In Swain v. American Honda Motor Co., the District of Oregon sent a clear warning about the consequences of using discovery and social media to pressure opposing parties. The plaintiff, who sued American Honda over alleged defects in his Honda Ridgeline, pursued subpoenas against non-party Lithia Motors despite a court-ordered stay of discovery. One subpoena sought to inspect a dealership on a Saturday with only three days’ notice, prompting Lithia to seek court intervention. The court found that the subpoenas placed an undue burden on the non-party and were inconsistent with the court’s discovery restrictions.

The plaintiff’s conduct extended beyond discovery. After the court entered a protective order prohibiting direct contact and online harassment involving AHM, dealerships, and their employees, he continued posting about the litigation and using hashtags and other social media activity directed at the represented parties. The court rejected his argument that he simply misunderstood the order, finding that his conduct demonstrated an intentional effort to circumvent the court’s restrictions and use social media to force a resolution. The court found that his continued posts were intentional and willful violations of its orders and that his conduct had substantially diverted the parties and the court from the merits of the case.

Rather than dismissing the case, the court imposed escalating restrictions. The plaintiff was ordered to reimburse Lithia $925 in attorneys’ fees and was barred from issuing subpoenas or making discovery demands to any non-party without prior court approval. The court denied terminating sanctions for the time being, but expressly warned that further violations could lead to monetary sanctions, a gag order, or dismissal.

The decision is a useful reminder that discovery strategy must remain within the boundaries established by the court. Even where a party believes additional discovery is necessary, attempting to enforce stayed subpoenas or circumvent protective orders can create substantially greater litigation risk than the underlying discovery dispute.

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