Pretrial Order #100
(Plaintiffs' Motion for a Finding of Spoliation and for Sanctions)
Currently pending in this nmltidistrict litigation is Plaintiffs' Motion for a Finding of Spoliation and for Sanctions. (ECF No. 952). Plaintiffs claim that after a duty to preserve evidence had been triggered, defendant Ethicon, Inc. ("Ethicon") lost or destroyed tens of thousands of documents that likely contained information relevant to Plaintiffs' claims. Plaintiffs seek a default judgment against Ethicon in three bellwether cases, the striking of defenses in other cases, an adverse instruction in all cases, and attorneys' fees and costs. Ethicon has responded in opposition to the motion, and Plaintiffs have replied. (ECF Nos. 1022, 1041). The undersigned heard oral argument from the parties on January 23, 2014. Therefore, the matter is fully briefed and ready for disposition.