“BYU takes issue with Pfizer’s records’ management practices and specifically attacks its record keeping facility, the PRSC, arguing that Pfizer has used it to spoliate or hide documents. BYU, however, has failed to show that Pfizer’s record management practices rise to a level more than mere negligence. Moreover, according to Pfizer, BYU has declined opportunities to search the PRSC facility. Thus the Court finds BYU has failed to prove bad faith. The Court does not seek to minimalize the seriousness of the discovery issues in this case and the sanctions it entered against Pfizer, but discovery is a process of give and take between the parties in litigation.  It is expected that a party requests certain items, reviews those items and then makes further requests.  It is also expected that a party in good faith comply with discovery requests and only when necessary seek Court guidance about the production of items. BYU has failed to establish bad faith since the imposition of the Court’s prior sanctions order and BYU’s arguments for this requested relief are once again based in part on the premise that missing evidence establishes the fact that Pfizer destroyed or hid such evidence.”  Brigham Young Univ. v. Pfizer, Inc., 282 F.R.D. 566 (D.Utah 2012).