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Elias v. Ungar's Food Products

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


January 15, 2008

ALEXANDRIA ELIAS PLAINTIFF,
v.
UNGAR'S FOOD PRODUCTS, INC. DEFENDANTS.

The opinion of the court was delivered by: Patty Shwartz United States Magistrate Judge

ORDER ON INFORMAL APPLICATION

This matter having come before the Court by way of submission dated February 15, 2008, regarding the defendants' request for leave to conduct additional discovery or obtain a supplemental declaration from Mr. Aronson and regarding their potential request for a hearing on alleged spoliation; and the Court having conducted a telephone conference on the record on February 20, 2008; and the Court having considered the submission, arguments, and representations of the parties; and for the reasons set forth on the record; and for good cause shown,

IT IS on this 20th day of February, 2008

ORDERED that, no later than February 27, 2008, the parties shall advise the Court as to whether or not the defendants are requesting that the Court convene a spoliation hearing on whether or not plaintiff's laboratory's failure to retain samples of the tested products warrants a sanction of an adverse inference instruction or preclusion of evidence concerning the results of such testing;

IT IS FURTHER ORDERED that, no later than March 5, 2008, Mr. Aronson shall provide a supplemental declaration that addresses the following topics set forth in the email dated February 5, 2008: Topic Nos. 1, 4, 5, 7, and 9; and

IT IS FURTHER ORDERED that all other terms of the Final Pretrial Order dated January 15, 2008 shall remain in full force and effect.

20080115

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