Perfect 10 Inc v. Google Inc et al

Filing 670

NOTICE OF MOTION AND MOTION for Discovery regarding A DOCUMENT PRESERVATION ORDER TO PREVENT SPOLIATION OF EVIDENCE BY GOOGLE filed by PLAINTIFF Perfect 10 Inc. Motion set for hearing on 1/11/2010 at 02:00 PM before Magistrate Judge Stephen J. Hillman. (Attachments: #1 Proposed Order re Preservation)(Mausner, Jeffrey)

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[PROPOSED] ORDER GRANTING PERFECT 10'S MOTION FOR THE IMPOSITION OF A DOCUMENT PRESERVATION ORDER

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA PERFECT 10, INC., a California corporation, Plaintiff, vs. GOOGLE INC., a corporation; and DOES 1 through 100, inclusive, Defendants. AND COUNTERCLAIM PERFECT 10, INC., a California corporation, Plaintiff, vs. AMAZON.COM, INC., a corporation; A9.COM, INC., a corporation; and DOES 1 through 100, inclusive, Defendants. Case No. CV 04-9484 AHM (SHx) Consolidated with Case No. CV 05-4753 AHM (SHx) Before Judge Stephen J. Hillman DISCOVERY MATTER PERFECT 10'S [PROPOSED] ORDER GRANTING ITS MOTION FOR THE IMPOSITION OF A DOCUMENT PRESERVATION ORDER Date: January 11. 2010 Time: 2:00 PM Place: Courtroom 550, Courtroom of the Honorable Stephen J. Hillman Discovery Cut-Off Date: None Set Pretrial Conference Date: None Set Trial Date: None Set

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On January 11, 2010, the Court heard oral argument on Perfect 10's Motion For A Document Preservation Order To Prevent Spoliation Of Evidence By Google, Inc. Having considered the parties' joint stipulations and oral argument, and good cause existing therefore, Perfect 10's Motion is GRANTED. Google, Inc. is hereby ordered to: (1) Immediately take all steps necessary to preserve all documents relevant to this litigation, including modifying computer settings for all employees and officers to remove any auto-deletion instructions; and (2) Submit a declaration describing the scope and extent of the (i) (ii) (iii) Describe how the settings on all company email accounts Describe whether emails on company email accounts have Identify the location of any "backup" files for the deleted company's document deletion activities, including the following: were established, by whom, and when; been deleted, and if so, how many and during what time period; emails, including on all company computers or servers, or at an off-site location maintained by any company service provider or vendor; (iv) Explain whether the company gave any document preservation instructions to any company employees, contractors, or other personnel regarding this lawsuit, and if so, when and to whom; (v) Identify whether the email accounts of any company employees, contractors, or other personnel have ever been set to automatically delete emails (and if so, who, when and after how long); (vi) Identify any other loss or destruction of documents that has affected the discovery the company provided. IT IS SO ORDERED. Dated:________________ _________________________________ HONORABLE STEPHEN J. HILLMAN United States Magistrate Judge

-1[PROPOSED] ORDER GRANTING ITS MOTION FOR THE IMPOSITION OF A DOCUMENT PRESERVATION ORDER