Se. Mech. Servs., Inc. v. Brody » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

Se. Mech. Servs., Inc. v. Brody

Se. Mech. Servs., Inc. v. Brody

Case Date: 08/31/2009
Citation: Se. Mech. Servs., Inc. v. Brody, 657 F. Supp. 2d 1293 (M.D. Fla. 2014)
Court Type: Federal District
Court: Middle District of Florida (M.D. Fla.)
Judge: Federal Magistrate Judge: Elizabeth A. Jenkins
Rule(s): Federal Law

An employer filed a Motion for Sanctions Due to Spoliation of Evidence against former employees. The Court had to decide whether there was bad faith destruction of evidence on behalf of the employees, and determine the most appropriate sanction.


An adverse inference jury instruction was the most fitting  sanction, due to bad faith on the part of Defendants in wiping information from their electronic devices.

Relevant Documents:

Motion for Spoliation and Order to Show Cause (Doc. 269) 

Supplement to Motion for Sanctions (Doc. 282)

Response to Motion for Sanctions for Spoliation (Doc. 292)

Memorandum in Opposition to Motion of Spoliation (Doc. 293)

Order (Doc. 372)

E-Discovery Issues: Motion for Sanctions
E-discovery Tags: Costs, Forensic Analysis/Examination, Sanctions, Spoliation, Trade Secrets
E-discovery subjects: Calendar, Cell phone, Computer, Email, Enterprise Applications, Phone records, Text message

Published: November 26th, 2017

Category: Uncategorized

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