Berryman-Dages v. City of Gainesville » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

Berryman-Dages v. City of Gainesville

Berryman-Dages v. City of Gainesville

Case Date: 07/20/2011
Citation: Berryman-Dages v. City of Gainesville, CASE NO. 1:10-cv-00177-MP-GRJ, 2011 WL 2938369 (N.D. Fla. July 20, 2011)
Court Type: Federal District
Court: Northern District of Florida (N.D. Fla.)
Judge: Federal District Judge: Maurice Mitchell Paul
Rule(s): Rule 45
Issues:

Motion to quash subpoena seeking forensic investigation of non-party’s personal computer.

Resolution:

The Court granted the motion to quash in part, and denied it in part. There was no dispute that the computers or similar devices contained relevant information calculated to lead to the discovery of admissible evidence. However, the Court still wished to balance Ms. Thayer’s (non-party) privacy interests. Therefore, the Court ordered a computer forensics expert to examine the devices with Ms. Thayer present, and directed the expert to keep any information other than the subpoenaed information confidential.

Relevant Documents:

Motion to Quash Subpoena from Non-Party (Doc. 39) 

Response to Motion to Quash Subpoenas (Doc. 46)

Plaintiff’s Response in Support of Motion to Quash (Doc. 47) 

Order on Motion to Quash (Doc. 60) 

E-Discovery Issues: Motion to Quash
E-discovery Tags: Forensic Analysis/Examination, Metadata, Mirror Imaging, Non-Party Discovery, Preservation and Collection, Privacy, Privilege, Sources of ESI
E-discovery subjects: Computer, Hard drive

Published: March 5th, 2018

Category: Uncategorized


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