Spiral Direct, Inc. v. Basic Sports Apparel, Inc. » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

Spiral Direct, Inc. v. Basic Sports Apparel, Inc.

Spiral Direct, Inc. v. Basic Sports Apparel, Inc.

Case Date: 10/27/2016
Citation: Spiral Direct, Inc. v. Basic Sports Apparel, Inc., Case No: 6:15-cv-641-Orl-28TBS, 2016 WL 6277025 (M.D. Fla. Oct. 27, 2016)
Court Type: Federal District
Court: Middle District of Florida (M.D. Fla.)
Judge: Federal Magistrate Judge: Thomas B. Smith
Rule(s): Rule 45
Issues:

Non-party Simon Property Group motioned to quash subpoenas, alleging compliance with the subpoenas would be overly burdensome.

Resolution:

The Court denied Simon’s motion to quash. The attorneys did not engage in a serious effort to resolve the dispute before the subpoenas were issued, and were therefore in clear violation of local court rules and Rule 45 of the Federal Rules of Civil Procedure. The 3 minute 11 second phone conversation did not qualify as a “serious effort.”

Relevant Documents:

Motion to Quash Subpoenas or Motion to Limit Discovery (Doc. 42) 

Response in Opposition to Motion to Quash or Limit Discovery (Doc. 47) 

Reply in Support of Motion to Quash or Limit Discovery (Doc. 55)

Sur-Reply in Opposition to Motion to Quash or Limit Discovery (Doc. 57)

Order on Motion to Quash (Doc. 61)

 

E-Discovery Issues: Motion to Quash
E-discovery Tags: Communication/Cooperation, Custodian, Forensic Analysis/Examination, Form of Production, Non-Party Discovery, Privilege, Vendor
E-discovery subjects: Backup Tapes, Email, Servers

Published: February 13th, 2018

Category: Uncategorized


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