U.S. Magistrate Judge Virginia K. DeMarchi ordered K.R.D. to produce all social media content for the periods of summer 2014 through summer 2016 and October 4, 2023 through October 4, 2024. She also ordered production for the one-year period following the filing of the complaint, from October 4, 2024 through October 4, 2025.
For the seven-year gap between summer 2016 and October 2023, the court ordered a sample representing approximately 50% of the time period. Hilton Domestic Operating Company Inc. may select the sample, either through discrete dates or a methodology such as every other month. K.R.D. may elect to produce the entirety of her content for that seven-year period instead.
The dispute centered on Hilton’s request for content to test K.R.D.’s damages claims. K.R.D. had supplemented her response to Interrogatory No. 14 to describe how her anxiety, depression, and PTSD impact her life. In her supplemental response, K.R.D. stated: "Certain locations, smells and other triggers cause my anxiety and distress to spike. Due to the things that have happened to me I am paranoid that people are following me and I am uncomfortable being around others beyond family and longtime friends, especially men I am not familiar with. Due to past threats made by my trafficker, I fear for the safety of my children. Today, I homeschool my children."
Hilton argued that K.R.D. makes broad damages claims spanning more than 10 years but provided only a few examples of how her trafficking impacted her life. The court found that Hilton’s revised Request for Production 46 was not limited to content needed to test or rebut K.R.D.’s damages claims. DeMarchi wrote that the request also encompassed content to "directly support" K.R.D.’s statements about how her daily life is not impacted by the trafficking she suffered.
The court expressed disappointment that the parties were unable to resolve the dispute without further intervention.
K.R.D. must complete the production by May 28, 2026, or 10 calendar days after Hilton selects its sample, whichever is later. Fact discovery in the case closes on June 15, 2026.