Title Capital Mgmt., LLC v. Progress Residential, LLC » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

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)

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.


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:

Defendants’ Motion to Dismiss Under Rule 37(e) Based on Plaintiff’s Intentional Destruction of Evidence (Doc. 36)

Response in Opposition to Defendants’ Motion to Dismiss (Doc. 38)

Defendants’ Reply in Support of Motion to Dismiss Under Rule 37(e) (Doc. 39)

Omnibus Order (Doc. 101)

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

Published: June 4th, 2020

Category: Uncategorized

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