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Bratcher v. Navient Sols., Inc.

Bratcher v. Navient Sols., Inc.

Case Date: 04/05/2017
Citation: Bratcher v. Navient Sols., Inc., 249 F. Supp. 3d 1283 (M.D. Fla. 2017)
Court Type: Federal District
Court: Middle District of Florida (M.D. Fla.)
Judge: Federal Magistrate Judge: Joel B. Toomey
Rule(s): Rule 26

Defendant moved to compel production of Plaintiff’s cell phone, as well as documents from Plaintiff.


The Court denied Defendant’s motion to compel and held that the production of Defendant’s phone was inappropriate in the instant case, as Defendant’s production requests did not reference Plaintiff’s cell phone, and Plaintiff had a protected privacy interest in her cell phone. Additionally, Plaintiff provided an affidavit denying any responsive documents in her possession. The Court thus stated she did not have to respond further to document requests.

Relevant Documents:

Motion to Compel Production of Documents (Doc. 31) 

Response in Opposition to Motion to Compel Production of Documents (Doc. 35) 

Order on Motion to Compel (Doc. 38) 


E-Discovery Issues: Motion to Compel
E-discovery Tags: Possession or Control, Privacy, Relevancy, Sources of ESI
E-discovery subjects: Cell phone, Phone records

Published: March 9th, 2018

Category: Uncategorized

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