Court Orders Parties to Preserve Communications Shared on Social Media

In Beye v. Horizon Blue Cross Blue Shield of New Jersey [pdf], No. 06-5337 (D.N.J. 2007),  U.S. Magistrate Judge Patty Shwartz denied the plaintiffs’ motion to reconsider her prior order granting the defendant’s request that the plaintiff produce emails, journals, diaries and communications (collectively “writings”) concerning the plaintiffs’ beneficiaries’ eating disorders and related health conditions. However, Judge Shwartz modified the order to include preservation and production of writings shared with others including entries on websites such as “Facebook” or “MySpace.”