Optowave Co. v. Nikitin
Optowave Co. v. Nikitin
| Case Date: | 11/07/2006 |
| Citation: | 2006 U.S. Dist. LEXIS 81345 |
| Court Type: | Federal District |
| Court: | Middle District of Florida (M.D. Fla.) |
| Judge: | Federal Magistrate Judge: David. A. Baker |
| Rule(s): | Rule 37 |
| Issues: | Whether the defendant allowed crucial emails to be deleted after receipt of warnings from opposing counsel demanding he preserve evidence constituted spoliation and if so what form of sanction was warranted? |
| Resolution: | The court found the defendant’s willful destruction of crucial evidence constituted spoliation and warranted an adverse inference instruction to the jury. |
| Relevant Documents: | Motion to Compel Discovery (Doc. 42) Response in Opposition of Motion to Compel Discovery (Doc. 46) Order on Motion to Compel Discovery [Spoliation and Sanctions] (Doc. 90) |
| E-Discovery Issues: | Adverse Inference, Motion for Default Judgment, Motion for Spoliation, Motion to Compel |
| E-discovery Tags: | Email, Preservation and Collection, Spoliation |
| E-discovery subjects: | Computer, Email |