NOTICE OF MOTION TO COMPEL PRODUCTIONS OF DOCUMENTS

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SID: 1843183

Froto Baggins Esq. (SBN 232978)

Froto_BagginsESQ@gmail.com

Middle Earth Associates, LLP

5 Rose Avenue Ste. 52

Venice, CA 90291

(310) 988-9000

Attorneys for Defendant

Michael Carlsen

IN THE UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

____________________________________ LINDSEY YOUNG, an individual

Plaintiff,

vs. MICHAEL CARLSEN , an individual

Defendant.

Case No. BC 8595478 Honorable Judge: Gandalf Mithrandir MOTION TO COMPEL FIRST SET OF PRODUCTION OF DOCUMENTS CONTAINING PHOTOS FROM PLANTIFF’S FACEBOOK AND TWITTER ACCOUNTS Date: January 26, 2017 Time: 9:30 am Dept: D422

MEMORANDUM OF POINTS AND AUTHORITIES IN

SUPPORT OF MOTION TO COMPELPRODUCTION OF

DOCUMENTS CONTAINING PHOTOS OF PLAINTIFF’S

FACEBOOK AND TWITTER ACCOUNTS

Michael Carlsen submits this memo in support of obtaining Lindsey

Young’s photos from her facebook and twitter accounts. The defendant shows that

the photos of the plaintiff are both material and necessary, and with a reasonable

NOTICE OF MOTION TO COMPEL PRODUCTIONS OF DOCUMENTS

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expectation to prove the plaintiff’s allegations are a stretch from the truth. Hence,

when Young went on to the sites, she had no expectation of privacy which is cited

in both Romano v. Steelcase Inc. 907 N.Y. S2d 650 and McMillen v. Hummingbird

113-2010 CD (PA. Ct. of Common Pleas).

STATEMENT OF FACTS

Lindsey Young, the plaintiff, sued the defendant, Michael Carlson one year

ago for damages arising out of a car accident that the defendant was at fault. As a

result from the accident, the plaintiff alleges a great deal of pain and suffering,

which also caused the plaintiff to miss nine months of work. In recent events from

a testimony from the plaintiff’s friend, we are asking for her to produce pictures

from both her facebook and twitter account that will provide facts contradictory to

her claims against the defendant. The plaintiff now contends that we are violating

her right to privacy as provided in the 4th

Amendment of the Constitution as well as

asking for these photos results in a matter that constitutes a fishing expedition .

PRODUCING THE REQUESTED DOCUMENTS WILL NOT

VIOLATE PLAINTIFF’S 4TH

AMENDMENT RIGHTS TO

PRIVACY

Plaintiff objects to producing the requested documents as a violation of her

4th

Amendment rights. In order to have a right to privacy over certain materials,

plaintiff must be aware that going on to these sites that there is a reasonable

expectation that her public photos are viewed by anyone to see result in no right to

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privacy exists. In a similar case, the plaintiff was asked to provide information

sought by the plaintiff’s social networking media accounts. The Supreme Court in

Suffolk County, NY held that in Romano v. Steelcase Inc. 907 N.Y. S2d 650 (2010)

“private information sought from the plaintiff’s social networking website accounts

was material and necessary for the defendant’s defense.”

In Romano the “plaintiff did not have reasonable expectation of privacy in

information she published on social networking websites; and defendant’s need to

access to plaintiff’s private information on social networking websites outweighed

any privacy concerns voiced by the plaintiff.” The ruling of the court also

discussed that when an individual signs up for a particular social media site, they

are fully aware of the consent given towards privacy as it is viewed and shared by

others in the public. The issues in the court’s ruling are more focused on what is

“material and necessary.”

In a recent testimony by John Weatherbee, a colleague and friend of the

plaintiff, testified that he has viewed the plaintiff hiking in Europe, dancing, and

riding a motorcycle during the nine months of the plaintiff’s painful accident. As

in Romano, this information contradicts the plaintiff’s allegations toward s the

defendant. Because Young posted this information on a social media site,

producing it will not have violated her right to privacy. The court should order her

to do so.

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DEFENDANT’S REQUESTS FOR SOCIAL MEDIA ARE NOT

A FISHING EXPEDITION

The Plaintiff claims that by asking for these photos result in a fishing

expedition. In McMillen v. Hummingbird Speedway, Inc. 113-2010 CD (PA. Ct. of

Common Pleas) the courts rejected claims on social media are privileged or that

their disclosure would violate the right to privacy. In McMillen, the courts ruled

that “parties may obtain discovery regarding any nonprivileged matter that is

relevant to any party’s claim or defense, and that the purposes of discovery,

‘relevant evidence” need not be admissible at the trial if the discovery appears

reasonably calculated to lead to the discovery of admissible evidence.” In both

Romano & McMillen, the plaintiff’s alleged injuries showed contrary to what was

posted on their social media accounts.

The same facts are relevant to Lindsey Young’s allegations of suffering –

great pain and injury, yet Ms. Young had the courage and will to hike mountains in

Europe, ride motorcycles and go dancing. Furthermore in Romano, the court ruled

that when dealing with information sought from internet sites limited to nine

months & only those that contradict the plaintiff’s claims, “the plaintiffs who place

their physical condition in controversy, may not shield from disclosure material

which is necessary to the defense of the action. Nor may Young shield her

physical condition from discovery. The court should order her to produce these

docs.

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CONCLUSION

In given this recent discovery and showing the relevant cases with very similar

facts presented, the courts should grant us the photos that were described in a

recent deposition of Mr. John Weatherbee of Ms. Lindsey Young . The plaintiff

has argued that requesting these photos violates her 4th

Amendment rights to

privacy and a result of a fishing expedition. The court rulings in both Romano and

McMillen state otherwise. The plaintiff’s rights were not violated and the materials

she posted onto a public social networking site showed relevant and necessary

material to falsify her allegations towards the defendant.

THE LAW OFFICES OF MIDDLE EARTH ASSOCIATES, LLP

By:

___________________________________

FROTO BAGGINS

Attorneys for Defendant

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