Deleting Your Facebook Account During Litigation May Lead To Sanctions

In Gatto v. United Airlines, 10-CV-1090 (D.N.J., March 25, 2013), the Plaintiff, a baggage handler at JFK Airport, was injured when he was struck by a set of mobile stairs while on the job.  Defendants sought evidence relating to Gatto’s damages and social activities, specifically requesting access to Gatto’s social media accounts.  Granting the Defendants’ request, the Court ordered Gatto to change his Facebook password to “alliedunited.”

Subsequently, Gatto received notification from Facebook that his account had been accessed by an unfamiliar IP address.  Gatto claimed he received this alert after he received assurance from defense counsel that they would not access his account.  Shortly after receiving the notification, Gatto deactivated and deleted his entire Facebook account.