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ARTICLE · 16 DECEMBER 2009

In House Counsel Sanctioned For Failure To Issue Litigation Hold

Cozen O'Connor
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In "Swofford v. Eslinger", ___ F. Supp. 2d ___, 2009 WL 3818593 (M.D. Fla. Sept. 28, 2009), the United States District Court for the Middle District of Florida imposed severe sanctions for failure to preserve electronically stored information.

United StatesInsurance
Thomas Jones
Thomas Jones
Daniel Ward
Daniel Ward

In Swofford v. Eslinger, ___ F. Supp. 2d ___, 2009 WL 3818593 (M.D. Fla. Sept. 28, 2009), the United States District Court for the Middle District of Florida imposed severe sanctions for failure to preserve electronically stored information.

On April 20, 2006, two deputies for the Seminole County Sheriff's Office ("SCSO") shot plaintiff Robert Swofford seven times. The deputies claimed to be in pursuit of two burglary suspects. Plaintiff Swofford brought suit against the sheriff in his official capacity, and against the deputies individually.

On August 24, 2006, the Plaintiff's counsel sent a letter to the SCSO requesting that all evidence in the SCSO's possession related to the shooting be maintained in its original order. The Plaintiff's counsel sent a second letter to the SCSO, dated February 6, 2007, also requesting that all evidence related to the shooting be preserved and listing specific types of evidence, including firearms, clips and ammunition, and

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