Wegman v. U.S. Specialty Sports Ass'n, Inc.
Wegman v. U.S. Specialty Sports Ass'n, Inc.
Case No. 6:23-cv-1637 (M.D. Fla. 2024)
February 5, 2024

Norway, Robert M.,  United States Magistrate Judge

Failure to Produce
Cost Recovery
Mobile Device
Sanctions
Forensic Examination
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Summary
The Court granted the United States Specialty Sports Association access to the defendant's cellphone and laptop, but not his spouse's cellphone. The defendant has three options to comply with this order, and the Court has set a deadline for him to do so. The Court also stated that the defendant is responsible for all costs associated with using an independent eDiscovery vendor.
Additional Decisions
BRIAN WEGMAN; and THOMAS HORROM, Plaintiffs,
v.
THE UNITED STATES SPECIALTY SPORTS ASSOCIATION, INC.; DONALD DEDONATIS, III; RICHARD FORTUNA; WENDY ANDERSON; COURTNEY CEO; and JACOB HORNBACHER, Defendants
Case No. 6:23-cv-1637-RBD-RMN
United States District Court, M.D. Florida
Filed February 05, 2024
Norway, Robert M., United States Magistrate Judge

ORDER

This cause comes before the Court for consideration on the United States Specialty Sports Association, Inc.’s (“USSSA”) Renewed Motion to Compel and Sanction Defendant DeDonatis (Dkt. 125), filed January 24, 2024; DeDonatis’ Short-Form Response in opposition (Dkt. 130), filed January 31, 2024; and the parties Joint Notice (Dkt. 129), filed January 30, 2024. The Court held an evidentiary hearing on the motion on February 5, 2024, providing USSSA and DeDonatis an opportunity to establish a factual record in support of their positions. Dkts. 132 (joint stipulation of fact), 133 (joint exhibit list), 135 minutes). The Court also afforded USSSA, DeDonatis, and the other parties an opportunity to argue the issues presented by the motion and response. Based on the arguments, the applicable legal standards, the factual findings announced at the hearing, and for the reasons given on the record at the hearing, the Court finds the motion is due to be granted in part and denied in part.

Accordingly, it is ORDERED

1. USSSA’s Renewed Motion to Compel and Sanction Defendant DeDonatis (Dkt. 125) is GRANTED in part and DENIED in part;

2. The Motion is granted to the extent USSSA seeks access to the cellphone possessed and used by DeDonatis and the Laptop. The Motion is denied to the extent USSSA seeks access to the cellphone used by DeDonatis’ spouse;

3. DeDonatis may discharge the obligation imposed by this order by:

a. Serving supplemental responses to USSSA’s first set of interrogatories that provide all necessary credentials and other information, if any, to access the contents of DeDonatis’ cellphone and Laptop;

b. Providing USSSA’s eDiscovery vendor with all necessary credentials and other information, if any, the vendor requires to access the entirety of the contents of DeDonatis’ cellphone and Laptop; or

c. Providing an independent eDiscovery vendor with all necessary credentials and other information, if any, the vendor requires to access the entirety of the contents of DeDonatis’ cellphone and Laptop.

4. If DeDonatis chooses to discharge the obligation imposed in this order by providing the necessary credentials and other information to an independent eDiscovery vendor:

a. USSSA and DeDonatis must agree upon the selection of the vendor. The vendor shall not have a past or ongoing relationship with any party or any party’s counsel;

b. The vendor shall create two forensically sound images of the cellphone and Laptop. The vendor shall maintain one image for the device throughout the length of this case, including all appeals. The vendor shall provide one image of each device to USSSA or its agents;

c. The vendor shall produce to USSSA or its agents the contents of the cellphone and Laptop in the format(s) requested by USSSA. The vendor shall maintain copies of all productions it produces to USSSA or its agents throughout the length of this case, including all appeals. The vendor shall also maintain custody of the devices in a forensically sound manner throughout the length of this case;

d. The vendor is prohibiting from producing the images of the cellphone and Laptop and their contents to any individual or entity beside USSSA—including DeDonatis—and its agents, except the vendor may communicate with and disclose information to DeDonatis if such communication or disclosure is necessary to access files located on the cellphone and Laptop; and

e. DeDonatis is solely responsible for all costs associated with using the vendor, including but not limited to costs associated with imaging the devices, extracting their contents, producing the contents, maintaining copies of the images and productions, and transferring the devices to the vendor in a forensically sound manner.

5. The following deadlines apply.

a. DeDonatis shall serve his supplemental responses or notify USSSA that he intends to provide his credentials and other information to that organization’ eDiscovery vendor or an independent eDiscovery vendor no later than 1:00 p.m. on February 9, 2024; and

b. If DeDonatis chooses to proceed using an independent eDiscovery vendor, he must offer a proposed vendor in his notice. USSSA and DeDonatis shall agree on an independent eDiscovery vendor no later than 1:00 p.m. on February 13, 2024.

6. Although the Court declines to award fees or costs pursuant to Rule 37, nothing in this order or the Court’s ruling prevents or prohibits USSSA from pursuing reimbursement for its costs under its contracts with DeDonatis or any other legal authority. 

DONE and ORDERED in Orlando, Florida, on February 5, 2024