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what the Ledbetter defendant did when its subpoenas to three social networking websites failed.8


It requested the court to


order plaintiffs to sign an authorization allowing the third- party sites to release the requested information. Despite arguing that the proper course of action was to attempt to force the third-party sites to provide the information, and arguing that the authorizations contained waivers of liability that plaintiffs were not comfortable signing, the court ordered plaintiffs to execute the consents so that defendant could obtain the information. A different result in Mackelprang favored the plaintiff.


Tere, plaintiff sued her employer for sexual harassment.9 Te defendant filed a motion to compel plaintiff to execute consent forms to obtain e-mail communications from two MySpace accounts allegedly set up by Plaintiff.10


Te court


agreed that “Defendant is engaging in a fishing expedition since, at this time, it has nothing more than suspicion or speculation as to what information might be contained in the private messages.”11


8 See Ledbetter v. Wal-Mart Stores, Inc., et al., n.14, infra. 9 See n.7, supra. 10 Id. at *4. 11 Id. at *7.


50 Trial Reporter / Winter 2010


and determined that intrusion into Plaintiff ’s privacy did not warrant wholesale production of messages where there was no indication of relevance, and no indication that the messages contained sexually related communications between plaintiff and co-employees.12


Subpoenas to Hosts of Social Networking Site Defendants’ subpoenas directly to the social networking


companies will oftentimes be unsuccessful because the site administrators fiercely object to providing this information. In Ledbetter v. Wal-Mart Stores, Inc., et al., the U.S. District Court for the District of Colorado denied plaintiffs’ motion for protective order from defendant’s subpoenas of Facebook, MySpace, and Meetup.com.13


Tere, plaintiffs filed a suit


alleging permanent physical and psychological treatment. While the parties were battling over the plaintiffs’ motion for protective order, some of the social networking administrators refused to play ball.14


Tough the Court went so far as to Te court examined the relevance and discoverability of evidence in sexual harassment lawsuits,


12 Id. at *19. 13 Order Denying Plaintiff ’s Motion for Protective Order, docket entry 179, Ledbetter v. Wal-Mart Stores, Inc., et al., No. 1:06-cv-01958-WYD-MJW, (D. Colo. Apr. 21, 2009).


14 Id. Te court denied the motion for protective order, opining that plaintiffs’ privacy rights were sufficiently protected by an earlier stipulated confidential order that precluded public dissemination of private information.


conclude that “the information sought within the four corners


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