On a discovery motion in a personal injury action arising from a trip and fall, the defendant sought extensive electronic, social media, gambling, border, banking, and financing records to test the plaintiff's alleged disability and credibility.
The court held that private Facebook content, device hard drives, electronic documents, internet history, and metadata were not producible on the record because the requests were speculative, insufficiently probative, and engaged substantial privacy interests.
The court nevertheless ordered production of casino card records, United States border entry records, and the plaintiff's portion of a vehicle loan application and purchase agreement, finding those records relevant in the discovery context and proportionate.
Joint bank records and the spouse's border records were refused, and the plaintiff was ordered to re-attend discovery on the produced documentation.
