v. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO. 12-24356-CIV-GOODMAN [CONSENT CASE]
This order is about
Judge Goodman opens with BB King and ends with the Beatles. “Help the poor, won’t you help poor me.” I hope to
Seeks $350 million in this antitrust lawsuit. the Court Appointed a computer forensic expert and a Special Master to assist with ESI issues. which have been detailed, complex, and time-consuming.
Wants to depose the expert in advance of a motion for spoliation sanctions. Opposes the motion to depose the expert. Filed: December 2012 02/27/14 Litigation Hold Litigation hold implemented 2014 Has some problems: Suit filed 2012 Lawyers did not travel to meet with IT team 1 2 3 4 after being ordered by the judge 5 Deleted 17,000 files the day the hold was ordered 6 200,000 emails and files were deleted. 5,700 contained a keyword in the filename.
the CourtAnticipates either a motion for sanctions or
the CourtGrants the motion. The expert will be deposed. The export report is thousands of pages. The investigation has taken more than a year. Special Master has done most of the assessment of the report. Federal Rules of Evidence allow it. Rule 706(b)(2) Court-Appointed Witnesses may be deposed by any party. Federal courts have authorized it. E.D. Va. D. Nev. S.D. Fla. E.D. Pa. D. Minn. N.D. Ill. Here's why:
Spoliation issues are fact-intensive. Spoliation sanction requires bad faith. Bad Faith Expert is in the best position to make this determination Patheon needs to show that deleted information was crucial to its defense. The court needs help with complex ESI issues. Help!
The deposition might