Coleman (Parent) Holdings, Inc. v. Morgan Stanley & Co. » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

Coleman (Parent) Holdings, Inc. v. Morgan Stanley & Co.

Coleman (Parent) Holdings, Inc. v. Morgan Stanley & Co.

Case Date: 03/01/2005
Citation: Coleman (Parent) Holdings, Inc. v. Morgan Stanley & Co., Case No. 502003CA005045XXOCAI, 2005 WL 4947328 (Fla. 15th Cir. Ct. Mar. 1, 2005)
Court Type: Florida State Court
Court: Circuit Court
Judge: Judge: Elizabeth Marie T. Maass
Rule(s): Fla. R. Civ. P. 1.380

Plaintiff moved for an adverse instruction inference and a motion to compel further discovery against Defendant due to Defendant’s history of noncompliance with discovery orders.


The Court granted Plaintiff’s motion for an adverse inference instruction because of Defendant’s long practice of not properly producing all necessary information, not properly stopping the 12 month automatic deletion of backup tapes, overwriting necessary emails, and improperly certifying compliance with discovery orders. The Court, however, denied Plaintiff’s motion to compel because the jury trial was quickly approaching and fact discovery in the litigation had already used an enormous amount of resources.

E-Discovery Issues: Adverse Inference, Motion to Compel, Preservation
E-discovery Tags: Data Backup, Data Retention, Possession or Control, Preservation and Collection, Privilege, Sanctions, Spoliation, Vendor
E-discovery subjects: Backup Tapes, Email

Published: January 17th, 2018

Category: Uncategorized

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