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Preferred Care Partners Holding Corp. v. Humana, Inc.

Preferred Care Partners Holding Corp. v. Humana, Inc.

Case Date: 04/09/2009
Citation: Preferred Care Partners Holding Corp. v. Humana, Inc., No. 08-20424-CIV, 2009 WL 982460 (S.D. Fla. Apr. 9, 2009)
Court Type: Federal District
Court: Southern District of Florida (S.D. Fla.)
Judge: Federal Magistrate Judge: Andrea M. Simonton
Rule(s): Rule 16, Rule 37

Plaintiffs (PCP) sought damages allegedly from unsuccessful negotiations to sell the business to Humana. PCP filed a motion for sanctions, alleging Humana inappropriately destroyed relevant evidence.


Motion for sanctions granted in part and denied in part.¬†Principles and federal rules for the destruction of evidence applied equally to the destruction of electronic evidence, and the Court therefore allowed sanctions for “grossly negligent discovery conduct.” Plaintiffs allowed to forensically analyze Defendant’s computer system and additional documents, and Defendant was to bear the cost of the added discovery, including attorneys’ fees.

Relevant Documents:

Motion for Sanctions (Doc. 153)

Response in Opposition to Motion for Sanctions (Doc. 163)

Reply in Support of Motion for Sanctions (DOc. 199) 

Order (Doc. 199) 


E-Discovery Issues: Confidentiality Agreement, Litigation Hold, Motion for Sanctions
E-discovery Tags: Data Backup, Data Dump, Data Recovery, De-Duplication, Forensic Analysis/Examination, Keyword Search, Metadata, Print and Purge, Privilege, Sanctions
E-discovery subjects: Computer, Email

Published: December 19th, 2017

Category: Uncategorized

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