Freres v. Xyngular Corp., No. 2:13-cv-400-DAK-PMW, 2014 WL 1320273 (D. Utah Mar. 31, 2014)

Key Insight: Court granted motion to compel production of Plaintiff?s cell phone for copying and inspection and rejected Plaintiff?s arguments that the information sought was beyond the scope of discovery, that the inspection should not be allowed because the phone contained personal and/or privileged materials (which the court reasoned the Standard Protective Order would adequately address), and that the inspection was unduly burdensome; court acknowledged Plaintiff?s concern that the phone was her ?only point of contact in the case of an emergency? and ordered Defendant to obtain and pay for an alternate cell phone for Plaintiff?s use while hers was away

Nature of Case: Wrongful termination

Electronic Data Involved: Cellular Phone