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