E.D. Michigan holds Riley and Carpenter are irrelevant to discovery requests for social media information.

In this employment discrimination matter, the Defendant sought certain electronically-stored information from Plaintiff which he refused to produce. Defendant then filed a motion to compel which the Magistrate judge granted. The Magistrate specifically found that the discovery sought was relevant to the questions like his alleged disability, his FMLA time, claims for emotional damages, etc.

The District Court decided that the Magistrate’s decision was not clearly erroneous or contrary to law. The Plaintiff’s reliance on Riley and Carpenter were found to be irrelevant to the question of what information is discoverable in civil cases where the plaintiff puts activity at issue.

The case is Robinson v. MGM Grand Detroit, LLC, 2019 U.S. Dist. LEXIS 8320, 2019 WL 244787 (E.D. MI) January 17, 2019.

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