNTERCLAIMS.

18 19 On October 31, 2022, this Court granted Plaintiff’s Motion for Sanctions against 20 Defendants Agrigenix, LLC and Sean Mahoney (“Defendants”) for failure to preserve 21 Electronically Stored Information (“ESI”) in violation of Federal Rule of Civil Procedure 37(e). 22 (Doc. 218.) The Court awarded monetary sanctions and granted the request that a curative 23 instruction be given at trial. (Id.) In its Motion for Sanctions, Plaintiff also requested an award of 24 expert fees expended in uncovering the spoliated ESI. (Doc. 168, pp. 25–26.)1 The Court found 25 that it could not rule on the…