Free Motion for Miscellaneous Relief - District Court of Delaware - Delaware

_ Case 1:04-cv-00163-GIVIS Document 196-2 Filed 08/22/2006 Page 1 of 1
L IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DONALD M. DURKIN CONTRACTING, E
[NC., Plaintgff
vs. 4 E
CITY OF NEWARK, et al., Defendants i CASE NO. 04-0163-GMS
CITY OF NEWARK, Third-Party Plairrtw E _
vs. l
DONALD M. DURKIN CONTRACTING, E
FEDERAL INSURANCE COMPANY and E
URS CORPORATION, T hird-Party {
Defendants
5 ORDER i
AND NOW, the Court, having heard and considered Defendant Donald M.
Durkin Contracting, Inc.’s Motion for relief from the intentional destruction of the
handwritten field documentation generated by the City’s consultant, does hereby FIND
and ORDER:
A A spoliation inference shall be provided to the jury to assume that the destroyed
i handwritten field documentation generated by the City’s consultant would have been
unfavorable to the City and to the City’s consultant. _
SO ORDERED this _ day of , 2006.

KOP:346625v2 35 I4-04

Case 1:04-cv-00163-GMS

Document 196-2

Filed 08/22/2006

Page 1 of 1