Evonik Degussa GmbH v. Materia Inc., C.A. No. 09-636-NLH-JS, December 14, 2016, December 14, 2016.
Magistrate’s May 20, 2016 opinion regarding spoliation is affirmed.
Plaintiff’s objections to the magistrate’s opinion granting in part and denying in part plaintiff’s motion for sanctions and substantive relief due to spoliation is granted in part and denied in part. Plaintiff’s request for “substantive sanctions” is denied. Its request for fees and costs is granted, but only those incurred due to late production of the contested email and other recently produced documents.