Lee v. PMSI, Inc. » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

Lee v. PMSI, Inc.

Lee v. PMSI, Inc.

Case Date: 05/06/2011
Citation: Lee v. PMSI, Inc., CASE NO.: 8:10-cv-2904-T-23TBM, 2011 WL 1742028 (M.D. Fla. May 6, 2011)
Court Type: Federal District
Court: Middle District of Florida (M.D. Fla.)
Judge: Federal District Judge: Steven D. Merryday

In an action for pregnancy discrimination, Defendant counterclaimed and alleged Plaintiff violated the Computer Fraud and Abuse Act (CFAA) by engaging in “excessive internet usage” and checking personal email and social media accounts during work. Plaintiff moved to dismiss Defendant’s counterclaim.


The Court granted Plaintiff’s motion to dismiss. The Computer Fraud and Abuse Act (CFAA) was meant for loss of data, not loss of productivity. Plaintiff did not exceed her authorization, did not access any restricted information, and did not damage any of Defendant’s data. Therefore, the Court held Plaintiff did not violate the CFAA and dismissed Defendant’s counterclaim.

Relevant Documents:

Motion to Dismiss Count II of Plaintiff’s Complaint (Doc. 4) 

Answer and Affirmative Defenses (Doc. 5) 

Amended Answer and Defenses and Counter Claim (Doc. 12) 

Motion to Strike Counterclaim (Doc. 13) 

Response in Opposition to Motion to Strike Counterclaim (Doc. 17) 

Order on Motion to Strike (Doc. 18)


E-Discovery Issues: Motion to Dismiss
E-discovery Tags: Custodian
E-discovery subjects: Computer, Email, Internet usage, Social Media

Published: February 6th, 2018

Category: Uncategorized

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