12345678910111213141516171819202122232425262728(4)Any pictures of Plaintiff taken during the relevant timeperiod and posted on Plaintiff’s profile or tagged or
otherwise linked to her profile.(Jt. Stip. at 2).
Defendantargues that it is entitled to Plaintiff’s communicationsposted on social networking sites (“SNS”) such as Facebook and LinkedInto test Plaintiff’s claims about her mental and emotional state. (Id.at 1). According to Defendant, Plaintiff testified at her depositionthat she suffers from post traumatic stress disorder, depression andisolation, and has cut herself off from communication with friendsbecause of Defendant’s alleged wrongdoing. (Id.). Defendant arguesthat SNS communications are particularly likely to contain relevantinformation because “in this day and age, many communications betweenfriends and/or about an individual’s emotional state are communicatedvia social media.” (Id.). Defendant states that it has evidencesuggesting that Plaintiff maintains Facebook and LinkedIn accounts and“‘Tagging’ is the process by which a third party posts a picture
and links people in the picture to their profiles so that the picturewill appear in the profiles of the person who ‘tagged’ the people in thepicture, as well as on the profiles of the people who were identified inthe picture.” EEOC v. Simply Storage Mgmt., LLC, 270 F.R.D. 430, 436n.3 (S.D. Ind. 2010).As written, Requests for Production Nos. 46-49 appear to require
production of the entire contents of Plaintiff’s SNS accounts and areoverbroad, as Defendant appears to have recognized. (See Jt. Stip. at4, 15-16, 26 & 37). The instant Motion is limited to a request for anOrder compelling production of only the four categories of documentsdescribed above, which arguably overlap several different requests forproduction as originally written. (See Jt. Stip. at 2, 9). The Courtwill therefore address these four categories instead of the fouroriginal production requests that they supersede.3
Case 2:11-cv-03892-DOC-SS Document 136 Filed 09/07/12 Page 3 of 12 Page ID #:2742