Doug Austin, eDiscovery Today: In a Case of “Déjà vu All Over Again”, Court Orders Mobile Phone Forensic Examination

Extract from Doug Austin’s article “In a Case of “Déjà vu All Over Again”, Court Orders Mobile Phone Forensic Examination”

In Measured Wealth Private Client Grp. v. Foster, et al., No.: 20-cv-80148-SINGHAL/MATTHEWMAN (S.D. Fla. Mar. 31, 2021), Florida Magistrate Judge William Matthewman, after having ordered a mobile phone forensic examination for a different individual defendant two months earlier, granted the plaintiff’s motion to compel forensic examination of defendant Lee Anne Foster’s mobile phone, rejecting the defendant’s argument that the lengthy time period requested was a “mere fishing expedition”.

Case Background

In this case involving misappropriation of trade secrets claims against the defendants, who left the plaintiff’s employment and joined a direct competitor of the plaintiff, the plaintiff filed a Motion to Compel Forensic Examination of Defendant Lee Anne Foster’s Mobile Phone, which was referred to the District Judge, Raag Singhal.  After the defendant filed a response and the plaintiff filed a reply, the Court entered an Interim Order requiring the parties to further confer and file a Joint Notice, which they did, but were unable to reach an agreement.

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