IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02560-MSK-MEH

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff, 

and

WENDY J. CABRERA,

Intervenor Plaintiff,

v.

THE ORIGINAL HONEYBAKED HAM COMPANY OF GEORGIA, INC.,

Defendant.

 

ORDER

 

The parties in this suit agree that some discovery concerning interested claimants’ use of

social media sites is appropriate. I have previously directed the parties to propose to me a

questionnaire to provide to the claimants for purposes of streamlining this discovery. The parties

have proposed a questionnaire and have agreed on some aspects of it, but not others. Appended to

this Order is a questionnaire which reflects my decisions concerning any disputed areas. The EEOC

is directed to provide the questionnaire to the claimants, and the claimants are to answer and execute

the questionnaire and return it to the EEOC on or before January 31, 2013, consistent with the

discussion in open court on January 7, 2013. The EEOC shall identify to the Court and to the

Defendant on or before January 31, 2013, the names (if any) of claimants who do not agree to

respond to the questionnaire.

SO ORDERED.

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Dated and entered at Denver, Colorado, this 9th day of January, 2013.

BY THE COURT:

Michael E. Hegarty

United States Magistrate Judge

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Case No. 1:11-cv-02560-MSK-MEH 

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

 Plaintiff,

and

WENDY J. CABRERA,

 Intervenor Plaintiff,

v.

THE ORIGINAL HONEYBAKED HAM COMPANY OF GEORGIA, INC.,

 Defendant.

QUESTIONNAIRE

I, _____________________________, declare:

1. I make this Declaration based on my personal knowledge. I understand that, by

signing this Declaration, I am certifying that I am providing true, correct,

complete, and accurate information under penalty of perjury under the laws of the

United States of America.

2. From January 1, 2009 to the present, I have owned or had in my possession the

following cell phones that I used to send or receive text messages [provide the

brand name and model for each cell phone] [if none, so indicate]:

__________________________________________________________________

__________________________________________________________________

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3. For each cell phone identified in Question No. 2 above, the following telephone

numbers were associated with the phone:

__________________________________________________________________

__________________________________________________________________

4. For each cell phone identified in Question No. 2 above, I have/have not [circle

one] synched or backed up the cell phone to a computer [provide the computer

brand name and model for each cell phone synched or backed up]:

__________________________________________________________________

__________________________________________________________________

5. Of the cell phones identified in Question No. 2 above, I found all of the cell

phones still in my possession, custody, or control and provided them to the

EEOC: 

Yes _____ No _____ If your answer is “No,” please explain:

__________________________________________________________________

__________________________________________________________________

6. Of the cell phones identified in Question No. 2 above, I have found all SIM cards

associated with the phones still in my possession, custody, or control and

provided them to the EEOC: Yes____ No ____

7. For any cell phones or SIM cards that I was unable to provide to the EEOC, I

made the following efforts to find and provide them:

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

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__________________________________________________________________

8. I did/did not delete [circle one] any of the following types of text messages

between January 1, 2009 and September 29, 2011 [for any types of text messages

deleted, circle the types of text messages below]:

a. Texts discussing this lawsuit;

b. Texts discussing my work at HoneyBaked Ham such as complaints

or communications about managers, working conditions,

harassment, or retaliation, or communications about my job duties,

performance, how I felt about working for HoneyBaked Ham, or

the reasons surrounding my severance from HoneyBaked Ham;

c. Texts including texts between myself and Donna Wagner-Rago,

James (Jimmy) Jackman, and/or Alex (Long) Armstrong; and/or

d. Texts discussing my job search efforts.

9. Other than those exchanged with the legal representatives of the EEOC or my private

attorney, I did/did not delete [circle one] any of the following types of text messages

between September 29, 2011 and the present [for any types of text messages deleted,

circle the types of text messages below]:

a. Texts discussing this lawsuit;

b. Texts discussing my work at HoneyBaked Ham such as complaints or

communications about managers, working conditions, harassment, or

retaliation, or communications about my job duties, performance, how I felt

about working for HoneyBaked Ham, or the reasons surrounding my

severance from HoneyBaked Ham;

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c. Texts including texts between myself and Donna Wagner-Rago, James

(Jimmy) Jackman, and/or Alex (Long) Armstrong; and/or

d. Texts discussing my job search efforts.

10. For each cell phone identified in response to Question No. 2 above, you are required

by a Court Order to disclose any user names and passwords to a neutral third-party

appointed by the Court to conduct a search of the cell phone. Do you agree to

provide this user name and password information to the third party vendor appointed

by the Court? Agree / Do Not Agree [circle one]

11. I further agree to identify to the individual appointed by the Court any text messages

that I exchanged with the following persons:

a. Alex (“Long”) Armstrong

b. James (“Jimmy”) Jackman

c. Donna Wagner-Rago 

12. From January 1, 2009 to the present, I have used the following social media websites

(for instance, Facebook, Twitter, LinkedIn, Google+, MySpace, etc.), if any:

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

13. For each social media website phone identified in response to Question No. 12 above,

you are required by a Court Order to disclose any user names and passwords to a

neutral third-party appointed by the Court to conduct a search of social media. Do

you agree to provide this user name and password information to the third party

vendor appointed by the Court? Agree / Do Not Agree [circle one]

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14. During the time period from January 1, 2009 through September 29, 2011, I did/did

not delete [circle one] any of the following types of social media posts or messages

made to my own social media account pages [for any types of social media posts or

messages deleted from your own social media account pages, circle the types of the

posts or messages below]:

a. Posts or messages discussing this lawsuit;

b. Posts or messages discussing my work at HoneyBaked Ham such as

complaints or communications about managers, working conditions,

harassment, or retaliation, or communications about my job duties,

performance, how I felt about working for HoneyBaked Ham, or the reasons

surrounding my severance from HoneyBaked Ham;

c. Posts or messages including posts between myself and Donna Wagner-Rago,

James (Jimmy) Jackman, and/or Alex (Long) Armstrong; and/or

d. Posts or messages discussing my job search efforts.

15. During the period from September 29, 2011 and the present, and excluding

communications exchanged with the legal representatives of the EEOC or my private

attorney, I did/did not delete [circle one] any of the following types of social media

posts or messages made to my own social media account pages [for any types of

social media posts or messages deleted from my own social media account pages,

circle the types of the posts or messages below]:

a. Posts or messages discussing this lawsuit;

b. Posts or messages discussing my work at HoneyBaked Ham such as

complaints or communications about managers, working conditions,

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harassment, or retaliation, or communications about my job duties,

performance, how I felt about working for HoneyBaked Ham, or the reasons

surrounding my severance from HoneyBaked Ham;

c. Posts or messages including posts between myself and Donna Wagner-Rago,

James (Jimmy) Jackman, and/or Alex (Long) Armstrong; and/or

d. Posts or messages discussing my job search efforts.

16. From January 1, 2009 to the present, I have used the following personal e-mail

addresses [if none, so indicate]:

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

17. For each personal e-mail address identified in response to Question No. 16 above, you

are required by a Court Order to disclose any user names and passwords for the email account to a neutral third-party appointed by the Court to conduct a search of email accounts. Do you agree to provide this user name and password information to

the third party vendor appointed by the Court? Agree / Do Not Agree [circle one]

18. I did/did not delete [circle one] any of the following types of e-mails between

January 1, 2009 and September 29, 2011 [for any types of e-mails deleted, circle the

types of the e-mails below]:

a. E-mails discussing this lawsuit;

b. E-mails discussing my work at HoneyBaked Ham such as complaints or

communications about managers, working conditions, harassment, or

retaliation, or communications about my job duties, performance, how I felt

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about working for HoneyBaked Ham, or the reasons surrounding my

severance from HoneyBaked Ham;

c. E-mails including e-mails between myself and Donna Wagner-Rago, James

(Jimmy) Jackman, and/or Alex (Long) Armstrong; and/or

d. E-mails discussing my job search efforts.

19. Since January 1, 2009, have you ever hosted a blog on the internet? If so, please

provide the URL address and any passwords necessary to access the blog.

20. Besides any social media sites, email accounts, or blogs that you have mentioned in

response to any of the questions 1-19, have you at any time since January 1, 2009

posted any comments on line (including in a web blog or other internet forum

available for posting comments, pictures, etc.) about:

a. This lawsuit;

b. Your work at HoneyBaked Ham, including your job duties, working

conditions, performance, your feelings about working at HoneyBaked Ham,

complaints or comments about managers, harassment, or retaliation, and/or

the reasons surrounding your separation from HoneyBaked Ham; or

c. Donna Wagner-Rago, James (Jimmy) Jackman, and/or Alex (Long)

Armstrong?

____Yes ____No. If your answer is “Yes,” please provide the name of the website

or blog on which you posted, and any usernames or passwords necessary to access the

post.

21. For any web blog or other internet forum identified in Question Nos. 19-20 over

which you have or had any control over content and preservation, you did/did not

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delete [circle one] any posts or messages between January 1, 2009 and September 29,

2011 concerning the topics identified in Question 20, (a), (b) or (c)? If you did

delete, please describe:

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

I have read this Declaration, and declare under penalty of perjury under the

laws of the United States of America that the foregoing is true, complete, and

correct.

Executed this _______ day of ______, 2013.

_________________________________________

Signature 

_________________________________________

Printed Name

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