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Extract from article by Sarena Regazzoni

Living Color Enters. v. New Era Aquaculture, Ltd., No. 14-cv-62216-MARRA/MATTHEWMAN, 2016 WL 1105297 (S.D. Fla. Mar. 22, 2016).

Applying newly amended Federal Rule of Civil Procedure 37(e), the court found that a defendant’s failure to turn off his phone’s automatic-deletion feature and preserve text messages did not merit sanctions where the majority of the messages could be replaced.

In this case, Living Color sued two of its former business partners and a competitor for conspiring to steal its business. During discovery, Living Color claimed that defendant Daniel Leyden, its former employee, did not turn over all relevant electronically stored information (ESI) and filed a motion to compel, which the court granted. The court ordered Leyden to submit an affidavit regarding any outstanding texts or e-mails that he had not produced between himself and defendant New Era Aquaculture and three people, Mark Vera, Peter Kersh, and Tom Noble, from 2013 to 2016.

 

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