Does A Company Have Control Over International Employee's Personal Gmail?

In the case Owen v. Elastos Foundation, No. 19-CV-5462 (GHW) (BCM) (S.D.N.Y. Mar. 16, 2023), Plaintiffs sought access to the personal Gmail account of one of Defendant's employees. Federal Rule of Civil Procedure 34(a)(1) states that a party may obtain discovery of documents "in the responding party's possession, custody, or control." Documents are considered to be under a party's control when that party has the "right, authority, or practical ability to obtain the documents from a non-party to the action." Bank of N.Y. v. Meridien BIAO Bank Tanzania Ltd., 171 F.R.D. 135, 146-47 (S.D.N.Y. 1997). In this case, Plaintiffs failed to show that Defendant had possession, custody or control over their employee's personal device. The company is registered in Singapore, and Plaintiffs had not discussed whether there are Singapore or Chinese laws on the issue of control. Furthermore, the employee turned over his laptop and phone, sat for a deposition, and made a