Valdes v. Greater Naples Fire Rescue Dist.

The Defendant filed a motion to compel the forensic examination of all electronic devices owned by the Plaintiff. The Defendant filed the motion to  compel after the plaintiff produced some relevant emails and text messages in his answer to the Defendant’s interrogatories. The parties could not reach on an agreement on a protocol to produce electronic documents. The Defendant argues that the Plaintiff’s use on at least occasion on relevant issues to the case justifies forensic examination.

The court granted the motion in part and denied in part. The court held that the motion was overbroad and not proportional to the needs of the case because the defendant requested all the plaintiff’s cell phones, computers, and iPads. Moreover, the allegations of the complaint only involved events occurring from October 27, 2016 to December 28, 2016. The Defendant had not tailored the requests to specify the forms of production and what would be found. The emails and text messages that had already been produced is not an indicator alone that a forensic examination would produce additional relevant material. The Court found the invasion of the plaintiff’s privacy outweighs the usefulness of the proposed investigation. Finally, there was no evidence of intentional spoliation of ESI.

The Court, however, agreed to require the plaintiff to execute an Authorization form providing the defendant access to the plaintiff’s social media accounts. The request was no opposed by the plaintiff.

Finally, the court declined to award attorney’s fees and cost to either party.

Motion to Compel Forensic Examination of Plaintiff’s Electronic Devices (Doc. 20)

Response in Opposition to Motion to Compel Forensic Examination of Plaintiff’s Electronic Devices (Doc. 22)

Order (Doc. 25)