286 F.R.D. at 252. According to the Short court, the party seeking the issue-related sanction must show: "(1) that the party having control over the evidence had an obligation to timely produce it; (2) that the party that failed to timely produce the evidence had a culpable state of mind; and (3) that the missing evidence is relevant to the party’s claim or defense such that a reasonable trier of fact could find that it would support that claim or defense.” Id. (quotation marks omitted). 4 . The Court also notes that other courts have neglected to impose issue-related sanctions in cases involving document productions that were significantly more untimely than 3E’s late production. See e.g., Williams v. Saint-Gobain Corp., No. 00 Civ. 502, 2002 WL 1477618, at *2 (W.D.N.Y. June 28, 2002)
holding that the agency cannot use insufficient evidence as a basis for finding no adverse impact holding that adverse inference rule is permissive holding that adverse inference alone insufficient to support a motion for summary judgment holding that there was no basis for adverse inference instruction for failure to produce emails until five days before trial holding that committing prisoner to administrative segregation for five days was adverse