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Crowe v. Marquette Transportation Company Gulf-Inland, LLC

United States District Court, E.D. Louisiana

January 20, 2015

BRANNON CROWE,
v.
MARQUETTE TRANSPORTATION COMPANY GULF-INLAND, LLC

ORDER AND REASONS

MICHAEL B. NORTH, Magistrate Judge.

The Court previously issued a partial ruling on Marquette's Motion to Compel. (Rec. doc. 16). In that Minute Entry (rec. doc. 23), the Court ordered:

Request for Production No. 15: on or before January 16, 2015, Plaintiff is to provide the Court, for purposes of an in camera inspection, those banking records that would reflect any use of his debit card in April of 2014
and
Request for Production No. 30: on or before January 16, 2015, Plaintiff is to provide the Court, for purposes of an in camera inspection, with the Facebook history of any account(s) that he had or has for the time period commencing two (2) weeks prior to the incident in question to the present date.

The submissions described above have been made and the Court has reviewed the materials submitted. Based upon that review, the pleadings and oral argument of counsel, the Court now rules upon the outstanding issues raised in Marquette's Motion.

A. Plaintiffs Banking Records

In its Motion, Marquette sought an order requiring Plaintiff, Brannon Crowe ("Crowe"), to provide certain of his banking records in response to its Request for Production No. 15. The basis for this request was Marquette's desire to determine whether Crowe used his debit card in or near Port Sulphur, Louisiana shortly before his alleged accident, based upon a Facebook message that Marquette alleges Crowe sent a co-worker, in which he allegedly admits to having injured himself while fishing. (Rec. doc. 16-1 at p. 3).

Crowe's counsel has provided the records the Court ordered produced (debit card records for April 2014) and the Court has reviewed them. There is nothing in those records that the Court finds in any way relevant or discoverable. The records do not indicate any usage of the debit card by Crowe in or anywhere near Port Sulphur, as suspected by counsel for Marquette. Accordingly, Marquette's request for production of that information is denied. Crowe's banking records that are the subject of Request No. 15 need not be produced.

B. Plaintiffs Facebook History

In its written discovery requests, Marquette also sought a complete copy of Crowe's Facebook history and went so far as to explain to Crowe and/or his counsel just how to download that history:

REQUEST FOR PRODUCTION NO. 30
An unredacted, unedited digital copy of your entire Facebook page from the onset of your employment with Marquette until present. (This is a simple process specifically provided under the "General Settings" page on Facebook. Just click on ...

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