Adelman et al v. Boy Scouts of America et al

Filing 196

DISCOVERY ORDER re 177 MOTION to Compel Production of Michael Sclawy-Adelman's Text Messages. Signed by Magistrate Judge Jonathan Goodman on 5/2/2011. (Attachments: # 1 Exhibit Cover Letter) (eg)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 10-22236-CIV-GOLD/GOODMAN

HOWARD ADELMAN and
JUDITY SCLAWY, as
Co-Personal Representatives of THE
ESTATE OF MICHAEL SCLAWY-ADELMEN,

Plaintiffs,
vs.
BOY SCOUTS OF AMERICA, et al
Defendants.
___________________________________/

ORDER CONCERNING TEXT MESSAGES ON
MICHAEL SCLAWY-ADELMAN’S CELLULAR TELPHONE
This Cause is before the Court in connection with Defendants’ Motion to Compel
Production of Text Messages (DE# 177).
In an earlier Order (DE# 189), the Court directed Carter Conrad, Jr., the
individual who analyzed the cell phone, to download and print out the 188 text messages
at issue and to file them under seal with the Clerk of the Court. The Court directed Mr.
Conrad to do this in order for the Court to conduct an in camera review of the text
messages and to determine whether any of the text messages are relevant and
discoverable.
Mr. Conrad submitted the printout of the text messages, but did not do so under
seal. Instead, he mailed a cover letter and the text messages to the Court in a “sealed”
envelope entitled “Alert Security Bag,” with the following description of the “Evidence”:
“Honorable Jonathon [sic] Goodman, Adelman v BSA, Chain of Custody … Received
from Delivered Data LLC.”
The Court has reviewed the text messages submitted by Delivered Data and
concludes that the text messages are neither relevant nor discoverable.

The cover letter is attached to this order as an exhibit and the Clerk of the Court
and will also arrange for the printout of the text messages to be filed under seal.
DONE AND ORDERED in Chambers, at Miami, Florida, this 2nd day of May,
2011.

Copies furnished to:
Hon. Alan S. Gold
Counsel of Record

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