Wynmoor Cmty. Council, Inc. v. QBE Ins. Corp.
Wynmoor Cmty. Council, Inc. v. QBE Ins. Corp.
| Case Date: | 03/05/2012 |
| Citation: | Wynmoor Cmty. Council, Inc. v. QBE Ins. Corp., 280 F.R.D. 681 (S.D. Fla. 2012) |
| Court Type: | Federal District |
| Court: | Southern District of Florida (S.D. Fla.) |
| Judge: | Federal Magistrate Judge: Lurana S. Snow |
| Rule(s): | Rule 26; Rule 34; Rule 37 |
| Issues: | Defendant insurer moved to compel Insurer moved to compel production of responsive documents and a forensic analysis of Plaintiffs’ computers. Plaintiff objected alleging production would result in duplicative discovery and would be unduly burdensome based on Plaintiffs’ status as non-profit condominium associations |
| Resolution: | The Court granted Defendant’s motion to compel. As Plaintiffs did not timely object to Defendant’s motion, their objections were waived. However, even assuming their objections were not waived, the Court held Defendant’s request for electronically stored information would not result in duplicative discovery, and that Defendant’s desire for a forensic examination was fair based on Plaintiffs’ uncooperative behavior in examining the electronically stored information. The Court therefore ordered an independent examiner to conduct a forensic analysis of Plaintiffs’ computers. |
| Relevant Documents: | Motion to Compel Production and Forensic Examination (Doc. 59) Order on Motion to Compel Production and Forensic Examination (Doc. 85) |
| E-Discovery Issues: | Motion to Compel |
| E-discovery Tags: | Costs, Data Backup, Data Recovery, Forensic Analysis/Examination, Keyword Search, Mirror Imaging, Preservation and Collection, Privilege, Sources of ESI |
| E-discovery subjects: | Computer, Email, Hard drive, Servers |