Olney v. Job.Com, Inc.

Filing 128

ORDER Regarding Data Collection and Generation of Expert Report, signed by Magistrate Judge Sheila K. Oberto on 5/7/2014. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PETER OLNEY, on behalf of himself and all
others similarly situated,

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Plaintiffs,
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vs.
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JOB.COM, INC.; and WINDY CITY CALL
CENTER, LLC,

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Defendants and Third Party Plaintiff,

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RESUMEDIRECTOR.COM, NORTH
AMERICA LIVE CAREER, INC.,
LIVECAREER, LTD.,

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Third Party Defendants.

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CASE NO. 1:12-CV-01724-LJO-SKO
ORDER REGARDING DATA
COLLECTION AND GENERATION OF
EXPERT REPORT
Judge Lawrence J. O’Neill
Courtroom: 4
Magistrate Judge Sheila K. Oberto
Courtroom: 7

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On May 1, 2014, the parties appeared for an informal telephonic discovery dispute

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conference. After considering the parties’ positions, the Court determined Defendant Job.com may

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have an expert of its choosing review a mirror image of Plaintiff’s hard drive.

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Job.com’s independent computer analyst will provide to BCT Consulting a hard drive of

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sufficient size to store a mirror image of Plaintiff’s hard drive. BCT Consulting will copy a mirror

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image of Plaintiff’s hard drive to the hard drive provided by Job.com’s computer analyst. Within

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twenty-four (24) hours of its receipt of the hard drive from Job.com’s independent computer analyst,

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BCT Consulting will send the mirror image of Plaintiff’s hard drive to Job.com’s computer analyst,

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1
ORDER REGARDING DATA COLLECTION
AND GENERATION OF EXPERT REPORT

Case No. 1:12-cv-01724-LJO-SKO

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maintaining a proper chain of custody. Plaintiff also intends to retain his own expert computer

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analyst pertaining to this additional review of Plaintiff’s imaged hard drive.

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The scope of Job.com’s computer analyst’s inspection shall be limited to whether certain

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files or web histories have been deleted, wiped, or otherwise made unrecoverable; when and how

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such deletion or wiping occurred, and the person(s) and/or program(s) responsible for such deletion

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or wiping. Job.com’s computer analyst will search file content only to the extent necessary to

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evaluate whether files or web histories have been deleted, wiped, or otherwise made unrecoverable,

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when such deletion or wiping occurred, and the person(s) and/or program(s) responsible for such

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deletion or wiping. Job.com’s computer analyst will not divulge the content of any files on

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Plaintiff’s computer.

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In the event Job.com’s computer analyst finds evidence of files or web histories having been

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deleted, wiped, or otherwise unrecoverable, Job.com’s computer analyst shall generate a report

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containing the results of his findings, without divulging the file content. The expert report will be

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completed within twelve (12) business days of Job.com’s computer analyst’s receipt of the hard

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drive from BCT Consulting.

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IT IS SO ORDERED.
Dated:

May 7, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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ORDER REGARDING DATA COLLECTION
AND GENERATION OF EXPERT REPORT

Case No. 1:12-cv-01724-LJO-SKO