context: The court cannot "compel or punish the failure to produce things that do not exist...." Bracey v. Harlow, Civ.A.
citation_a.signal: no signal
citation_a.identifier: 2014 WL 2604706, at *4
citation_a.parenthetical: "Given the plaintiff has failed to demonstrate the evidence ever existed, ... it could not be suppressed or withheld."
citation_a.sentence: No. 111666, 2014 WL 2604706, at *4 (M.D.Pa. June 10, 2014) (“Given the plaintiff has failed to demonstrate the evidence ever existed, ... it could not be suppressed or withheld.”); cf. Shcherbakovskiy v. Da Capo Al Fine, Ltd., 490 F.3d 130, 138 (2d Cir.2007) (“[A] party is not obliged to produce, at the risk of sanctions, [evidence] that it does not possess or cannot obtain.”).
citation_b.signal: cf.
citation_b.identifier: 490 F.3d 130, 138
citation_b.parenthetical: "[A] party is not obliged to produce, at the risk of sanctions, [evidence] that it does not possess or cannot obtain."
citation_b.sentence: No. 111666, 2014 WL 2604706, at *4 (M.D.Pa. June 10, 2014) (“Given the plaintiff has failed to demonstrate the evidence ever existed, ... it could not be suppressed or withheld.”); cf. Shcherbakovskiy v. Da Capo Al Fine, Ltd., 490 F.3d 130, 138 (2d Cir.2007) (“[A] party is not obliged to produce, at the risk of sanctions, [evidence] that it does not possess or cannot obtain.”).