Tag: Text Message

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Charter Communications Operating, LLC v. Optymze, LLC (Del. Ch. 2021)
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Crossman v. Carrington Mortg. Servs., LLC, (M.D. Fla. May 4, 2020)
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Nevis v. Rideout Memorial Hospital, et al. (Eastern District of California, 2020)
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Schmidt v. Shifflett, 1:18-cv-00663-KBM-LF (D.N.M. Aug. 6, 2019).
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Wolff v. United Airlines, Inc., No. 1:18-cv-00591-RM-SKC (D. Colo. Sep. 17, 2019).
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Shim-Larkin v. City of New York, 16-CV-6099 (S.D.N.Y. Sept. 16, 2019)
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In re Verizon Wireless (D. Md., 2019)
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Laub v. Horbaczewski, No. 2:17-CV-06210 JAK (KSx) (C.D. Cal. July 30, 2019).
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Hardy v. UPS Ground Freight, Inc. (D. Mass., 2019)

Charter Communications Operating, LLC v. Optymze, LLC (Del. Ch. 2021)

Key Insight: Defendant committed serious misconduct sufficient to justify dismissal of its counterclaims under Rule 41(b). Defendant refused the reasonable request for native files exchanged via Microsoft Teams. Defendant produced individual emails containing each message. In this format, the messages could not be reassembled into complete conversations. Defendant was compelled to produce the native files which revealed extensive spoliation of evidence. Defendant edited numerous chat messages in an effort to hide instructions to employees to take actions that violated court orders. Because all of the unaddressed misconduct related to Defendant’s counterclaims, dismissal of those counterclaims with prejudice and award of fees and expenses is an adequate remedy.

Nature of Case: Breach of Contract

Electronic Data Involved: Instant message

Case Summary

Key Insight: Court rejected additional discovery based off proportionality and discovery already produced. There was no additional proof of unproduced, relevant texts.

Electronic Data Involved: Text Messages

Keywords: additional discovery, proportionality

Crossman v. Carrington Mortg. Servs., LLC, (M.D. Fla. May 4, 2020)

Key Insight: Defendant moved to compel social media discovery from plaintiff. The court considered plaintiff’s objections based on relevancy, privacy, and vagueness. Plaintiff did not assert a proportionality argument. The court found that the discovery was relevant – “common sense dictates that information in [plaintiff’s] social medial . . . relates to her contemporaneous mental and emotional states and therefore relates to the injuries she claims she suffered at the hands of [defendant], including loss of enjoyment of life.” As to privacy, a confidentiality agreement suffices to protect plaintiff’s interests. As to vagueness, plaintiff’s counsel can “reasonably and naturally” interpret the requests in view of the claims and defenses through communication with opposing counsel. Lastly, an award of expenses was unwarranted since “reasonable minds can differ on the dispute.”

Nature of Case: Employment Discrimination

Electronic Data Involved: Social Media

Case Summary

Nevis v. Rideout Memorial Hospital, et al. (Eastern District of California, 2020)

Key Insight: Plaintiff was made aware that he had to preserve his phone records and text records and than failed to do so

Nature of Case: personal injury and liability

Electronic Data Involved: plaintiff’s cell phone and text messages

Keywords: spoliation, text messages, phone records, cell phone, preservation

View Case Opinion

Schmidt v. Shifflett, 1:18-cv-00663-KBM-LF (D.N.M. Aug. 6, 2019).

Key Insight: Severe sanctions will not be granted where bad faith cannot be proved and no prejudice.

Nature of Case: Automobile collision.

Electronic Data Involved: Mobile phone data.

Keywords: intentional destruction, adverse inference

View Case Opinion

Wolff v. United Airlines, Inc., No. 1:18-cv-00591-RM-SKC (D. Colo. Sep. 17, 2019).

Key Insight: Both sides moved for spoliation sanctions. Court was troubled by failure to suspend automatic deletion and loss of personal cell phone, but imposed no sanctions.

Nature of Case: Employee Termination/Discrimination

Electronic Data Involved: cell phones, company computer, notebooks

Keywords: spoliation; sanctions; automatic deletion

View Case Opinion

Shim-Larkin v. City of New York, 16-CV-6099 (S.D.N.Y. Sept. 16, 2019)

Key Insight: The obligation to preserve evidence in a workplace discrimination suit can extend to personal devices known to contain relevant material.

Nature of Case: workplace discrimination

Electronic Data Involved: text messages

Keywords: personal device, text message, obligation to preserve

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Laub v. Horbaczewski, No. 2:17-CV-06210 JAK (KSx) (C.D. Cal. July 30, 2019).

Key Insight: Did not withhold irrelevant texts. Judge denied clawback for relevance.

Nature of Case: Contract

Electronic Data Involved: Text Messages

Keywords: clawback, relevance

View Case Opinion

Hardy v. UPS Ground Freight, Inc. (D. Mass., 2019)

Key Insight: whether failure to provide text messages talked was spoliation of evidence

Nature of Case: employment discrimination

Electronic Data Involved: forensic imaging of plaintiff’s cell phone, relevant text messages

Keywords: text messages, forensic imaging of cell phone, spoliation

View Case Opinion

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