Stirling Int’l Realty, Inc. v. Soderstrom » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

Stirling Int’l Realty, Inc. v. Soderstrom

Stirling Int’l Realty, Inc. v. Soderstrom

Case Date: 05/15/2015
Citation: Stirling Int'l Realty, Inc. v. Soderstrom, Case No: 6:14-cv-1109-Orl-40TBS, 2015 WL 2354803 (M.D. Fla. May 15, 2015)
Court Type: Federal District
Court: Middle District of Florida (M.D. Fla.)
Judge: Federal District Judge: Paul G. Byron
Issues:

Defendant filed a first amended motion to dismiss challenging violations of the Computer Fraud and Abuse Act (CFAA) and the Stored Communications Act (SCA).

Resolution:

The Court denied Defendant’s motion to dismiss. At the Rule 12(b)(6) stage, Plaintiff’s allegations under the CFAA and SCA were enough to demonstrate that the claim was plausible on its face. With respect to the CFAA, Defendant could not demonstrate that Plaintiff did not suffer in excess of $5000 in loss, that the computer was not a protected computer, or that she did not gain unauthorized access or exceed access. Further, under the SCA, Defendant could not demonstrate the material was readily accessible to the public, that Plaintiff did not sufficiently allege a “facility,” or that she did not gain unauthorized access or exceed access.

Relevant Documents:

Amended Motion to Dismiss (Doc. 32) 

Response in Opposition to Amended Motion to Dismiss (Doc. 34) 

Order on Motion to Dismiss (Doc. 37)

 

E-Discovery Issues: Motion to Dismiss
E-discovery Tags: Custodian, Possession or Control, Privacy, Sources of ESI
E-discovery subjects: Computer, Email, Internet usage

Published: February 12th, 2018

Category: Uncategorized


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