Vacation Club Servs. v. Rodriguez » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

Vacation Club Servs. v. Rodriguez

Vacation Club Servs. v. Rodriguez

Case Date: 04/14/2011
Citation: 2011 U.S. Dist. LEXIS 166007
Court Type: Federal District
Court: Middle District of Florida (M.D. Fla.)
Judge: Federal Magistrate Judge: Gregory J. Kelly
Rule(s): Rule 37

Defendant was ordered to produce documents to plaintiff. At a later date, plaintiff and Defendant conducted a telephone conference for production of additional documents. The agreed upon terms were not written down. When plaintiff reviewed data from Defendant’s laptop, they discovered files deleted that fell outside the dates of the motion to compel but within the terms that the plaintiff believed the Defendant had agreed to, and plaintiff filed motions for spoliation and sanctions.


The court denied the motion. The Defendant was not required to follow the terms of the oral agreement from the telephone conference. Per Local Rule 4.15, “No stipulation or agreement between any parties or their attorneys, the existence of which is not conceded, in relation to any aspect of any pending case, will be considered by the Court unless the same is made before the Court and noted in the record or is reduced to writing and subscribed by the party or attorney against whom it is asserted.” Since the statement was not recorded in a written statement, and neither party concedes to the terms, the terms are not valid. The deletion of the files were not spoliation since the original motion did not cover the dates the of the deleted files.

Relevant Documents:

Plaintiff’s Motion for Sanctions Against Defendant, Global Resort Management, LLC and for an Order to Show Cause Why Global Should Not be Held in Civil Contempt (Doc. 64)

Order to Show Cause (Doc. 75)

Global Resort Management, LLC’s Response to Court’s November 19, 2010 Order to Show Cause (Doc. 79)

Plaintiff’s Reply to Defendant Global Resort Management, LLC’s Respone to Order to Show Cause (Doc. 82)

Order Denying Plaintiff’s Motion for Sanctions (Doc. 91)

E-Discovery Issues: Motion for Sanctions, Motion for Spoliation, Motion to Compel
E-discovery Tags: Communication/Cooperation, Data Recovery, Forensic Analysis/Examination, Preservation and Collection, Spoliation
E-discovery subjects: Electronically stored information, Hard drive

Published: November 16th, 2019

Category: Uncategorized

Comments are closed.