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

Case 1:04;cv-00163-GIVIS Document 178-2 Filed 08/22/2006 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DONALD M. DURKIN CONTRACTING,
INC., Plaintiff E
vs. A n `
CITY OF NEWARK, et al., Defendants CASE NO. 04-0163-GMS
an
CITY OE NEWARK, T hird-Party Plaintyf E
. O VS'
_ DONALD M. DURKIN CONTRACTING, n ‘
'FEDERAL INSURANCE COMPANY and )
URS CORPORATION, Third-Party I
Defendants
I _ ORDER
. AND NOW, the Court, having heard and considered Defendant Donald M.
Durkin Contracting, Inc.’s Motion for relief from the intentional destruction of the
"briefing packets" and other documents provided to Council Members in advance of
Council meetings, does hereby FIND and ORDER:
A spoliation inference shall be provided to the jury to assume that the destroyed
the "briefing packets" and other documents provided to Council Members in advance of
the Council meetings would have been unfavorable to the City and City Council
Members.
SO ORDERED this _ day of , 2006.

1;34660s v2 as I4-04

Case 1:04-cv-00163-GMS

Document 178-2

Filed 08/22/2006

Page 1 of 1