Maria F. Leon Nucci and Henry Leon v. Target Corporation, American Cleaning Contracting, Inc. and First Choice Building Maintenance, Inc.
162 So. 3d 146
| Fla. Dist. Ct. App. | 2015

Background

  • Nucci sues Target for injuries from a 2010 slip-and-fall at a Target store.
  • Target sought access to Nucci’s Facebook photographs two years prior to the incident and current period.
  • The trial court initially denied broad discovery of social media; later narrowed requests were issued.
  • Nucci claimed privacy rights and federal SCA protections precluded disclosure of social media content.
  • The Fourth District denied certiorari, holding the discovery order did not depart from law and was reasonably calculated to lead to admissible evidence.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether certiorari relief was appropriate to quash the Facebook discovery. Nucci argues privacy/SCA blocks discovery; order departs law. Target asserts broad discovery is relevant to damages and pre/post-incident condition. No departure; certiorari denied.
Whether the Stored Communications Act applies to preclude production of social-media content. SCA shields private communications; privacy settings control access. SCA does not preclude civil discovery of party-held content. SCA inapplicable; discovery permitted.

Key Cases Cited

  • Berkeley v. Eisen, 699 So.2d 789 (Fla. 4th DCA 1997) (privacy balancing in civil discovery favors discovery when relevant)
  • Life Care Centers of Am. v. Reese, 948 So.2d 830 (Fla. 5th DCA 2007) (wide discretion in discovery; no carte blanche to irrelevant material)
  • Reid v. Ingerman Smith LLP, 2012 WL 6720752 (E.D.N.Y. 2012) (discovery of social media materials generally not privileged)
  • Root v. Balfour Beatty Construction, LLC, 132 So.3d 867 (Fla. 2d DCA 2014) (social media discovery permissible but not overbroad; must be relevant to claims)
  • Williams v. Oken, 62 So.3d 1129 (Fla. 2011) (three-element certiorari standard; strict for relief)
  • Davenport v. State Farm Mut. Auto. Ins. Co., 2012 WL 555759 (M.D. Fla. 2012) (cited for relevance of social media, though not a reporter)
  • Langston v. Bd. of Trs. of Internal Improvement Trust Fund, 655 So.2d 91 (Fla. 1995) (scope of discovery and relevance)
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