Coquina Invs. v. Rothstein » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

Coquina Invs. v. Rothstein

Coquina Invs. v. Rothstein

Case Date: 08/03/2012
Citation: Coquina Invs. v. Rothstein, No. 10–60786–Civ, 2012 WL 3202273 (S.D. Fla. Aug. 3, 2012)
Court Type: Federal District
Court: Southern District of Florida (S.D. Fla.)
Judge: Federal District Judge: Marcia G. Cooke
Rule(s): Rule 37
Issues:

Plaintiff filed a fourth and fifth motion for sanctions against Defendants based on Defendants’ discovery obligation failures.

Resolution:

The Court denied Plaintiff’s fourth and fifth motion for sanctions in part. The Court found sanctions against Defendant Greenberg Taurig and Defendant TD Bank were warranted, but that sanctions against individual attorneys were not. Defendants’ production of the Customer Due Diligence form was inadequate and in a form that it was not kept in during the ordinary course of business. Further, Defendants’ failure to produce the Standard Investigative Protocol warranted sanctions, as Defendants could have found and produced the document using a simple key word search. The Court additionally found Defendant Greenberg Taurig and Defendant TD Bank committed numerous additional discovery failures and determined that Defendant TD Bank’s violations were willful. As such, the Court ordered Defendants pay reasonable attorneys’ fees and costs and permitted an inference that TD Bank had knowledge of ongoing fraud.

Relevant Documents:

Plaintiff’s Fourth Motion for Sanctions (Doc. 791) 

Defendant’s Response in Opposition to Plaintiff’s Motion for Sanctions (Doc. 794)

Defendant’s Notice of Production and Withdrawal of Certain Statements Made to the Court (Doc. 825) 

Order on Motion for Sanctions (Doc. 911)

 

E-Discovery Issues: Motion for Sanctions
E-discovery Tags: Communication/Cooperation, Costs, Form of Production, Keyword Search, Metadata, Possession or Control, Preservation and Collection, Sanctions, TIFF Images, Vendor
E-discovery subjects: Database, Email, Hard drive, Spreadsheets

Published: April 3rd, 2018

Category: Uncategorized


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