Florida Court Orders Party to Pay for Discovery Error

Florida Court Orders Party to Pay for Discovery Error

In this case, the District Court considered Lexington Insurance Company’s motion for sanctions and reviewed the magistrate judge’s previous recommendation of dismissal sanctions and reimbursement costs. Bray & Gillespie Management, LLC, after it was discovered that it failed to produce records, claimed it was unaware of an automatic function of the business’s computerized account management system that archived records after six months. During the Evidentiary Hearing, the Plaintiff acknowledged the missing documents and stated that the documents could be produced if “discovery [was]…reopened and extended for another four to six week period.” The Court denied the plaintiff’s request to be allowed to cure the production defect, citing that the archived files were “likely retrievable with minimal effort and at minimal expense…” The Court stated that the “[d]efendant’s demand for full production of all Treasure Island room folios [had] been clear, unambiguous, and frequent.”  The order further states that the Plaintiff had “evidenced a pattern of inexcusable disregards for the authority of [the] Court and the larger civil discovery process.” Ultimately, “to insure the integrity of the discovery process,” the Court ordered Bray & Gillespie Management, LLC to pay Lexington Insurance Company $75K in expenses and costs.

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