Case Blurb: Santana; Awarding of Attorney’s Fees Under FRCP 37(a)(5)

Rule 37(a)(5) provides that if a court grants a motion to compel discovery “– or if the disclosure or requested discovery is provided after the motion was filed — the court must . . . require the party or deponent whose con-duct necessitated the motion . . . to pay the movant’s reasonable expenses incurred in making the motion, including attorney’s fees,” unless the court finds that “that opposing party’s nondisclosure, response, or objection was substantially justified” or “other circumstances make an award of expenses unjust.”

Santana v. RCSH Opers. LLC., CASE NO. 10-61376-CIV-SELTZER, 2011 U.S. Dist. LEXIS 21785 @ *15 (S.D. Fla Feb. 18, 2011).

Case Blurb: Santana; Federal Court Cites Florida Law on Spoliation Sanctions

Under Florida law, the party seeking spoliation sanctions must prove
(1) that the missing evidence existed at one time;
(2) that the alleged spoliator had a duty to pre-serve the evidence; * and
(3) that the evidence was crucial to the movant being able to prove its prima facie case or defense.”

Even if these three elements are met, before a court may impose spoliation sanctions, the movant must also show, through direct or circumstantial evidence, that the alleged spoliator acted in bad faith.

* “A party has an obligation to retain relevant documents . . . where litigation is reasonably anticipated.” Managed Care Solutions, Inc. v. Essent Healthcare, Inc., 2010 WL 3368654, at *6; see also Wilson, 2008 U.S. Dist. LEXIS 88429, 2008 WL 4642596, at *2 (stating that “[t]he law imposes a duty upon litigants to keep documents that they know, or reasonably should know, are relevant to the matter.”) (footnote omitted).

Santana v. RCSH Opers. LLC., CASE NO. 10-61376-CIV-SELTZER, 2011 U.S. Dist. LEXIS 21785 @ *4-6 (S.D. Fla Feb. 18, 2011).

Case Blurb: Santana; Courts May Look to State Law for Guidance (11th Cir. / Fla.)

Federal law governs the imposition of sanctions for spoliation of evidence, even in diversity cases. Because the the Eleventh Circuit has not set forth specific guidelines for the imposition of spoliation sanctions, the “courts may look to state law for guidance so long as the principles are consistent with federal spoliation principles.” Although the Eleventh Circuit has not expressly found Florida law to be wholly consistent with federal spoliation principles, lower federal courts have routinely looked to Florida law for guidance on when to impose sanctions for spoliation.

Santana v. RCSH Opers. LLC., CASE NO. 10-61376-CIV-SELTZER, 2011 U.S. Dist. LEXIS 21785 @ *3 (S.D. Fla Feb. 18, 2011).

Case Blurb: Santana; Spoliation Sanctions for the 11th Cir.

In the Eleventh Circuit, spoliation sanctions may include:
“(1) dismissal of the case;
(2) exclusion of expert testimony; or
(3) a jury instruction on spoliation of evidence which raises a presumption against the spoliator.”

Santana v. RCSH Opers. LLC., CASE NO. 10-61376-CIV-SELTZER, 2011 U.S. Dist. LEXIS 21785 @ *3 (S.D. Fla Feb. 18, 2011).

Case Blurb: Santana, Definition of Spoliation (11th Cir.)

Spoliation is defined as the ‘destruction of evidence’ or the ‘significant and meaningful alteration of a document or instrument.’

Santana v. RCSH Opers. LLC., CASE NO. 10-61376-CIV-SELTZER, 2011 U.S. Dist. LEXIS 21785 @ *2 (S.D. Fla Feb. 18, 2011).