Tufano v. Bush et al

Filing 29

ORDER denying as moot Defendant's request for a protective order regarding the content of Bush's text messages sent and received from his cellular telephone on March 22, 2012 is denied as moot. Signed by Magistrate Judge Sheri Polster Chappell on 9/4/2012. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

ANTHONY B. TUFANO,
Plaintiff,
v.

Case No: 2:12-cv-228-FtM-99SPC

MATTHEW BRIAN BUSH and
BRANDON ERIC GUYER,
Defendants.
___________________________________/
ORDER
This matter comes before the Court on Defendant, Matthew Bush's Objection to
Subpoena Duces Tecum and Motion for Protective Order (Doc. #11) filed on May 31, 2012.
This Court previously issued an Order granting in part and denying in part Bush’s Motion for
Protective Order (Doc. #18). In that Order, the Court noted that it would conduct an in camera
review of the content of the text messages sent and received from Defendant Matthew Brian
Bush’s cellular telephone number, [phone], on March 22, 2012 – the date of the accident
at issue in this case.
The Court has received the information from Defense Counsel for in camera review and
notes that as indicated in the cover letter to the Court – on which Plaintiff’s Counsel was copied
– Verizon Wireless destroys the contents of all text messages not later than the fifth day
following its being sent and/or received. Therefore, Defendant’s Motion for Protective Order
regarding the content of Bush’s text messages sent and received from his cellular telephone on
March 22, 2012 is denied as moot as it does not appear that Verizon Wireless is in possession of
this information any longer.

Accordingly, it is now
ORDERED:
Defendant’s request for a protective order regarding the content of Bush’s text messages
sent and received from his cellular telephone on March 22, 2012 is denied as moot.
DONE and ORDERED in Fort Myers, Florida this 4th day of September, 2012.

Copies: All Parties of Record

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