In an employment race discrimination case, a federal court recently held that the defendant-employer did not have “possession, custody, or control” over text messages sent or received by its employees on their personal cell phones. The court denied the plaintiff’s motion to compel the production of these text messages because there was no evidence that:
- the employer issued the cell phones to the employees;
- the employees used the cell phones for any work-related purpose; or
- the employer otherwise had any legal right to obtain employee text messages on demand.
Cotton v. Costco Wholesale Corp., Case No. 12-2731, slip op. …