Doug Peck [email protected] | The Long Way Home
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I made it to the chain-down area about five miles down the mountain and removed my chains. I skinned the knuckles of my right hand while removing one of the chains. I had my gloves off for a few minutes because I needed my fingers. There is an almost patriotic sense about it.
But every now and then I spotted one of those special packages, usually clumsily wrapped and addressed by hand, that might contain a present for someone special on the other side of the country.
The original Pony Express riders would load the mail pouches into their saddlebags and ride at full speed until the next mail station, where they would change horses, maybe have a quick bite to eat, and then ride on again at full speed. I throw my duffle bag into the truck andsettle into the familiar drivers seat I could find all the essential switches and levers in total darkness if I had to.
I start the engine and let the brake pressure build to PSI. I park in a quiet corner of the post office yard until my pickup time. Lying on my bunk I can hear the loading operations through the closed windows of my cab. He calls for a forklift operator to load 10 large cardboard boxes filled with different sized packages into my trailer.
A younger Oriental man will replace him. A female forklift driver with short-cropped black hair and baggy blue jeans and too many tattoos for my old guy taste pulls up to the loading dock. She greets me with a surprisingly polite announcement: She returns a little while later as promised and completes the loading in 10 minutes. The dock supervisor makes a sweeping motion with his hand. The simple wordless gesture tells me: Install your straps to secure the load, retract the loading ramp, close the dock door, and then pull forward and close the trailer doors and install the padlock.
I get a sausage and cheese muffin and coffee to go. The freeway traffic is light at 4am. The gate guard at the LA post office signs me in. I pull up to my usual loading dock and repeat the loading procedure, which is similar to Castaic.
There are some differences at every post office. I depart with a full load of mail for Dallas they send a full load of mail to Dallas every day.
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I fill up at the Arco truck stop in Quartzsite. John, the nighttime attendant, has lots of interesting stories from his former careers and hobbies. I fall asleep immediately, after 11 hours behind the wheel. In the winter my sleeping bag keeps me warm. I like to sleep, and usually my tight schedule requires it — I like it that way. I fill up at my usual no-name truck stop east of El Paso.
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The large trucking companies always use the big-name truck stops. The small companies and owner operators are usually trying to save every penny — they use the no-name truck stops. Luna assisted in the design and manufacture of the packaging for certain candy products. Defendant began selling candy products in approximately May Pending before the Court are numerous discovery motions.
Earlier, Plaintiff had propounded requests for production of documents to the Defendants requesting email and other documents that relate to the or decision to package, label and market candy products.
Defendants had responded that they did not possess any responsive documents. All parties agree that the duty to preserve documents was not triggered until the day Defendants received the Complaint and Summons in this case May 24, The parties disagree whether relevant documents may have been in existence on that date.
Hotmail is owned by Microsoft. Although not paid by Arco, Rafael Villalpando, Jr. As will be discussed below, the contents of the Dell laptop were deleted on May 28, Arco argues that the explanation proffered by Rafael Jr. Because of numerous prior discovery fights in this case, on May 27, the Court appointed Craig Ball as a Special Master.
Ball was ordered to examine the hard drives to determine what information related to the candy business from to the present could be located.
When the Special Master inspected the hard drives he discovered that CCleaner6 had been run on a laptop and PC on the afternoon of May 27 and the morning of May 28, It is undisputed that Rafael Jr. It removes unused files from your system allowing Windows to run faster and freeing up valuable hard disk space. It also cleans traces of your online activities such as your Internet history. Additionally it contains a fully featured registry cleaner.
Hotmail to ymail Plaintiff first attacks Rafael Jr. Defendant responds that this email from Mr.
- Houston, TX
- F & J Samame, Inc. v. Arco Iris Ice Cream, et al, No. 5:2013cv00365 - Document 92 (W.D. Tex. 2015)
Luna to Rafael Villalpando was sent to rafaelvillalpando hotmail. Plaintiff takes issue with this argument docket no. Regardless of this latest squabble, Plaintiff does not seriously challenge the fact that ymail was established inand no other email has been discovered with a ymail address prior to August The parties have yet another argument about when CCleaner was installed on these devices.
Docketpage 7 of In addition, Rafael Jr. If there were legitimate privacy issues, Rafael Jr. The alternative argument fails inasmuch as Rafael Jr. Also troubling is the fact that someone used a flash drive during the May time frame that Rafael Jr.
The flash drive has not been located.
Over time, this data will be overwritten as Windows writes new files to that area of the drive. This means that, given the right software, someone could reconstruct all, or parts of files that you've deleted. For privacy and security reasons, you can set CCleaner to wipe the free areas of your hard disk so that deleted files can never be recovered.Arco iris lunar timelapse
Accordingly, Defendants failed to preserve certain data and Rafael Jr. Courts also agree that the severity of a sanction for failing to preserve when a duty to do so has arisen must be proportionate to the culpability involved and the prejudice that results.
Such a sanction should be no harsher than necessary to respond to the need to punish or deter and to address the impact on discovery.
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Whether deterrence or compensation is the goal, the punishment should be reasonably suited to the crime. Prejudice to Plaintiff As stated above, Arco had control over the PC and laptop and had an obligation to preserve relevant information when they were served with the summons and complaint in this case. In May Defendants allowed Rafael Jr.
The Court rejects any argument that since Rafael Jr. In this family-owned business the Defendants effectively designated Rafael Jr.
The contents of the laptop were destroyed and rendered incapable of restoration. The evidence was relevant and destroyed with a culpable state of mind. Accordingly, the only remaining issue is whether the Plaintiff has suffered prejudice from the destruction of the evidence.
Luna and Empaques y Conversiones from the timeframe. The effort has unfortunately produced more questions.