Hepting et al v. AT&T Corp. et al

Filing 357

Proposed Order [Proposed] Interim Order to Preserve Evidence by Tash Hepting. (Cohn, Cindy) (Filed on 9/20/2007)

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Hepting et al v. AT&T Corp. et al Doc. 357 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ELECTRONIC FRONTIER FOUNDATION CINDY COHN (145997) cindy@eff.org LEE TIEN (148216) tien@eff.org KURT OPSAHL (191303) kurt@eff.org KEVIN S. BANKSTON (217026) bankston@eff.org CORYNNE MCSHERRY (221504) corynne@eff.org JAMES S. TYRE (083117) jstyre@eff.org 454 Shotwell Street San Francisco, CA 94110 Telephone: 415/436-9333 415/436-9993 (fax) Attorneys for Plaintiffs [Additional counsel appear on signature page.] UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) ) ) ) This Document Relates To: ) ) ALL CASES except AL HARAMAIN v. BUSH ) 07-0109; CENTER FOR CONSTITUTIONAL ) RIGHTS v. BUSH 07-1115; UNITED STATES ) ) V. FARBER, ET AL 07-1324; UNITED ) STATES V. ADAMS, ET. AL. 07-1323; UNITED STATES V. PALERMINO, ET AL, ) ) 07-1326; UNITED STATES V. VOLZ, ET AL, ) 07-1396 ) ) ) IN RE NATIONAL SECURITY AGENCY TELECOMMUNICATIONS RECORDS LITIGATION, MDL No. 1791 MDL Docket No 06-1791 VRW CLASS ACTION [PROPOSED] INTERIM ORDER TO PRESERVE EVIDENCE Date: Time: Courtroom: Judge: October 25, 2007 2:00 p.m. 6, 17th Floor The Hon. Vaughn R. Walker No. M-06-01791-VRW [PROPOSED] INTERIM ORDER TO PRESERVE EVIDENCE Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This matter came on for hearing before the Court on Plaintiffs' motion for an order to preserve evidence. Having given full consideration to all of Plaintiffs' papers, evidence, and the relevant authorities, all of Defendants' responses thereto, and the oral presentations of counsel, and good cause appearing, it is HEREBY ORDERED as follows: 1. All parties and interveners as well as their employees, officers, agents, servants, contractors, carriers, bailees, attorneys, or persons in active concert or participation with them must take all necessary actions to prevent the destruction or alteration of what they know, or reasonably should know, will be relevant evidence in this litigation until further Order of this Court, including any evidence the destruction of which would prejudice another party. 2. Counsel is under an obligation to exercise reasonable efforts to identify and notify parties and nonparties, including employees and agents of corporate or institutional parties and non-parties, who possess or will possess materials reasonably anticipated to be relevant in this action. 3. If the practices of any party involve the destruction, recycling, relocation, or mutation of such materials, the party must either (1) halt such practices; (2) sequester or remove such material from the process; or (3) arrange for the preservation of complete and accurate duplicates or copies of such material, suitable for later discovery if requested. 4. A party may apply to the court for further instructions or relief from this Order upon reasonable notice after the Ninth Circuit decision in Hepting v. AT&T. 5. Each party will, within 10 days after receiving this Order, designate an individual who shall be responsible for ensuring that the party carries out the requirements of this Order. *** ORDER IT IS SO ORDERED. DATED: _________________________ ________________________________________ THE HONORABLE VAUGHN R. WALKER CHIEF UNITED STATES DISTRICT JUDGE No. M-06-01791-VRW [PROPOSED] INTERIM ORDER TO PRESERVE EVIDENCE

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