United States District Court, D. Hawaii
ENVY HAWAII LLC doing business as Volvo Cars Honolulu, Plaintiff,
VOLVO CAR USA LLC, Defendant. VOLVO CAR USA LLC, Counter-Claimant,
ENVY HAWAII LLC doing business as Volvo Cars Honolulu; MIKHAIL FEDOTOV, Counter-Defendants.
ORDER DENYING DEFENDANT VOLVO CAR USA LLC'S
MOTION FOR SPOLIATION SANCTIONS (ECF NO. 116)
GILLMOR, UNITED STATES DISTRICT JUDGE
case involves contract disputes and claims of improper
business practices between a local automobile dealership and
the national distributor of Volvo automobiles.
Hawaii LLC, doing business as Volvo Cars Honolulu, was
established in December 2012. Envy Hawaii LLC purchased the
rights to operate the sole Volvo franchise in Hawaii.
Hawaii LLC contracted with Volvo Car USA LLC to operate its
franchise. Volvo Car USA LLC is located in New Jersey and is
the exclusive importer and wholesaler of Volvo automobiles in
the United States.
2015, Mikhail Fedotov became the sole owner and manager of
Envy Hawaii LLC.
January 2017, Envy Hawaii LLC filed suit against Volvo Car
USA LLC. Envy Hawaii LLC's First Amended Complaint
alleges eight causes of action, including claims that Volvo
Car USA LLC violated the Automobile Dealers' Day in Court
Act, 15 U.S.C. § 1221 et seq., the Robinson-Patman Act,
15 U.S.C. § 13(a), and several Hawaii state statutes.
Car USA LLC has filed counterclaims against both Envy Hawaii
LLC and its owner Mikhail Fedotov. The Second Amended
Counterclaim contains eleven causes of action including
claims for fraud, misrepresentation, breach of contract,
unlawful recording, cybersquatting, and unjust enrichment.
Parties have engaged in two years of litigation, produced
discovery, and conducted depositions.
Car USA LLC has now filed a Motion for Spoliation Sanctions.
Volvo Car USA LLC claims that Envy Hawaii LLC and Mikhail
Fedotov failed to preserve certain electronically stored
information in violation of Federal Rule of Civil Procedure
37(e). Specifically, Volvo Car USA LLC claims Fedotov did not
preserve Google e-mail accounts and electronic dealer
management system records.
Hawaii LLC and Mikhail Fedotov claim no spoliation has
occurred because any relevant records are available from
third-parties and sanctions are not appropriate.
Volvo Car USA LLC's MOTION FOR SPOLIATION SANCTIONS (ECF
No. 116) is DENIED.
January 16, 2019, Defendant filed DEFENDANT'S MOTION FOR
SPOLIATION SANCTIONS. (ECF No. 116).
February 1, 2019, Plaintiff/Counterclaim Defendants filed
ENVY HAWAII LLC AND MIKHAIL FEDOTOV'S MEMORANDUM IN
OPPOSITION TO DEFENDANT VOLVO CAR USA LLC'S MOTION FOR
SPOLIATION SANCTIONS. (ECF No. 127).
February 15, 2019, Defendant filed DEFENDANT'S REPLY IN
SUPPORT OF MOTION FOR ...