Truesdell v. Thomas » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

Truesdell v. Thomas

Truesdell v. Thomas

Case Date: 04/30/2015
Citation: Truesdell v. Thomas, No. 5:13–cv–552–Oc–10PRL, 2015 WL 2022991 (M.D. Fla. Apr. 30, 2015)
Court Type: Federal District
Court: Middle District of Florida (M.D. Fla.)
Judge: Federal Magistrate Judge: Philip R. Lammens
Rule(s): Rule 26; Rule 34
Issues:

Plaintiff claimed a violation of her federal privacy rights under the Driver’s Privacy Protection Act of 1994 (DPPA). Plaintiff moved to compel the production of ESI from Defendant Thomas’ Driver and Vehicle Information Database (DAVID) usage history, despite being provided such information in printed paper format, alleging that the paper production was not reasonably usable.

Resolution:

The Court denied Plaintiff’s motion to compel. Defendant Thomas provided the information in printed paper format, and Plaintiff could not prove that the information was overly burdensome, as only a limited time frame was relevant to Plaintiff’s case in particular. Further, Plaintiff should have subpoenaed the Department of Highway Safety and Motor Vehicles (DHSMV) if she wanted the electronic data, as the disputed data originated from the DHSMV.

Relevant Documents:

Motion to Compel Production of ESI (Doc. 72)

Response in Opposition to Motion to Compel Production of ESI (Doc. 84)

Reply in Support of Motion to Compel Production of ESI (Doc. 90) 

Order (Doc. 94)

E-Discovery Issues: Motion to Compel
E-discovery Tags: Form of Production, Metadata, Possession or Control, Privacy, Relevancy
E-discovery subjects: Database

Published: January 12th, 2018

Category: Uncategorized


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