Simon Prop. Grp., Inc. v. Lauria » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

Simon Prop. Grp., Inc. v. Lauria

Simon Prop. Grp., Inc. v. Lauria

Case Date: 12/13/2012
Citation: Simon Prop. Grp., Inc. v. Lauria, Case No. 6:11-cv-01598-Orl-31KRS, 2012 WL 6859404 (M.D. Fla. Dec. 13, 2012)
Court Type: Federal District
Court: Middle District of Florida (M.D. Fla.)
Judge: Federal Magistrate Judge: Karla R. Spaulding
Issues:

Plaintiff moved for spoliation sanctions in a case where Defendant created numerous fraudulent companies and identities to skim money from Plaintiff, and then disposed of a laptop containing evidence.

Resolution:

The magistrate recommended that the spoliation sanctions be granted. Defendant knowingly disposed of a laptop containing essential documents, despite knowing litigation was reasonably anticipated and that she had a duty to preserve the information on the laptop. The Court easily found bad faith on behalf of Defendant, as Defendant threw her laptop into a river to cover her tracks.

Relevant Documents:

Motion for Sanction for Spoliation of Evidence (Doc. 231) 

Report and Recommendations (Doc. 256)

Objections to Report and Recommendations and Response to Motion for Spoliation of Evidence (Doc. 259) 

Response to Objections to Report and Recommendation and Response to Motion for Spoliation (Doc. 286) 

Order Adopting Report and Recommendations (Doc. 290)

E-Discovery Issues: Motion for Sanctions, Motion for Spoliation
E-discovery Tags: Costs, Metadata, Possession or Control, Preservation and Collection, Sanctions, Spoliation
E-discovery subjects: Computer, Email

Published: February 6th, 2018

Category: Uncategorized


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