Optowave Co. v. Nikitin » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

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

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?


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

Published: October 24th, 2018

Category: Uncategorized

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