In Gatto v. United Air Lines, Inc., No. 10-1090 (D.N.J. Mar. 25, 2013), the court considered a spoliation motion pertaining to the plaintiff’s deletion of his Facebook account after the defendant requested the Facebook data in the litigation. The plaintiff had sued for personal injury, contending that he had been disabled in an accident. The defendant requested access to all of the plaintiff’s social media accounts. Plaintiff’s counsel agreed to provide access, but the plaintiff soon after deactivated his Facebook account, which was subsequently deleted by Facebook before the defendant could access it. The plaintiff argued that he had not intentionally destroyed evidence (explaining that he closed the account because he had received hacking-type warnings), but the court held that, in the case of “actual suppression” of evidence, “so long as the evidence is relevant, the ‘offending party’s culpability is largely irrelevant’ as it cannot be denied that the opposing party has been prejudiced.” The court ordered that an adverse inference instruction would be provided to the jury regarding the deletion.