Plaintiff's threats

[jonnu]

Many thanks again!

 

[quincy]

Many thanks again!

Everyone who responded to your legal concerns in your thread appreciates the thanks, jonnu. I wish we could have offered you greater reassurance that everything is going to be okay. I will still hope that this is the case for you.

 

[jonnu]

Thanks again to everyone.

I finally found an attorney. He is preparing the report. He cited the following rule
RULE 1.380. 4(e) Electronically Stored Information; Sanctions for Failure to Preserve. Absent exceptional circumstances, a court may not impose sanctions under these rules on a party for failing to provide electronically stored information lost as a result of the routine, good faith operation of an electronic information system.

In the past I informed to Plaintiffs, when they sent interrogatories, that I tried my best to keep the information on the machine intact, while performing my (my daughter’s) work on that machine.

Please provide your feedback (this forum is really helping people like me)

 

[quincy]

Thanks again to everyone.

I finally found an attorney. He is preparing the report. He cited the following rule
RULE 1.380. 4(e) Electronically Stored Information; Sanctions for Failure to Preserve. Absent exceptional circumstances, a court may not impose sanctions under these rules on a party for failing to provide electronically stored information lost as a result of the routine, good faith operation of an electronic information system.

In the past I informed to Plaintiffs, when they sent interrogatories, that I tried my best to keep the information on the machine intact, while performing my (my daughter�s) work on that machine.

Please provide your feedback (this forum is really helping people like me)

I am happy to hear you have an attorney to help you. You should rely now on his advice and direction.

He sounds to be off to a good start, as the "routine, good faith operation" of your computer is the defense that is available for you to use against spoliation of computer evidence. I hope it works for you, as the sanctions imposed can otherwise be harsh.

I hope your attorney will be challenging any overly broad search of the computer's contents by the plaintiff, as well, and has or will be checking to make sure that the plaintiff has sufficient evidence of defamation already without having to "fish" for evidence of defamation that might exist on your computer.

It is nice to hear that you have found this forum helpful. Good luck with your case as it goes forward.

 

[tranquility]

I, too, am glad you got an attorney. He is your advocate and he will have all the facts we don't have about how the information is important and how it happened to go missing and the timeline(s) involved.

The key to the rule is "good faith". Such a good faith requirement "should prevent a party from exploiting the routine operation of an information system to thwart discovery obligations by allowing that operation to destroy information that party is required to preserve or produce. In determining good faith, the court may consider any steps taken by the party to comply with court orders, party agreements, or requests to preserve such information."

 

[jonnu]

Thanks to both of you again.
I do appreciate your feedbacks and wishes.

Yes, "freeAdvice" is providing "valuableAdvice".

 

[quincy]

Thank you for the thanks, jonnu. The volunteers on this site always appreciate them.

Please post back to let us know how everything works out for you. We will be interested in any updates you provide.

Again, good luck.