Floeter v. City of Orlando » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

Floeter v. City of Orlando

Floeter v. City of Orlando

Case Date: 02/09/2007
Citation: Floeter v. City of Orlando, No. 6:05-cv-400-Orl-22KRS, 2007 WL 486633 (M.D. Fla. Feb. 9, 2007)
Court Type: Federal District
Court: Middle District of Florida (M.D. Fla.)
Judge: Federal Magistrate Judge: Karla R. Spaulding

Plaintiff filed a motion for sanctions, alleging Defendant failed to produce emails that contained sexually explicit material sent from a lieutenant’s computer.


The Court denied Plaintiff’s motion for sanctions. Defendant reassigned the computer and re-imaged the hard drive according to long-standing practice, and did so before Plaintiff served discovery requests or filed his complaint. The Court thus did not find bad faith in the disposition of the lieutenant’s computer.

Relevant Documents:

Defendant’s Motion to Compel Production (Doc. 46) 

Plaintiff’s Combined Emergency Motion for Sanctions for Spoliation of Evidence (Doc. 80)

Defendant’s Response to Plaintiff’s Combined Emergency motion for Sanctions for Spoliation of Evidence (Doc. 82) 

Order on Motion for Sanctions for Spoliation of Evidence (Doc. 104)

E-Discovery Issues: Motion for Sanctions
E-discovery Tags: Data Recovery, Data Retention, Email, Preservation and Collection, Sanctions, Spoliation
E-discovery subjects: Backup Tapes, Computer, Email, Hard drive

Published: April 4th, 2018

Category: Uncategorized

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