Dawe v. Corrections USA et al

Filing 237

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 10/20/2009 re: Imaging of Gary Harkins' laptop computer.(Waggoner, D)

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WILKE, FLEURY, HOFFELT, GOULD & BIRNEY, LLP
A T T O R N E Y S A T LAW SACRAMENTO

WILKE, FLEURY, HOFFELT, GOULD & BIRNEY, LLP THOMAS G. REDMON (SBN 047090) DANIEL L. BAXTER (SBN 203862) 400 Capitol Mall, Twenty-Second Floor Sacramento, CA 95814 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff/Cross-Defendant BRIAN DAWE

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

BRIAN DAWE; FLAT IRON MOUNTAIN ASSOCIATES, LLC, formerly known as Flat Iron Mountain Associates, a Partnership, Plaintiffs, v. CORRECTIONS USA, a California Corporation; CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION, a California Corporation; JAMES BAIARDI, an individual; DONALD JOSEPH BAUMANN, an individual, Defendants. AND RELATED COUNTERCLAIMS

Case No. 2:07-CV-01790 LKK EFB [Consolidated Master Case Number] STIPULATION AND [PROPOSED] ORDER RE IMAGING OF GARY HARKINS' LAPTOP COMPUTER

Pursuant to p. 11 of this Court's October 1, 2009 Order ("Order"--Document No. 228), the parties hereto, by and through their attorneys of record, and the forensic computer expert ("the Expert") retained in this matter by Defendants/Cross-Complainants, HEREBY STIPULATE AND AGREE AS FOLLOWS: 1. Pursuant to the Court's Order, the laptop computer that was the subject of -1STIPULATION AND ORDER RE IMAGING OF LAPTOP COMPUTER (CASE NO. 07-01790 LKK-EFB)

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WILKE, FLEURY, HOFFELT, GOULD & BIRNEY, LLP
A T T O R N E Y S A T LAW SACRAMENTO

Defendants' recent motion to compel ("the Computer") shall be made available for imaging by the Expert. Following said imaging, the Expert shall search the Computer database using the search terms set forth in Phillip R.A. Mastagni's October 2, 2009 letter, a true and correct copy of which is attached hereto as Exhibit 1. Should Defendants wish to utilize any additional search terms, they must notify and secure the agreement of counsel for Mr. Harkins before doing so. In the event the parties are unable to agree as to the propriety of a particular search term, the parties shall be permitted to appear ex parte (upon one day's notice) before the Court in order to obtain a judicial determination may seek a judicial determination as to the propriety of that term in accordance with the Eastern District of California Local Rules. 2. During and following the imaging and search described in the preceding

paragraph, the Expert shall maintain and safeguard all data, documentation, and information collected as a result of said imaging and search ("the Information"). The Information shall be designated as "confidential" under the protective order previously entered in this case, and the Expert shall not turn over any Information, or disclose the contents of any Information, to anyone other than counsel for Gary Harkins. Following such turnover/disclosure to counsel for Mr. Harkins, disclosure of Information to Defendants shall proceed in conformity with the Court's indications on p. 11 of the Order. IT IS SO STIPULATED. DATED: October 14, 2009 WILKE, FLEURY, HOFFELT, GOULD & BIRNEY, LLP

By:

/s/ Daniel L. Baxter DANIEL L. BAXTER Attorneys for Plaintiffs/Cross-Defendants

-2STIPULATION AND ORDER RE IMAGING OF LAPTOP COMPUTER (CASE NO. 07-01790 LKK-EFB)

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WILKE, FLEURY, HOFFELT, GOULD & BIRNEY, LLP
A T T O R N E Y S A T LAW SACRAMENTO

DATED: October 14, 2009

MASTAGNI, HOLSTEDT, AMICK, MILLER, JOHNSEN & UHRHAMMER

By:

/s/ Phillip R.A. Mastagni PHILLIP R.A. MASTAGNI Attorneys for Defendants/Cross-Complainants

DATED: October ___, 2009

CALIFORENSICS ("the Expert")

By: Signature on original DONALD VILFER Authorized Representative

IT IS SO ORDERED. DATED: October 20, 2009 EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE

471536.1

-3STIPULATION AND ORDER RE IMAGING OF LAPTOP COMPUTER (CASE NO. 07-01790 LKK-EFB)