About

Miami Beach Fontainebleau Can Subpoena Boteach's AI Chats About the Hotel in Defamation Case

Published
Score
17

Why it matters

A federal magistrate judge has ruled that Fontainebleau Florida Hotel, LLC can subpoena four AI service providers for rabbi and media personality Shmuley Boteach's chatbot conversations. The order, entered October 21 by U.S. Magistrate Judge Marty Fulgueira Elfenbein in the Southern District of Florida, covers only conversations dated on or after December 3, 2024, that concern the hotel, its lawyers, or its employees, owners, and representatives. Elfenbein held that the work-product doctrine does not categorically shield Boteach's AI communications, but he sustained his objections to requests covering the litigation itself and the judges, among others. The hotel is pursuing uncapped punitive damages that, by its own estimate, could exceed $20 million. The case is No. 1:25-cv-20251. Court papers name the defendant as Jacob Shmuel Botach, also known as "Shmuley Boteach."

Several points remain open. A separate report identifies Judge K. Michael Moore as presiding, but on October 22, U.S. District Judge Jeffrey T. Kuntz denied Boteach's motion to reconsider two earlier sanctions orders, so the assignment of the case is not settled in the public record. An August magistrate's report found Boteach repeatedly violated a court ban on his social media posts and recommended a default judgment, sanctions, attorney fees, and the striking of his counterclaim and another filing. That report is not final, and the presiding judge has not ruled on it. The discovery order remains subject to further objections and rulings, and Boteach has publicly attacked the subpoena as a privacy threat.

For practitioners, the ruling matters because the case has moved into damages, where the defendant's intent is central. The hotel argues that Boteach's state of mind when he posted controls, and his own words at the time are direct evidence of that state of mind. Watch whether the four providers comply, how the December 3, 2024 start date and the subject-matter limits are applied in practice, and whether Boteach seeks review. Other courts are also deciding how chatbot records fit into discovery, so this order may be cited beyond this case.

Sources

mail Subscribe to Law And Technology email updates

Primary sources. No fluff. Straight to your inbox.

Also on LawSnap