THIS MATTER, having been opened to the Court by Landman Corsi Ballaine and Ford, P.C., attorneys for defendant First Student, Inc. (“First Student”) and pursuant the Court’s June 29, 2021 Discovery and Amended Scheduling Order;

It is on this 16th day of July 2021;

1. ORDERED that all data and information subject to disclosure in this Order is limited to the timeframe of October 26, 2017 to the present; and it is further

2. ORDERED that the plaintiffs Lamont Hannah, Wykeya Williams, L.H. (minor son) and L.H. (minor daughter) are to produce social media as to each and every social media account they possess, including but not limited to:

a. Lamont Hannah: Facebook, Instagram and Youtube Channels.

b. Wykeya Williams: Facebook, Linkedln and Pinterest.

c. L.H. (minor daughter): Instagram and TikTok.

d. L.H. (minor son): None; and it is further

3. ORDERED that plaintiffs are to certify that they do not currently maintain any social media accounts other than those set forth above, and that they have not maintained any social media accounts that have been deactivated or deleted since October 26, 2017; and it is further

4. ORDERED that to the extent plaintiffs maintain any accounts in addition to those listed in paragraph 2, plaintiffs shall identify those accounts, and any information related to those accounts shall also be subject to disclosure under the terms of this Order; and it is further

5. ORDERED as to scope, that plaintiffs shall produce to defendant:

a. All social medial posts available to the general public, including any timelines and comments made on those posts;

b. All social media posts, whether private or public, that were posted and made available to friends of plaintiffs, including any timelines and comments made on those posts.

c. All private social media posts, messages, and emails that are relevant to the case.

i. Examples of the category of “private message” captured by paragraph 3(c) include, but are not limited to, Facebook private messaging and Twitter “DM” messages; and it is further

d. All private messages and emails involving donor(s) related to this case.

6. ORDERED that plaintiffs shall produce a privilege log to defendant that:

a. Lists all private posts, messages and emails reviewed, and

b. Identifies all private posts, messages, and emails withheld from production; and it is further

7. ORDERED that if defendant objects to any item listed on the privilege log subject to paragraph 6(a), but withheld from production under 6(b), the following procedure shall apply:

a. Defendant shall serve a written objection to such designation, which shall describe the item designated as privileged, or otherwise withheld, or reference same as it is listed on plaintiffs’ privilege log, and shall state the grounds for objection.

b. Plaintiffs shall respond in writing to such objection within twenty-one (21) days, and shall state with particularity the grounds for asserting that the item is privileged or otherwise withheld

c. If no timely written response is made to the objection, the challenged designation will be deemed to be void, and plaintiffs shall turn over the item within five (5) days.

d. If plaintiffs make a timely response to such objection, and the parties cannot confer in good faith to resolve the dispute, plaintiffs shall present the dispute to the Court initially by telephone or letter, in accordance with Local Civil Rule 37.1(a)(1), and the contested item/s shall be submitted to the Court for in camera review; and it is further

8. ORDERED that all discovery produced pursuant to this Order shall be deemed Confidential, under the governing Confidentiality Order in place in this action; and it is further

9. ORDERED that all social media information, messages, emails, and forensic data for any and all social media platforms shall be produced in a useable, electronic format that provides a “timeline” and context between images, videos and messages/posts; and it is further

10. ORDERED that plaintiffs’ production, as set forth above, shall be produced within 30 days of this Order; and it is further

11. ORDERED that plaintiffs shall be obligated to supplement this production every sixty (60) days on a continuing basis up to and including the time of trial.

KASTER LYNCH FARRAR & BALL LLP
Attorneys for Plaintiffs
By: /s/ Wesley Todd Ball
Wesley Todd Ball, Esq.
Dated: 7/16/2021

LANDMAN CORSI BALLAINE & FORD P.C.
Attorneys for Defendant First Student, Inc.
By: /s/ Charles W. Mondora
Charles W. Mondora, Esq.
Dated: 7/16/2021

IS SO ORDERED.

Dated: 7/16/2021
Sharon A. King U.S.M.J.