Title Capital Mgmt., LLC v. Progress Residential, LLC
Title Capital Mgmt., LLC v. Progress Residential, LLC
Case Date: | 09/29/2017 |
Citation: | 2017 U.S. Dist. LEXIS 218624; |
Court Type: | Federal District |
Court: | Southern District of Florida (S.D. Fla.) |
Judge: | Federal Magistrate Judge: Edwin G. Torres |
Rule(s): | Rule 37(e) |
Issues: | The Defendant filed a motion for Rule 37(e) sanctions and the dismissal of the Plaintiff’s suit after the Plaintiff had destroyed their computers used to conduct business with the Defendant while still conducting settlement negotiations with the Defendant. At an evidentiary hearing, Plaintiff’s principal testified that he possessed documents and emails on his personal computer. |
Resolution: | The court denied the motion. The court held that the threshold requirements of Rule 37(e) had not been since the personal computer may contain relevant documents. Additionally, the court declined to discuss whether the Defendant had suffered prejudice or whether the Plaintiff acted intentionally until the computer had been examined. |
Relevant Documents: |
Response in Opposition to Defendants’ Motion to Dismiss (Doc. 38) Defendants’ Reply in Support of Motion to Dismiss Under Rule 37(e) (Doc. 39) |
E-Discovery Issues: | Motion for Sanctions, Motion for Spoliation, Motion to Dismiss |
E-discovery Tags: | Email, Sanctions, Spoliation |
E-discovery subjects: | Computer, Electronically stored information, Email |