Phan

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 RYAN PHAN, CASE NO. 19-cv-05713-YGR

Plaintiff,

ORDER GRANTING IN PART SPOLIATION

vs. MOTION AND IMPOSING SANCTIONS

COSTCO WHOLESALE CORPORATION, Re: Dkt. No. 27 Defendant.

Now before the Court is plaintiff Ryan Phan’s spoliation motion and motion for imposition of sanctions against defendant Costco Wholesale Corporation pursuant to Federal Rule of Civil Procedure 37(e). Having carefully considered the papers submitted and oral argument, and for the reasons set forth more fully below, the Court GRANTS the motion in part. I. BACKGROUND On or about October 15, 2017, plaintiff was at the Costco Gasoline Station in San Leandro, California, when he slipped and fell, allegedly sustaining injuries. There were no eyewitnesses to the fall. Thereafter, defendant’s employees took an incident report, several managers were called to the scene, and an ambulance took plaintiff to the emergency room, where he underwent surgery. 20…