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Filing # 114213086 E-Filed 09/30/2020 03:33:56 PM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CIVIL DIVISION
LUERETTA SMITH,
Plaintiff, CASE NO. CACE-19-021319 (13)
VS.
WINN-DIXIE STORES, INC.,
Defendant.
/
THIRD REQUEST FOR PRODUCTION TO PLAINTIFF
Defendant, WINN-DIXIE STORES, INC., by and through undersigned counsel, requests
the Plaintiff, LUERETTA SMITH, pursuant to applicable Florida Rules of Civil Procedure, to
produce for inspection and/or copying at the offices of the undersigned, the following:
1. All Electronic Communications Service Provider content from Facebook
downloaded in compliance with the “download a copy” instructions attached to this Request.
This includes but is not limited to production of all photographs, postings, videos, notes, profile
information, wall posts, friend lists, sent and received messages, and any comments that you
and/or your friends made on your wall post, photographs and other profile content.
Note: Plaintiff is on notice that all Facebook content must be preserved and
secured without deletion, destruction or alteration until after the time of
download to a Flash drive. Plaintiff is on notice that the deletion, destruction or
alteration of any Facebook content can be considered destruction of discoverable
evidence. The deletion, destruction or alteration of Facebook content may
subject Plaintiff to discovery sanctions, adverse inferences/presumptions at trial,
and/or complete dismissal of Plaintiff's lawsuit.
Note: The document attached to this Request for Production was created by the
“Facebook Help Center.” It provides instructions on how to download Facebook
content. Please download all Facebook content onto a flash drive which Plaintiff
will then produce to Defendant in response to this discovery request. Defendant
agrees to pay for the reasonable cost a 32 GB USB flash drive to accomplish this
1025563\306707724.v1
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/30/2020 03:33:55 PM.****CASE NO. CACE-19-021319 (13)
download. A copy of the flash drive receipt can be furnished to Defendant when
the flash drive is produced with Facebook content.
2. Electronic copies of Plaintiff's complete profile on any and all other social
networking sites or all Electronic Communications Service Provider content (including but not
limited to Twitter, MySpace, Tumbler, Instagram, LinkedIn, Google+, Four Square, Flicker,
Pinterest, Filmow, FilmAfinity, Flixster), including all updates, changes, or modifications to
Plaintiff's profile and any and all status updates, messages, wall comments, causes joined,
groups joined, activity streams, blog entries, detailed blurbs, comments and applications for the
period from the date of the incident to the present. To the extent electronic copies are not
available, please provide documents in hard copy form.
3. For each social networking account listed in response to the interrogatories, please
provide copies or screenshots of all photographs associated with that account during the two (2)
years prior to the date of loss.
4. For each social networking account listed in the interrogatories, provide copies or
screenshots of all photographs associated with that account from the date of loss to present.
5. For each cell phone listed in the interrogatories, please provide copies or
screenshots of all photographs associated with that account during the two years prior to the date
of loss.
6. For each cellular phone listed in response to the interrogatories, please provide
copies or screenshots of all photographs associated with that account from the date of loss to
present.
7. For each cellular phone listed in the interrogatories, please provide copies of any
documentation outlining what calls were made or received on the date of loss.
1025563\306707724.v1CASE NO. CACE-19-021319 (13)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 30th day of September, 2020, a true and correct copy
of the foregoing was filed and served via Florida Courts eFiling Portal to the following counsel
of record: Justin Morgan, Esq., 2500 Weston Rd., #211, Weston, FL 33331;
pleadings@justinmorganlaw.com.
HINSHAW & CULBERTSON LLP
/s/ Paul J.Gamm
Paul J. Gamm
Florida Bar No. 0577146
One East Broward Blvd., Suite 1010
Ft. Lauderdale, FL 33301
Telephone: 954-467-7900
Primary: pgamm@hinshawlaw.com
Secondary: kcardenas@hinshawlaw.com
Attorneys for Defendant WINN-DIXIE
1025563\306707724.v18/5/2020
How do | download a copy of my information on Facebook? | Facebook Help Center | Facebook
‘We're working to update facebook.com and the Help Center. If you don't see instructions for the version you're using, learn how to switch versions or report a
problem.
Login and Password
Your Profile and Settings
Names on Facebook
Keeping Your Account Secure
Notifications
Ad Preferences
Accessing & Downloading
Your Information
Deactivating or Deleting Your
Account
CoC
How do | download a copy of my information on
Facebook?
Computer Help Mobile Help » Share Article
Over the next few months, we're updating how www.facebook.com looks. Learn more about
how to switch between New and Classic Facebook. Click below to go to the directions for
the version you're using.
+ New Facebook
* Classic Facebook
If you want to download a copy of your information from Facebook, you can use the Download
Your Information tool.
To download a copy of your Facebook data:
New Facebook
1.Click + inthe top right of Facebook.
2. Select Settings & Privacy > Settings.
3. In the left column, click Your Facebook Information.
4. Next to Download Your Information, click View.
5
. To add or remove categories of data from your request, click the boxes on the right
side of Facebook.
2
Select other options, including:
« The format of your download request.
« The quality of photos, videos and other media.
« A specific date range of information. If you don't select a date range, you'll
request all the information for the categories you've selected.
7. Click Create File to confirm the download request.
Classic Facebook
1. Click H in the top right of Facebook, then click Settings.
2. In the left column, click Your Facebook Information.
https://www.facebook.com/help/212802592074644?helpref=search&sr=2&query=how do i download my information &search_session_id=6a149474b8... 1/38/5/2020 How do | download a copy of my information on Facebook? | Facebook Help Center | Facebook
3. Next to Download Your Information, click View.
4. To add or remove categories of data from your request, click the boxes on the right
side of Facebook.
5. Select other options, including:
= The format of your download request.
« The quality of photos, videos and other media.
« A specific date range of information. If you don't select a date range, you'll
request all the information for the categories you've selected.
6. Click Create File to confirm the download request.
After you've made a download request, it will appear as Pending in the Available Files section of
the Download Your Information tool. It may take several days for us to finish preparing your
download request.
Once we've finished preparing your download request, we'll send a notification letting you know
it's ready.
To download a copy of data you requested:
1. Go to the Available Files section of the Download Your Information tool.
2. Click Download and enter your password.
You can also click Show more to view information about your download request, such as the
format and when it will expire.
Note: You can always view your Privacy Shortcuts to learn about the ways you can control your
data and privacy on Facebook. If you want to review recent activity on your Facebook account or
want to review your Facebook account information, you can use the Access Your Information tool.
Can | pick and choose which information | would like to download?
What's the difference between an HTML or JSON copy of my data?
What security measures are in place to make sure someone else doesn’t download a copy
of my information?
I don't have an active Facebook account. How can I request my personal data stored by
Facebook?
Was this information helpful?
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Filing # 114213086 E-Filed 09/30/2020 03:33:56 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION LUERETTA SMITH, Plaintiff, CASE NO. CACE-19-021319 (13) VS. WINN-DIXIE STORES, INC., Defendant. / THIRD REQUEST FOR PRODUCTION TO PLAINTIFF Defendant, WINN-DIXIE STORES, INC., by and through undersigned counsel, requests the Plaintiff, LUERETTA SMITH, pursuant to applicable Florida Rules of Civil Procedure, to produce for inspection and/or copying at the offices of the undersigned, the following: 1. All Electronic Communications Service Provider content from Facebook downloaded in compliance with the “download a copy” instructions attached to this Request. This includes but is not limited to production of all photographs, postings, videos, notes, profile information, wall posts, friend lists, sent and received messages, and any comments that you and/or your friends made on your wall post, photographs and other profile content. Note: Plaintiff is on notice that all Facebook content must be preserved and secured without deletion, destruction or alteration until after the time of download to a Flash drive. Plaintiff is on notice that the deletion, destruction or alteration of any Facebook content can be considered destruction of discoverable evidence. The deletion, destruction or alteration of Facebook content may subject Plaintiff to discovery sanctions, adverse inferences/presumptions at trial, and/or complete dismissal of Plaintiff's lawsuit. Note: The document attached to this Request for Production was created by the “Facebook Help Center.” It provides instructions on how to download Facebook content. Please download all Facebook content onto a flash drive which Plaintiff will then produce to Defendant in response to this discovery request. Defendant agrees to pay for the reasonable cost a 32 GB USB flash drive to accomplish this 1025563\306707724.v1 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/30/2020 03:33:55 PM.****CASE NO. CACE-19-021319 (13) download. A copy of the flash drive receipt can be furnished to Defendant when the flash drive is produced with Facebook content. 2. Electronic copies of Plaintiff's complete profile on any and all other social networking sites or all Electronic Communications Service Provider content (including but not limited to Twitter, MySpace, Tumbler, Instagram, LinkedIn, Google+, Four Square, Flicker, Pinterest, Filmow, FilmAfinity, Flixster), including all updates, changes, or modifications to Plaintiff's profile and any and all status updates, messages, wall comments, causes joined, groups joined, activity streams, blog entries, detailed blurbs, comments and applications for the period from the date of the incident to the present. To the extent electronic copies are not available, please provide documents in hard copy form. 3. For each social networking account listed in response to the interrogatories, please provide copies or screenshots of all photographs associated with that account during the two (2) years prior to the date of loss. 4. For each social networking account listed in the interrogatories, provide copies or screenshots of all photographs associated with that account from the date of loss to present. 5. For each cell phone listed in the interrogatories, please provide copies or screenshots of all photographs associated with that account during the two years prior to the date of loss. 6. For each cellular phone listed in response to the interrogatories, please provide copies or screenshots of all photographs associated with that account from the date of loss to present. 7. For each cellular phone listed in the interrogatories, please provide copies of any documentation outlining what calls were made or received on the date of loss. 1025563\306707724.v1CASE NO. CACE-19-021319 (13) CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 30th day of September, 2020, a true and correct copy of the foregoing was filed and served via Florida Courts eFiling Portal to the following counsel of record: Justin Morgan, Esq., 2500 Weston Rd., #211, Weston, FL 33331; pleadings@justinmorganlaw.com. HINSHAW & CULBERTSON LLP /s/ Paul J.Gamm Paul J. Gamm Florida Bar No. 0577146 One East Broward Blvd., Suite 1010 Ft. Lauderdale, FL 33301 Telephone: 954-467-7900 Primary: pgamm@hinshawlaw.com Secondary: kcardenas@hinshawlaw.com Attorneys for Defendant WINN-DIXIE 1025563\306707724.v18/5/2020 How do | download a copy of my information on Facebook? | Facebook Help Center | Facebook ‘We're working to update facebook.com and the Help Center. If you don't see instructions for the version you're using, learn how to switch versions or report a problem. Login and Password Your Profile and Settings Names on Facebook Keeping Your Account Secure Notifications Ad Preferences Accessing & Downloading Your Information Deactivating or Deleting Your Account CoC How do | download a copy of my information on Facebook? Computer Help Mobile Help » Share Article Over the next few months, we're updating how www.facebook.com looks. Learn more about how to switch between New and Classic Facebook. Click below to go to the directions for the version you're using. + New Facebook * Classic Facebook If you want to download a copy of your information from Facebook, you can use the Download Your Information tool. To download a copy of your Facebook data: New Facebook 1.Click + inthe top right of Facebook. 2. Select Settings & Privacy > Settings. 3. In the left column, click Your Facebook Information. 4. Next to Download Your Information, click View. 5 . To add or remove categories of data from your request, click the boxes on the right side of Facebook. 2 Select other options, including: « The format of your download request. « The quality of photos, videos and other media. « A specific date range of information. If you don't select a date range, you'll request all the information for the categories you've selected. 7. Click Create File to confirm the download request. Classic Facebook 1. Click H in the top right of Facebook, then click Settings. 2. In the left column, click Your Facebook Information. https://www.facebook.com/help/212802592074644?helpref=search&sr=2&query=how do i download my information &search_session_id=6a149474b8... 1/38/5/2020 How do | download a copy of my information on Facebook? | Facebook Help Center | Facebook 3. Next to Download Your Information, click View. 4. To add or remove categories of data from your request, click the boxes on the right side of Facebook. 5. Select other options, including: = The format of your download request. « The quality of photos, videos and other media. « A specific date range of information. If you don't select a date range, you'll request all the information for the categories you've selected. 6. Click Create File to confirm the download request. After you've made a download request, it will appear as Pending in the Available Files section of the Download Your Information tool. It may take several days for us to finish preparing your download request. Once we've finished preparing your download request, we'll send a notification letting you know it's ready. To download a copy of data you requested: 1. Go to the Available Files section of the Download Your Information tool. 2. Click Download and enter your password. You can also click Show more to view information about your download request, such as the format and when it will expire. Note: You can always view your Privacy Shortcuts to learn about the ways you can control your data and privacy on Facebook. If you want to review recent activity on your Facebook account or want to review your Facebook account information, you can use the Access Your Information tool. Can | pick and choose which information | would like to download? What's the difference between an HTML or JSON copy of my data? What security measures are in place to make sure someone else doesn’t download a copy of my information? I don't have an active Facebook account. How can I request my personal data stored by Facebook? Was this information helpful? Oves ONo Related Articles What is subscription linking on Facebook? https://www.facebook.com/help/212802592074644?helpref=search&sr=2&query=how do i download my information &search_session_id=6a149474b8... 2/38/5/2020 How do | download a copy of my information on Facebook? | Facebook Help Center | Facebook How can | download a copy of my Facebook Page? What is public information on Facebook? How do | download Facebook Pages Manager? Important information about your photos on Facebook English (US) Espafiol Frangais (France) $¢({tif) 4%! Portugués (Brasil) @+3}0{ Italiano Deutsch feat Aw Facebook © 2020 About ‘Ad Choices Terms & Policies Privacy Create Ad Cookies Careers Create Page https://www.facebook.com/help/212802592074644?helpref=search&sr=2&query=how do i download my information &search_session_id=6a149474b8... 3/3