Adelman et al v. Boy Scouts of America et al

Filing 213

Unopposed MOTION Regarding Download of Crompton's Cell Phone by Howard Adelman, Judith Sclawy-Adelman. (Attachments: # 1 Text of Proposed Order)(Peltz, Robert)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
CASE NO. 10-CV-22236-ASG/GOODMAN
HOWARD ADELMAN AND JUDITH SCLAWY
as Co-Personal Representatives of the
ESTATE OF MICHAEL SCLAWY-ADELMAN,
Plaintiffs,
v.
BOY SCOUTS OF AMERICA;
THE SOUTH FLORIDA COUNCIL INC.,
BOY SCOUTS OF AMERICA; PLANTATION
UNITED METHODIST CHURCH; HOWARD
K. CROMPTON, Individually, and
ANDREW L. SCHMIDT, Individually,
Defendants.
/

UNOPPOSED MOTION REGARDING DOWNLOAD OF CROMPTON’S CELL PHONE
COME NOW, the Parties, and file their Joint Motion Regarding the Download of the
Defendant Crompton’s Cell Phone and would respectfully show the Court as follows:
1.

On January 28, 2011, Magistrate Judge McAliley entered an order directing both the

Plaintiffs and the Defendants to produce their cell phones for inspection by the same expert no later
than February 22, 2011. [D.E. 118]. As reflected by the Court’s order, the purpose of the inspection
was to allow the expert to “retrieve any data from May 8, 2009 and May 9, 2009 and produce a
report that identifies all data for those two days found on the telephone, and shall distribute his
report to counsel for each party.”

2.

Although counsel for the Defendant Crompton transmitted his phone to the expert,

Conrad Carter, Mr. Carter subsequently advised the parties that he could not guarantee the ability
to safely download the information contained in the cell phone without its password. The Defendant
Crompton thereafter filed various papers with the Court indicating that the Defendant did not have
the password to the phone, which was owned by his employer, and had been used by other
employees. As a result, no further action has been taken by Mr. Carter regarding the Court ordered
download.
3.

At a conference conducted on Tuesday, May 24, 2011, counsel for the parties agreed

that Mr. Carter should use his best efforts to safely download the data pursuant to Judge McAliley’s
order of February 22, 2011 [D.E. 118], with the understanding that without the password, some or
all of the data may be lost. Under the circumstances, the Parties jointly agreed that there was no
other option but for Mr. Carter to proceed forward as best as he could without the password.
4.

Accordingly, the Plaintiffs file this unopposed motion for the entry of an order

directing Mr. Carter to complete the download of the Defendant Crompton’s cell phone as originally
directed by Judge McAliley. A copy of a proposed order is attached hereto.
Dated: May 27, 2011.
Respectfully submitted,

/s/ Robert D. Peltz
ROBERT D. PELTZ (Fla. Bar No. 220418)
E-mail: [e-mail]
LEESFIELD & PARTNERS, P.A.
2350 S. Dixie Highway
Miami, Florida 33133
Telephone: [phone]
Facsimile:
[phone]
Counsel for Plaintiffs

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on May 27, 2011, I electronically filed the foregoing document
with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being
served this day on all counsel of record identified on the attached Service List in the manner
specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some
other authorized manner for those counsel or parties who are not authorized to receive electronically
Notices of Electronic Filing.

/s/ Robert D. Peltz
ROBERT D. PELTZ

SERVICE LIST
IRA H. LEESFIELD
ROBERT D. PELTZ
E-mail: [e-mail]
[e-mail]
LEESFIELD & PARTNERS, P.A.
2350 S. Dixie Highway
Miami, Florida 33133
Telephone: [phone]
Facsimile: 305-854-8266
Attorneys for the Plaintiffs
FREDERICK E. HASTY, III
Email:
[e-mail]
WICKER, SMITH, O’HARA, MCCOY, GRAHAM
& FORD, P.A.
2800 Ponce de Leon Blvd.
Suite 800
Coral Gables, Florida 33134
Telephone: [phone]
Facsimile: 305-441-1745
Attorneys for Howard K. Crompton and
Andrew L. Schmidt
UBALDO J. PEREZ, JR., ESQ.
Email: [e-mail]
Law Office of Ubaldo J. Perez, Jr., P.A.
8181 NW 154th Street, Suite 210
Miami Lakes, FL 33016
Telephone: [phone]
Facsimile: [phone]
Co-Counsel for Howard K. Crompton

WILLIAM S. REESE
WILLIAM SUMMERS
KEVIN D. FRANZ
Email: [e-mail]
[e-mail]
[e-mail]
LANE, REESE, SUMMERS, ENNIS &
PERDOMO, P.A.
2600 Douglas Road
Douglas Centre, Suite 304
Coral Gables, Florida 33134
Telephone: [phone]
Facsimile: 305-444-5504
Attorneys for Boys Scouts of America and
The South Florida Council, Inc.; Boy Scouts
of America
GREG M. GAEBE
Email: [e-mail]
GAEBE, MULLEN, ANTONELLI & DIMATTEO
420 South Dixie Highway, 3rd Floor
Coral Gables, FL 33146
305-667-0223
305-284-9844 – Fax
Attorneys for Plantation United Methodist
Church