Tradebank In'l Franchising Corp. v. Fla. Barter Exch., LLC
Tradebank In'l Franchising Corp. v. Fla. Barter Exch., LLC
2014 WL 12861362 (N.D. Ga. 2014)
June 26, 2014
Vining, Robert L. Jr., United States District Judge
Summary
The court found that Barter Rewards Inc. had deleted emails from two accounts before or at the time Florida Barter Exchange, LLC's Tradebank franchises were terminated on August 3, 2012. The court adopted the magistrate judge's report and recommendation as an order of the court, finding that the spoliation of ESI was serious enough to warrant sanctions against the defendants.
Additional Decisions
TRADEBANK INTERNATIONAL FRANCHISING CORPORATION and Tradebank International, Inc., Plaintiffs,
v.
FLORIDA BARTER EXCHANGE, LLC, Tait Carson, and Barter Rewards, Inc., Defendants
v.
FLORIDA BARTER EXCHANGE, LLC, Tait Carson, and Barter Rewards, Inc., Defendants
CIVIL ACTION NO. 1:12-CV-2810-RLV
United States District Court, N.D. Georgia, Atlanta Division
Signed June 26, 2014
Counsel
Tradebank International Franchising Corporation, Lawrenceville, GA, pro se.Tradebank International, Inc., Lawrenceville, GA, pro se.
Kenneth A. Rutherford, Pro Hac Vice, Daniel Coker Horton & Bell, Oxford, MS, Hayden R. Pace, Stokes Wagner Hunt Maretz & Terrell, ALC, Atlanta, GA, for Defendants Florida Barter Exchange, LLC, Tait Carson.
Hayden R. Pace, Stokes Wagner Hunt Maretz & Terrell, ALC, Atlanta, GA, Kenneth A. Rutherford, Daniel Coker Horton & Bell, Oxford, MS, for Defendant Barter Rewards, Inc.
Vining, Robert L. Jr., United States District Judge
ORDER
*1 This matter comes before the court on the plaintiff's motion for spoilation sanctions [Doc. No. 132]. Because of the seriousness of the allegations contained in the motion, the court referred this motion to a magistrate judge of this court for a hearing as well as for a report and recommendation.
In a 49-page report and recommendation issued after a hearing and supplemental briefing, Magistrate Judge Justin S. Anand found that someone from defendant Barter Rewards Inc. deleted most of the emails from “tcarson@tradebank.com” and “joliver@tradebank.com” before or at the time Florida Barter Exchange, LLC's Tradebank franchises were terminated on August 3, 2012. Having reached this conclusion, Magistrate Judge Anand carefully tailored sanctions against the defendants for the spoliation of evidence which was found to have occurred. On June 13, 2014, the defendants filed objections to the report and recommendation, wherein the defendants challenged Magistrate Judge Anand's reasoning, conclusions, as well as the sanctions imposed against them.
Because the court can find no legal or factual error in the magistrate judge's May 29, 2014 report and recommendation, the court ADOPTS that report and recommendation as an order of this court. In reaching this conclusion, the court notes that it carefully considered the objections to this report and recommendation filed on June 13, 2014 and concludes that all of the objections to the report and recommendation are without merit. Therefore, the court REJECTS the defendants' June 13, 2014 objections [Doc. No. 174].
SO ORDERED, this 26th day of June, 2014.