Cont’l Grp., Inc. v. KW Prop. Mgmt., LLC » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

Cont’l Grp., Inc. v. KW Prop. Mgmt., LLC

Cont’l Grp., Inc. v. KW Prop. Mgmt., LLC

Case Date: 04/22/2009
Citation: Cont'l Grp., Inc. v. KW Prop. Mgmt., LLC, 622 F. Supp. 2d 1357 (S.D. Fla. 2009)
Court Type: Federal District
Court: Southern District of Florida (S.D. Fla.)
Judge: Federal District Judge: James I. Cohn

Plaintiff property management company brought suit against Defendants, seeking a preliminary injunction and an adverse inference for spoliation. Defendants moved to dismiss Plaintiff’s claims.


The Court granted the motions in part and denied them in part. The Court granted Plaintiff’s preliminary injunction on Plaintiff’s breach of restrictive covenant claim and Plaintiff’s tortious interference with restrictive covenants claim. However, the Court denied Plaintiff’s preliminary injunction on a Computer Fraud and Abuse Act (CFAA) claim and tortious interference with customers claim. With respect to Plaintiff’s CFAA claim, Plaintiff could not show that Defendants intended to defraud Plaintiff, and Defendant was therefore entitled to a motion to dismiss. Plaintiff’s motion for an adverse inference instruction was also denied, as Plaintiff did not prove bad faith on behalf of Defendants. The Court found Defendant Kravit’s testimony that she did not know opening files affected the metadata was credible.

Relevant Documents:

Defendant’s Motion to Dismiss (Doc. 57)

Plaintiff’s Motion to Strike Affidavit (Doc. 100)

Plaintiff’s Motion for Adverse Inference or Injunction due to Spoliation (Doc. 102)

Plaintiff’s Motion to Amend and Supplement Preliminary Injunctive Relief (Doc. 128)

Motion to Strike Supplemental Memorandum (Doc. 146) 

Order Granting in Part Motion for Preliminary Injunction (Doc. 150) 



E-Discovery Issues: Motion to Dismiss, Preliminary Injunction
E-discovery Tags: Forensic Analysis/Examination, Metadata, Possession or Control, Spoliation
E-discovery subjects: Computer, Email, Removable Drive, Servers, Spreadsheets

Published: April 2nd, 2018

Category: Uncategorized

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