Scoma Chiropractic, P.A. v. Celtic Bank et al

Filing 11

ORDER granting 10 Plaintiff's Motion to Preserve Evidence from Westfax, Inc. and Incorporated Memorandum of Law. See Order for details. Signed by Magistrate Judge Carol Mirando on 2/26/2016. (ANW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
SCOMA CHIROPRACTIC, P.A., a
Florida corporation, individually and
as the representative of a class of
similarly situated persons
Plaintiff,
v.

Case No: 2:16-cv-143-FtM-38CM

CELTIC BANK, KABBAGE, INC.,
LOANME, INC. and JOHN DOES
(1-10),
Defendants.
ORDER
Before the Court is Plaintiff’s Motion to Preserve Evidence from Westfax, Inc.
and Incorporated Memorandum of Law (Doc. 10), filed on February 23, 2016. 1
Plaintiff seeks an Order directing WestFax, Inc. to preserve evidence that is directly
relevant to the issues in this case and may otherwise be automatically deleted in the
ordinary course of business. Doc. 10 at 2. Plaintiff represents that WestFax, Inc.
“will preserve the evidence with an appropriate Court Order.” Id. The Court finds
good cause to grant the motion. Id.

No Defendant has entered an appearance in this matter; therefore, the motion is
ripe for review.
1

ACCORDINGLY, it is hereby
ORDERED:
1.

Plaintiff's Motion to Preserve Evidence from Westfax, Inc. and

Incorporated Memorandum of Law (Doc. 10) is GRANTED.
2.

WestFax, Inc. is directed to preserve during the pendency of this case

the following items:
a. All electronic mail and information about electronic mail (including
message contents, header information and logs of electronic mail
systems usage) sent or received by anyone relating to Defendants;
b. All other electronic mail and information about electronic mail
(including message contents, header information and logs of
electronic mail system usage) containing information regarding
Defendants;
c. All databases (including all records and field structural information
in such databases); containing any reference to and/or information
about Defendants;
d. All logs of activity or any computer system which may have been used
to process or store electronic data containing information about
Defendants;
e. All word processing files and file fragments containing information
about Defendants;

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f. With regard to electronic data created by application programs that
process financial, accounting and billing information, all electronic
files and file fragments containing information about Defendants;
g. All files and file fragments containing information from electronic
calendars and scheduling programs where such data files contained
information about Defendants;
h. All electronic data files and file fragments created or used by
electronic spreadsheet programs where such data files contained
information about Defendants;
i. All other electronic data containing information about Defendants;
and
j. All electronic mail from third party resources (e.g. Hotmail, Yahoo,
Gmail, AOL, etc.) that may contain references or correspondence
regarding Defendants.
DONE and ORDERED in Fort Myers, Florida on this 26th day of February,
2016.

Copies:
Counsel of record

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