Court Compels Plaintiff to Provide Social Media Account and Activity Data

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.


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.

Case Background

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.

Business as Unusual? Eighteen Observations on eDiscovery Business Confidence in the Summer of 2020

The results of the recent Summer 2020 eDiscovery Business Confidence Survey present the unfortunate and continuing impact of COVID-19 on the business of eDiscovery. However, for these pandemic-driven results to be fully understood, they should be viewed through the contextual lens of the results of all nineteen surveys that have been administered to eDiscovery professionals since the inception of the eDiscovery Business Confidence Survey in early 2016.



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