Living Color Enters., Inc. v. New Era Aquaculture, Ltd. » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

Living Color Enters., Inc. v. New Era Aquaculture, Ltd.

Living Color Enters., Inc. v. New Era Aquaculture, Ltd.

Case Date: 03/22/2016
Citation: Living Color Enters., Inc. v. New Era Aquaculture, Ltd., Case No. 14–cv–62216–MARRA/MATTHEWMAN, 2016 WL 1105297 (N.D. Fla. Mar. 22, 2016)
Court Type: Federal District
Court: Northern District of Florida (N.D. Fla.)
Judge: Federal Magistrate Judge: William Matthewman
Rule(s): Rule 37
Issues:

Plaintiff moved for sanctions against Defendant for the destruction of certain text messages that Defendant had a duty to preserve.

Resolution:

The Court denied Plaintiff’s motion for sanctions. The Court did not find any prejudice to the Defendant, as the text messages at issue had largely been produced by another party. Further, the Court did not find bad faith sufficient to support spoliation sanctions because Defendant’s actions were negligent at worse in failing to change the auto-deletion function on his phone.

Relevant Documents:

Motion for Sanctions (Doc. 200)

Response in Opposition to Motion for Sanctions (Doc. 203)

Reply in Support of Motion for Sanctions (Doc. 204)

Order on Motion for Sanctions (Doc. 241)

E-Discovery Issues: Motion for Sanctions, Motion for Spoliation
E-discovery Tags: Data Retention, Preservation and Collection, Sanctions, Spoliation
E-discovery subjects: Email, Text message

Published: January 30th, 2018

Category: Uncategorized


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