Paula Roppo v. Costco Wholesale Corporation

Summary

The United States District Court for the Northern District of Illinois granted Costco Wholesale Corporation’s motion to dismiss a negligent spoliation claim brought by Paula Roppo. The court held that the amended complaint did not plausibly allege causation because it failed to establish a sufficient nexus between the destruction of surveillance video and Roppo’s inability to prove her underlying negligence claim.

Holdings

1. The amended complaint failed to state a claim for negligent spoliation because it did not allege sufficient facts establishing a plausible nexus between the destruction of the video and Roppo's inability to prove the underlying negligence action.
2. The court could grant Costco's unopposed motion because the motion presented plausible reasons for dismissal and the complaint independently failed to state a plausible claim; the motion could not be granted solely because Roppo failed to respond.

Questions Presented

1. Whether the amended complaint plausibly alleged causation for an Illinois negligent spoliation claim.
2. Whether the court could grant Costco's unopposed Rule 12(b)(6) motion where Costco supplied plausible grounds for dismissal.

Disposition

other