Case 1:17-cv-08047-VEC Document 122 Filed 08/19/19 Page 1 of 1

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
UNITED STATES DISTRICT COURT DOC #:
SOUTHERN DISTRICT OF NEW YORK DATE FILED: 8/19/2019
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: 17-CV-8047 (VEC)
In re Lyman Good Dietary Supplements Litigation :
: ORDER
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VALERIE CAPRONI, United States District Judge:

WHEREAS on August 19, 2019, the parties appeared for oral argument on Defendants’

motion to dismiss the Amended Complaint for spoliation of evidence;

IT IS HEREBY ORDERED THAT for the reasons stated on the record, Defendants’

motion is GRANTED IN PART. The Court will not dismiss this case, but the Court will instruct

the jury that it may (but is not required to) draw an adverse inference from Plaintiff’s failure to

preserve evidence.

The Clerk of Court is respectfully directed to terminate the open motions at Dkts. 85, 86,

and 103.

SO ORDERED.
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Date: August 19, 2019 VALERIE CAPRONI
New York, New York United States District Judge