Pac. Coast Marine Windshields Ltd. v. Malibu Boats, LLC » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

Pac. Coast Marine Windshields Ltd. v. Malibu Boats, LLC

Pac. Coast Marine Windshields Ltd. v. Malibu Boats, LLC

Case Date: 11/30/2012
Court Type: Federal District
Court: Middle District of Florida (M.D. Fla.)
Judge: Federal Magistrate Judge: David A. Baker
Rule(s): Rule 37

Whether spoliation sanctions are appropriate when an agent of the Defendant, an independent contractor, on his own accord and without knowledge by the Defendant, deleted files from a computer ordered to be inspected prior to delivery.


The court granted in part and denied in part. As per an earlier order, the agent would not be allowed to testify and evidence originated by him would be excluded. Further, Defendant will not be allowed to rely on any files sent from and to the agent that the Defendant has produced.  However, the agent was only under partial control by the Defendant, and Plaintiff’s contention that the appropriate remedy of striking the Defendant’s Answer and Counterclaims would be too extreme.

Relevant Documents:

Motion for Sanction for Malibu’s Destruction of Evidence in Violation of Court’s Order (Doc. 273)

Memorandum in Opposition of Malibu Boats to PCMW’s Motion for Sanctions (Doc. 294)

Reply to Response to Motion For Sanctions (Doc. 303)

Order on Motion for Sanctions (Doc. 309)

E-Discovery Issues: Motion for Sanctions, Motion for Settlement
E-discovery Tags: Forensic Analysis/Examination, Sanctions, Spoliation
E-discovery subjects: Computer, Electronically stored information, Hard drive

Published: November 16th, 2019

Category: Uncategorized

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