Britton v. Wal-Mart Stores E., L.P. » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

Britton v. Wal-Mart Stores E., L.P.

Britton v. Wal-Mart Stores E., L.P.

Case Date: 06/08/2011
Citation: Britton v. Wal-Mart Stores E., L.P., Case No. 4:11cv32-RH/WCS, 2011 WL 3236189 (N.D. Fla. June 8, 2011)
Court Type: Federal District
Court: Northern District of Florida (N.D. Fla.)
Judge: Federal Magistrate Judge: William C. Sherrill Jr.
Issues:

Plaintiffs moved for spoliation sanctions for the deletion of video surveillance evidence recorded inside Defendant’s store.

Resolution:

The Court recommended that Plaintiffs’ motion for spoliation sanctions be granted, as the Court found a clear finding of bad faith. Defendant intentionally allowed the surveillance footage to be overwritten despite knowing it was crucially important to litigation and that Plaintiffs had requested the footage be preserved. As such, the Court recommended that Defendants be precluded from defending based on probable cause, pay Plaintiffs’ expenses for the instant motion, and pay Plaintiffs’ one-half of the expenses associated with thee motion for expedited production of video surveillance.

Relevant Documents:

Plaintiff’s Motion for Sanctions for Spoliation of Evidence (Doc. 33) 

Response to Plaintiff’s Motion for Sanctions for Spoliation of Evidence (Doc. 56) 

Report and Recommendation (Doc. 73) 

E-Discovery Issues: Motion for Sanctions, Motion for Spoliation
E-discovery Tags: Data Retention, Preservation and Collection, Records Retention Policies, Sanctions, Spoliation
E-discovery subjects: Surveillance Footage

Published: March 14th, 2018

Category: Uncategorized


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