Hendricks v. Smartvideo Techs., Inc. » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

Hendricks v. Smartvideo Techs., Inc.

Hendricks v. Smartvideo Techs., Inc.

Case Date: 01/26/2007
Citation: Hendricks v. Smartvideo Techs., Inc., 511 F. Supp. 2d 1219 (M.D. Fla. 2007)
Court Type: Federal District
Court: Middle District of Florida (M.D. Fla.)
Judge: Judge: Virginia M. Hernandez Covington
Rule(s): Rule 11, Rule 37, Rule 56
Issues:

In a diversity suit alleging a number of contract and tort claims, each party moved for sanctions and summary judgment. The issue was whether bad faith existed, sufficient to support a finding of sanctions.

Resolution:

The Court denied Defendant’s motion for sanctions, as the Court did not find Plaintiff destroyed his old hard drive in bad faith. Plaintiff claimed his hard drive crashed, and had corroborating evidence indicating such. Further, Plaintiff did not receive Defendant’s first production request until after the hard drive had already been replaced, months after the start of litigation. The Court also denied Plaintiff’s cross-motion for sanctions, finding Defendant’s motion was not filed merely to harass Plaintiff. With respect to the summary judgment claims, the Court granted in part and denied in part Defendant’s motion for summary judgment, and denied Plaintiff’s cross-motion for summary judgment.

Relevant Documents:

Defendant’s Motion for Sanctions (Doc. 58) 

Plaintiff’s Response to Motion for Sanctions and Cross Motion for Sanctions (Doc. 67)

Order on Motion for Sanctions (Doc. 77)

E-Discovery Issues: Motion for Sanctions, Motion for Summary Judgment, Production Request
E-discovery Tags: Data Retention, Forensic Analysis/Examination, Form of Production, Possession or Control, Preservation and Collection, Sanctions
E-discovery subjects: Computer, Hard drive

Published: March 27th, 2018

Category: Uncategorized


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