Davenport v. State Farm Mut. Auto. Ins. Co. » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

Davenport v. State Farm Mut. Auto. Ins. Co.

Davenport v. State Farm Mut. Auto. Ins. Co.

Case Date: 02/21/2012
Citation: Davenport v. State Farm Mut. Auto. Ins. Co., CASE NO. 3:11-cv-632-J-JBT, 2012 WL 555759 (M.D. Fla. Feb. 21, 2012)
Court Type: Federal District
Court: Middle District of Florida (M.D. Fla.)
Judge: Federal Magistrate Judge: Joel B. Toomey
Rule(s): Rule 26
Issues:

Defendant moved to compel discovery of Plaintiff’s social media photos and devices used to access social media. Plaintiff objected, contending that the requests were not reasonably calculated to lead to the discovery of admissible evidence, and that the requests were overbroad and invaded Plaintiff’s privacy.

Resolution:

The Court granted Defendant’s motion in part, and denied it in part. The Court granted the motion to the extent that it required Plaintiff to produce all photographs depicting her on social media after the date of the accident, since there was no general expectation of privacy in social media posts. The Court denied the motion to the extent that it requested access to Plaintiff’s devices used to access social media, as the request amounted to nothing more than a fishing expedition.

Relevant Documents:

Motion to Compel (Doc. 22)

Response in Opposition to Motion to Compel (Doc. 25)

Order on Motion to Compel (Doc. 30)

E-Discovery Issues: Admissibility, Motion to Compel, Production Request
E-discovery Tags: Possession or Control, Preservation and Collection, Privacy, Relevancy
E-discovery subjects: Cell phone, Computer, Social Media

Published: January 10th, 2018

Category: Uncategorized


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