Romero v. Regions Fin. Corp./Regions Bank » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

Romero v. Regions Fin. Corp./Regions Bank

Romero v. Regions Fin. Corp./Regions Bank

Case Date: 07/03/2019
Citation: 2019 U.S. Dist. LEXIS 110973
Court Type: Federal District
Court: Southern District of Florida (S.D. Fla.)
Judge: Federal Magistrate Judge: Edwin G. Torres
Rule(s): Rule 37

Whether sanctions were appropriate under Rule 37 for the destruction of video footage requested by plaintiff in an age discrimination case where plaintiff claimed the video would show that a meeting with the plaintiff claimed by the defendant did not occur.


The court determined that Rule 37, not the court’s inherent powers, was the sole basis for the remedy sought by the plaintiff. The first prong of Rule 37 requires that the plaintiff establish prejudice. The court determined that plaintiff had not established prejudice: “[s]tated as simply as possible, the video does not provide or disprove any genuine issue material to her underlying claims of discrimination, and so we cannot find she suffered prejudice for [the defendant’s] failure to preserve this particular ESI.”

Further, plaintiff failed to prove that the defendant’s intent was to deprive the plaintiff of the use of the lost footage in the litigation as required by Rule 37(e)(2).

Relevant Documents:

Response in Opposition to Motion for Sanctions for Spoliation of Evidence (Doc. 116)

Plaintiff’s Reply to Response to Motion for Sanctions for Spolaition of Evidence (Doc. 125)

Order on Plaintiff’s Motion for Sanctions for Spoliation of Evidence (Doc. 131)

E-Discovery Issues: Motion for Sanctions, Motion for Spoliation, Preservation
E-discovery Tags: Preservation and Collection, Sanctions, Spoliation
E-discovery subjects: Surveillance Footage, Video

Published: August 8th, 2019

Category: Uncategorized

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