United States EEOC v. GMRI, Inc. » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

United States EEOC v. GMRI, Inc.

United States EEOC v. GMRI, Inc.

Case Date: 11/01/2017
Citation: United States EEOC v. GMRI, Inc., CASE NO. 15-20561-CIV-LENARD/GOODMAN, 2017 WL 5068372 (S.D. Fla. Nov. 1, 2017)
Court Type: Federal District
Court: Southern District of Florida (S.D. Fla.)
Judge: Federal Magistrate Judge: Jonathan Goodman
Rule(s): Rule 37

Plaintiff brought against GMRI, Inc. for age discrimination in hiring practices, and eventually filed a motion for spoliation and sanctions. The issue was whether spoliation sanctions were appropriate.


After considering EEOC’s motion for spoliation and FRCP Rule 37 sanctions, the Court rejected GMRI’s position that it was not under a duty to preserve documents and ESI for any location other than one restaurant, but declined to authorize the permissible inference type of sanction because the EEOC had not established that the missing evidence was crucial to its case or that the company acted to deprive the EEOC of the information. Further, the Court held the EEOC could present evidence of the missing/destroyed evidence to the jury and argue that GMRI acted in bad faith, leading to the possible inference that the loss of ESI was unfavorable to GMRI.

Relevant Documents:

Motion for Spoliation (Doc. 246)

Response in Opposition to Motion for Spoliation (Doc. 259) 

Reply in Support of Motion for Spoliation (Doc. 260)

Order on Motion for Sanctions (Doc. 329)

E-Discovery Issues: Adverse Inference, Litigation Hold, Motion for Sanctions, Motion for Spoliation, Preservation, Production Request
E-discovery Tags: Communication/Cooperation, De-Duplication, Email, Preservation and Collection, Records Retention Policies, Sanctions, Spoliation
E-discovery subjects: Email

Published: December 28th, 2017

Category: Uncategorized

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