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Silva v. ***'s Sporting Goods, Inc. - No. 3:14cv580 (WWE)(WIG), 2015 U.S. Dist. LEXIS 33913 (D. Conn. Mar. 19, 2015)


Rule 26(b)(1) of the Federal Rules of Civil Procedure outlines the scope of discovery. Under the Rule, discovery encompasses any non-privileged matter relevant to the subject of the case, or which appears reasonably calculated to lead to the discovery of admissible evidence.


Plaintiff Silvan brought this case under the Family Medical Leave Act. Defendant ***'s Sporting Goods, Inc. moved to compel plaintiff Silva to produce a non-redacted complete copy of Plaintiff's 2,254 pages of Facebook messages. Plaintiff objected to the requests as overly broad, unduly burdensome, and outside the scope of this matter. Defendant argued that the redactions made it difficult to understand the context of the messages and asked the court to order plaintiff to produce a non-redacted copy of all of plaintiff's Facebook. Plaintiff responded that all relevant Facebook messages have been produced and that redactions were limited to content that was not relevant and not related to the defendant, plaintiff's employment with the defendant, or the allegations in the complaint.


Is there sufficient ground to grant an employer's motion to compel plaintiff’s production of a non-redacted complete copy of 2,254 pages of Facebook messages?




The Court denied defendant’s motion to compel. The court held that it saw no reason to believe, contrary to defendant's assertions, that redactions made mid-sentence, or heavy redactions on certain pages, were an effort on plaintiff's part to flout discovery rules.

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