In the case In re Gold King Mine Release in San Juan Cnty., No. 1:18-md-02824-WJ (D.N.M. June 21, 2022), New Mexico District Judge William P. Johnson granted in part Plaintiff State of Utah’s (Utah) Motion for Sanctions due to Defendant Harrison Western Construction Corporation’s (Harrison) Spoliation of Evidence, granting Utah’s request for an order permitting Utah to introduce evidence of the Harrison’s spoliation at trial and reasonable attorneys’ fees and costs associated with investigating Harrison’s spoliation and preparing a motion for sanctions, but denying Utah’s request for an adverse inference instruction, in part due to Utah’s failure to attend depositions of Harrison’s Rule 30(b)(6) witness and Harrison’s employee with the most information on the Gold King Mine project.

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