Equal Employment Opportunity Commission v. Simply Storage Management, Inc

270 F.R.D. 430 (2010)

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Nature of the Case

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Facts

P filed a complaint on behalf of two named claimants alleging that D are liable for sexual harassment by a supervisor. P requested a discovery conference because counsel for the parties disagree about the proper scope of discovery as it relates production of documents on Social Network Sites (SNS) information. D wanted all photographs or videos posted by Ps or anyone on her behalf on Facebook or MySpace from April 23, 2007, to the present. D also wanted complete profiles on Facebook and MySpace (including all updates, changes, or modifications to the profiles) and all status updates, messages, wall comments, causes joined, groups joined, activity streams, blog entries, details, blurbs, comments, and applications (including, but not limited to, 'How well do you know me' and the 'Naughty Application') for the period from April 23, 2007 to the present. P objected to production of all SNS content (and to similar deposition questioning) on the grounds that the requests are overbroad, not relevant, unduly burdensome because they improperly infringe on claimants' privacy, and will harass and embarrass the claimants. P does not argue that Facebook and MySpace profiles contain no relevant information. It insists that production should be limited to content that directly addresses or comments on matters alleged in the complaint. D contends that the nature of the injuries Ps have alleged implicates all their social communications.