Party that admitted deletion of text messages after the duty to preserve arose was not sanctioned under amended Rule 37(e), Federal Rules of Civil Procedure, because the Court determined (i) there was no prejudice to the requesting party and (ii) there was no evidence of an “intent to deprive” or bad faith. The Court also held that amended Rule 37(e) does not permit an adverse inference instruction or other severe sanctions against a “relatively unsophisticated party” whose destruction of electronic evidence was negligent rather than willful.
Living Color Enterprises, Inc. v. New Era Aquaculture, Ltd.
2016 WL 1105297 (S.D. Fla. March 22, 2016)