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In Gatto v. United Air Lines, Inc., et al., 2:10-cv-01090 (D. NJ Mar. 25, 2013), the district court entered an order finding that the Defendants would be entitled to an instruction at trial permitting the jury to draw an adverse inference against the Plaintiff for failing to preserve his Facebook account. The relevant facts regarding this issue are straightforward.
Plaintiff sued Defendants for personal injuries that occurred while he was working, claiming he could no longer do certain activities, no longer work, etc. The Defendants requested information from Plaintiff’s social media accounts in discovery (which is standard course these days) and Plaintiff produced quite a bit of the information from accounts other than his Facebook. He did not provide the requested information from his Facebook account.