Melchiah
Member
TommyT said:So now he "fled" to delay? :lol
Read it again.
In light of Hotzs failure to comply with his discovery obligations and the still outstanding third party jurisdictional discovery, SCEA proposed a two-week extension of all briefing and hearing deadlines relating to Hotzs Motion to Dismiss. Bricker Decl., ¶5, Exh. D. Hotz refused, stating that SCEA would have its discovery by the time of the hearing. Id. He completely ignored the fact that SCEAs opposition deadline was approaching. Hotz also rejected outright SCEAs second attempt to arrange for an inspection of his PS3 Systems and tried to evade his court-ordered deposition, stating that it was unnecessary. Id.
Despite Judge Speros orders, Hotz continues to frustrate all attempts to complete jurisdictional discovery. In yet another attempt to avoid his deposition and a limited inspection of his impounded hard drives, on March 17, 2011, Hotz filed a motion for protective order on issues already decided by Judge Spero. (Docket No. 100.) On the same day, TIG discovered that prior to delivery, Hotz had removed integral components from his impounded hard drives, rendering them completely non-functional. Bricker Decl., ¶21, Exh. S. When SCEA echoed TIGs request that the components of the hard drives be delivered immediately, Hotzs counsel responded that Hotz was in South America.Id
TommyT said:The court won't assume either.
They don't have to.
It is important to note that tampering is not the accidental destruction or modification of evidence, it is only if the individual had reason to believe the material or item was part of an investigation.