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OPINION & ORDER

*1  Plaintiff International Business Machines (“IBM”) brings this action against Defendant Nagaseelan Naganayagam (“Naganayagam”) for breach of contract, alleging that it is due $112, 260.81 for the value of rescinded stock options and equity awards previously given to Defendant — a former employee of IBM. Presently before the Court is Plaintiff’s motion for summary judgment and Defendant’s cross-motion pursuant to Rule 37 of the Federal Rules of Civil Procedure for spoliation sanctions. For the reasons that follow, Plaintiffs’ motion is GRANTED and Defendants’ motion is DENIED.BACKGROUNDI. Factual BackgroundThe following undisputed facts are taken from the parties’ respective Rule 56.1 statements,1 affidavits, and exhibits submitted in support of their motions. Disputed facts along with the allegations made in the parties’ operative pleadings will be discussed as relevant.

 
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