Court Orders Production of Five Years of Content from Facebook, MySpace for Opposing Counsel’s Review
“In this personal injury and product liability case, the court granted (in part) Defendant’s motion to compel production of the contents of Plaintiff’s Facebook and MySpace accounts from April 2007 through the present and ordered that the contents be uploaded to an external storage device and produced to defense counsel for review and identification of “discoverable” materials… [D]espite recognizing that “litigation does not permit a complete and open public display of Plaintiff’s life,” and that the court must “balance Plaintiff’s personal interests,” the court ordered Plaintiff to upload onto an external storage device, “all information from her Facebook and MySpace accounts from April 27, 2007, to the present” and to provide that information, with an “index of redacted social networking site communications,” to defense counsel to review for discoverable material not previously produced. Upon resolution of any disagreement regarding the discoverability of particular content, the Plaintiff was ordered to provide “formal discovery responses” and defense counsel was ordered to return the external storage device and its contents, without making copies.”