Essay Question 1 During a recent visit to Los Angeles, John…
Questions
Essаy Questiоn 1 During а recent visit tо Lоs Angeles, John wаs involved in a head on collision with Susan. After a three month stay in the hospital, John was finally able to fly back to his home state of Texas. Upon his return, John retained a California attorney named Simon who filed suit on his behalf against Susan in the Federal District Court for the Central District of California. Immediately after he was retained but prior to filing the complaint, Simon sent Susan’s attorney, Anne, an email requesting that all evidence related to the accident – including the electronic data recorder that recorded Susan’s car’s speed at time of impact – be preserved. Anne called Simon in response to the email saying that she had directed Susan’s car – to include the electronic data recorder – be destroyed because it was accumulating storage fees. At some point during the litigation, Anne filed a document with the Court that bore her signature asserting that she neither received the email regarding the electronic data recorder nor did she ever respond to Simon regarding such an issue. At some point following that filing, Simon filed with the Court the email that he sent Anne along with a phone log showing a twenty-minute phone call with a number associated with Anne’s firm that began immediately after Simon’s email was sent. 1. Assuming Simon files an FRCP Rule 11 motion, how should the Court rule? 2. Assuming Simon files an FRCP Rule 37 motion, how should the Court rule?
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