3:15-cv-00712
M.D. La.Dec 27, 2016Background
- Plaintiff Madeline Scott sued under the Federal Tort Claims Act after a June 6, 2014 auto accident involving a USPS employee, alleging serious and disabling physical injuries and seeking damages including future medical procedures.
- Defendant (United States) served interrogatories and document requests on May 4–5, 2016, including requests about Plaintiff’s social media accounts and vacations since the accident; Plaintiff’s responses were not received by Defendant until July 14, 2016.
- Plaintiff objected to social-media and activity-related requests as immaterial and overbroad; she later waived opposition to the vacation request and agreed to supplement that response.
- Defendant sought production of (1) identification of social media accounts used since June 6, 2014 and (2) social-media postings related to physical/athletic activities since that date, attaching Facebook photos showing Plaintiff skiing.
- The Magistrate Judge found Plaintiff’s late, boilerplate objections waived but concluded Defendant’s requests were overbroad and limited their scope; the court ordered Plaintiff to supplement responses within 14 days and to download historical social-media data as needed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness / waiver of objections | Plaintiff did not timely assert specific objections; argued requests overbroad | Defendant: Plaintiff waived objections by late responses; therefore must produce | Court: Plaintiff waived objections by failing to timely and specifically object |
| Relevance of social-media content | Social-media portfolio is overly broad and contains much irrelevant information | Social-media posts are relevant to claimed physical injuries and damages | Court: Social-media content is discoverable where relevant; requests are relevant |
| Scope/Overbreadth of requests | Requests for "all" social-media photos/activities too broad and vague | Requests are appropriately tailored to physical/athletic activity since accident; clarified examples | Court: Limit requests — identify accounts and usernames used since 6/6/2014 and produce posts since 6/6/2014 that (a) refer/relate to alleged injuries/treatment or (b) show physical capabilities inconsistent with claimed injuries |
| Production procedure / completeness | Concern about burden and privacy; requested narrower production | Defendant: Plaintiff should download historical account data and produce responsive items | Court: Plaintiff must download/review historical data where possible, describe steps taken if not possible, and supplement within 14 days |
Key Cases Cited
- In re United States, 864 F.2d 1153 (5th Cir. 1989) (untimely discovery objections are generally waived)
- McLeod, Alexander, Powel & Apffel, P.C. v. Quarles, 894 F.2d 1482 (5th Cir. 1990) (conclusory boilerplate objections are insufficient to resist discovery)
- Coughlin v. Lee, 946 F.2d 1152 (5th Cir. 1991) (broad construction of relevance for discovery purposes)