EEOC v. SunTrust Bank » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

EEOC v. SunTrust Bank

EEOC v. SunTrust Bank

Case Date: 04/07/2014
Citation: EEOC v. SunTrust Bank, Case No. 8:12-cv-1325-T-33MAP, 2014 WL 1364982 (M.D. Fla. Apr. 7, 2014)
Court Type: Federal District
Court: Middle District of Florida (M.D. Fla.)
Judge: Federal District Judge: Virginia M. Hernandez Covington

In a sexual harassment case, Plaintiff moved for an adverse inference instruction for the destruction of video surveillance footage.


The Court denied Plaintiff’s adverse inference instruction. Although the Court found that Defendant had a duty to preserve the video surveillance when one of the women reported seeking an attorney, and the Court found the surveillance footage was crucial in establishing Plaintiff’s case, the Court ultimately found that Defendant’s failure to preserve the footage did not amount to bad faith. The Court, however, did allow Plaintiff to present evidence of Defendant’s document retention policy at trial.

Relevant Documents:

Motion for Adverse Inference Based on Bad Faith Destruction of Evidence (Doc. 141)

Response in Opposition to Motion for Adverse Inference (Doc. 164) 

Order on Motion for Adverse Inference (Doc. 171) 



E-Discovery Issues: Adverse Inference, Litigation Hold
E-discovery Tags: Possession or Control, Preservation and Collection, Sanctions, Sources of ESI, Spoliation
E-discovery subjects: Surveillance Footage

Published: February 9th, 2018

Category: Uncategorized

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