In Painter v. Atwood, No. 2:12–CV–1215 JCM (NJK), 2014 WL 3611636 (D. Nev. July 21, 2014), U.S. District Judge James C. Mahan affirmed Magistrate Judge Nancy Koppe’s order granting spoliation sanctions following the plaintiff’s destruction of social media evidence. Because the plaintiff did not dispute a defense witness’s declaration that the plaintiff had failed to produce favorable Facebook posts, the magistrate issued an adverse inference instruction that the “destroyed evidence” was “detrimental to Plaintiff’s claims.” The District Court found no error in this sanction.
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