HealthPlan Services v. Dixit » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

HealthPlan Services v. Dixit

HealthPlan Services v. Dixit

Case Date: 12/19/2019
Citation: 2019 U.S. Dist. LEXIS 218063; 2019 WL 6910139
Court Type: Federal District
Court: Middle District of Florida (M.D. Fla.)
Judge: Federal Magistrate Judge: Amanda Sansone
Rule(s): Fed. R. Civ. P. 26(b); Federal R. Civ. P. 34(a); Fed. R. Civ. P. 37(b)(2)(C)
Issues:

HealthPlan filed a motion for sanctions and an order to show cause why Dixit should be held in contempt for failing to follow a court order to turn over laptops and hard drives for a full forensic investigation. Dixit had earlier turned over PDF files that did not contain metadata. The order required that Dixit turn the hard drives and laptop to his attorney and HealthPlan designate an expert to conduct the forensic examination. Dixit argued that during the hearing for the order that he had agreed to forensic imaging but not an examination.

Resolution:

The court granted the motions in part and denied in part. HealthPlan’s motion for Dixit to comply with the court order was granted. The motion for sanctions and to show cause why Dixit should be held in contempt was granted to the extent that Dixit must pay reasonable expenses incurred during the meet and confers about the issues and filing the motions. The motion for additional sanctions and for a jury instruction was denied. The court held that because the documents provided had been scrubbed of metadata and the laptop at issue was a work computer and not a personal computer, the current situation met factors of an exceptional circumstance to permit forensic examination pusuant to the Middle District of Florida Discovery Handbook.

Relevant Documents:

Plaintiff HealthPlan Services Inc.’s Motion for Sanctions, Fees and Order to Show [Doc. 218]

Defendant’s Response to Plaintiff HealthPlan Services, Inc.’s Motion for Sanctions, Fees and Order to Show Cause [Doc. 229]

Order [Doc. 233]

E-Discovery Issues: Contempt of Court, Motion for Forensic Inspection, Motion for Sanctions, Motion to Compel
E-discovery Tags: Forensic Analysis/Examination, Form of Production, Metadata
E-discovery subjects: Computer, Hard drive

Published: June 12th, 2020

Category: Uncategorized


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