Extract from article by Doug Austin
In Waters v. Union Pacific Railroad Co., No. 15-1287-EFM-KGG (D. Kan. June 21, 2016), Kansas Magistrate Judge Kenneth G. Gale granted the defendant’s motion to compel the plaintiff to produce account information associated with his social media accounts as well as postings from the dates he missed work in conjunction with his injury claims against the defendant. Judge Gale also granted most of the components of the plaintiff’s motion to compel against the defendant for various discovery requests.
In this personal injury case against the plaintiff’s former employer, both parties filed motions to compel against the other. The defendant asked for the plaintiff to list the names/account names “associated with [his] Facebook and Twitter accounts” and also initially asked for a broad category of information relating to the plaintiff’s social media presence. After the plaintiff objected, the parties conferred and the defendant limited the scope of its requests to “all social network postings, messages, and photographs that he sent or received” on the work dates he claims he missed as a result of his injuries. The plaintiff argued that the defendant’s requests for social media data were overly broad, irrelevant, and not proportional to needs of the case.