Perry

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 JOHN SCALIA, individually and as CASE NO. 1:17-cv-01097-AWI-CDB successor-in-interest of Decedent KIMBERLY MORRISSEY-SCALIA,

ORDER ON ATTORNEY FEE AWARD

Plaintiff,

v. (Doc. No. 145, 159, 160)

COUNTY OF KERN, et al.,

Defendants

15 16 On March 2, 2023, this Court granted in part Plaintiff’s motion for spoliation sanctions against Defendant County of Kern for failure to preserve video evidence in violation of Federal Rule of Civil Procedure 37(e). Doc. No. 158. The Court denied the motion’s request for a mandatory adverse inference instruction but granted the request for a permissive adverse inference instruction and attorney fees associated with bringing his motion. Id. The Court found it could not rule on the amount of attorney fees without additional evidence and ordered Plaintiff to submit a declaration and records to the Court in support of the above attorney fees award. Id. On March 16, 2023, Plaintiff filed its supplemental briefing. …