Cableview Commc’ns of Jacksonville, Inc. v. Time Warner Cable Se., LLC » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

Cableview Commc’ns of Jacksonville, Inc. v. Time Warner Cable Se., LLC

Cableview Commc’ns of Jacksonville, Inc. v. Time Warner Cable Se., LLC

Case Date: 05/04/2015
Citation: Cableview Commc'ns of Jacksonville, Inc. v. Time Warner Cable Se., LLC, Case No. 3:13-cv-306-J-34JRK, 2015 WL 12838175 (M.D. Fla. May 4, 2015)
Court Type: Federal District
Court: Middle District of Florida (M.D. Fla.)
Judge: Federal Magistrate Judge: James R. Klindt
Rule(s): Rule 26; Rule 34; Rule 37
Issues:

Plaintiff filed a motion to compel, seeking documents demonstrating Defendant’s financial status and Defendant’s document retention policies.

Resolution:

The Court denied Plaintiff’s motion to compel with respect to documents demonstrating Defendant’s financial status. Although Plaintiff claimed discovery of the documents would be related to its punitive damages claim, Plaintiff needed to show a reasonable basis for punitive damages before it was entitled to discovery, and Plaintiff failed to do so as there was not sufficient evidence that Defendant intentionally and unjustifiable interfered with its business. Moreover, the Court denied Plaintiff’s motion to compel with respect to Defendant’s document retention policies, as Defendant later produced the alleged spoliated documents and explained why they were initially missing.

Relevant Documents:

Motion to Compel Production of Documents (Doc. 87) 

Response in Opposition to Motion to Compel Production of Documents (Doc. 96) 

Order on Motion to Compel (Doc. 114)

 

 

E-Discovery Issues: Motion to Compel
E-discovery Tags: Data Retention, Preservation and Collection, Privilege, Records Retention Policies, Relevancy, Sanctions, Spoliation, Work Product
E-discovery subjects: Email, Servers

Published: March 13th, 2018

Category: Uncategorized


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