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gov.uscourts.nysd.447706.1254.0.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.1254.0 18 pg

…and 3 151. 4 The Court will announce its general findings relevant 5 to this round of unsealing and as to these eight objectors 6 before marching through its specific findings for each 7 document. 8 As to the presumption…

gov.uscourts.nysd.447706.509.0.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.509.0 18 pg

…18 state of mind; and (3) that the destroyed evidence was relevant to the party's claim or defense such that a reasonable trier of fact could find that it would support that claim or defense. Residential Funding Corp. v…

gov.uscourts.nysd.447706.515.0.pdf PDF

giuffre-maxwell gov.uscourts.nysd.447706.515.0 12 pg

…P. 37(e)(2) Committee notes (“This is because the finding of intent required by the subdivision can support not only an inference that the lost information was unfavorable to the party that intentionally destroyed it, but also an inference…

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