Bailey

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 THORIUM CYBER SECURITY, LLC, Case No. 3:19-cv-07669-WHO

Plaintiff,

ORDER DENYING MOTION FOR

v. SANCTIONS, VACATING HEARING

JAMES NURMI, Re: Dkt. No. 87 Defendant.

12 Defendant James Nurmi, who is not represented, moves for sanctions for spoliation of evidence against plaintiff Thorium Cyber Security, LLC (“Thorium”). Dkt. No. 87. His motion is DENIED and the hearing on it is VACATED. This Order assumes familiarity with the case so far. District courts may impose sanctions for spoliation of evidence under their inherent authority and Federal Rule of Civil Procedure 37. Leon v. IDX Sys. Corp., 464 F.3d 951, 958 (9th Cir. 2006). Willful spoliation of evidence occurs when a party destroys documents and there was “some notice that the documents were potentially relevant to the litigation before they were destroyed.” United States v. Kitsap Physicians Serv., 314 F.3d 995, 1001 (9th Cir. 2002) (internal quotation marks…