Motion-Secondary: Nathan Hatcher And Hatcher Armory, LLC vs William Pace, Houston Armory, LP, Houston Armory Technology Group, LLC, And Armory Dealer Management, Inc

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                                Filed
                                                                                                                11/21/2019 12:12 PM
                                                                                                            Beverley McGrew Walker
                                                                                                                         District Clerk
                                                                                                            Fort Bend County, Texas
                                                                                                                Salena Jasso

                                             CAUSE NO. 2016-DCV-229243

           NATHAN HATCHER, and HATCHER                                        IN THE DISTRICT COURT OF
           ARMORY, LLC
                     Plaintiffs,

           Vv.                                                               FORT BEND COUNTY, TEXAS

           WILLIAM PACE, HOUSTON ARMORY. ,
           L.P., HOUSTON ARMORY
           TECHNOLOGY GROUP, LLC, and
           ARMORY DEALER MANAGEMENT,
           INC.                                                                400" JUDICIAL DISTRICT
                       Defendants.

                 ORDER GRANTING PLAINTIFF’S MOTION TO EXCLUDE LATE FILED
                    DOCUMENTS AND MOTION FOR SPOLIATION INSTRUCTION

                   On this day came on to be heard Plaintiff Nathan Hatcher’s Motion to Exclude Late Filed

          Documents and Motion for Spoliation Instruction (“Motions”). The Court having considered the

          Motions, responses, the pleadings on file, and the arguments of counsel, is of the opinion that said

          Motions should be GRANTED.

                   IT IS THEREFORE ORDERED that any documents produced and witnesses designated by

          Defendants on or after December 9, 2016 are excluded from use during trial and excluded for use as

          summary judgment evidence.

                   IT IS FURTHER ORDERED           that during the trial on this matter, the jury shall receive a

          spoliation instruction that the missing evidence was unfavorable to the Defendants on the particular

          fact or issue — including that: “Defendants were legally obligated to create, maintain, execute, and

          produce to Plaintiff detailed and accurate records regarding   all property taken into possession by any

          of them on behalf of Plaintiff Nathan Hatcher, and Defendants have not met their legal obligation to

          do so.   As such you are instructed that such lost or destroyed evidence must be presumed to be

          beneficial to the Plaintiff's case.”




ROUTED TO COURT       11/21/2019 SJ
RT'D TO D. CLERK

APPROVED AS TO FORM AND SUBSTANCE


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