Brown v. Wireless Networks, Inc.

Filing 174

ORDER Re Protocol For Imaging And Searching Plaintiff's Hard Drive Order re 171 Order on Motion to Compel,. Signed by Judge Elizabeth D. Laporte on 12/23/08. (fj, COURT STAFF) (Filed on 12/23/2008)

1 Lina M. Brenner (SBN 191075) Jessica E. La Londe (SBN 235744) 2 DUANE MORRIS LLP One Market, Spear Tower, Suite 2000 3 San Francisco, CA 94105-1104 Telephone: [phone] Facsimile: 415.957.3001 E-mail: [e-mail] 5 [e-mail] 6 Daniel J. Herling (SBN 103711) KELLER & HECKMAN LLP 7 Three Embarcadero Center, Suite 450 San Francisco, California 94111 8 T: [phone] F: [phone] 9 E-mail: [e-mail] 10 Attorneys for Defendant WIRELESS NETWORKS, INC. 11 12 13 14 15 16 17 18 19 Defendant. 20 21 22 23 24 25 26 27 28
ORDER RE PROTOCOL FOR IMAGING/SEARCHING PLAINTIFF'S HARD DRIVE
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO CHARLES M. BROWN, Plaintiff, v. WIRELESS NETWORKS, INC., a Delaware corporation, Case No. C-07-04301 EDL [PROPOSED] ORDER RE PROTOCOL FOR IMAGING AND SEARCHING PLAINTIFF'S HARD DRIVE ORDER

Dept: Judge:

Courtroom E, 15th Floor Mag. Elizabeth D. Laporte

WIRELESS NETWORKS, INC., a Delaware corporation, Counter-claimant, v. CHARLES M. BROWN, Counter-defendant.

Trial Date: March 9, 2009

CASE NO. 07-4301 EDL

1

Pursuant to the Court's Order Granting In Part Defendant's Renewed Motion To Compel,

2 entered December 18, 2008, the Court further orders that the following protocol be used for 3 imaging and searching the hard drive of Plaintiff Charles Brown's ("Brown") Macintosh 4 computer ("hard drive"): 5 1. Jon Berryhill of Berryhill Computer Forensics, Inc., operating as a neutral

6 computer forensic analyst with respect to this project, will perform the imaging and searching of 7 Brown's hard drive. 8 2. The parties will pick a mutually convenient date prior to January 9, 2009 on which

9 Mr. Berryhill, Brown, counsel for Brown, and counsel for Wireless Networks, Inc. ("WNI") will 10 meet at Brown's residence. 11 3. On that date, Mr. Berryhill will take an image of Brown's entire hard drive. Mr.

12 Berryhill will take the hard drive to its offices, where it will undertake the tasks outlined in the 13 following paragraphs. 14 4. Mr. Berryhill will search Brown's hard drive for both existing and deleted emails

15 either to or from the following email addresses: <[e-mail]> and 16 <[e-mail]> and containing one or more of the following terms in any 17 part of the email (including in the "to" "from" or "subject" lines): 18 19 20 21 22 23 24 25 26 27 28 · · · · · · · · · · · · · · · ·
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Multimodal or Multimodalnetworks or Multimode or MMN or MM [e-mail]; [e-mail]; [e-mail]; [e-mail]; [e-mail]; [e-mail]; [e-mail]; [e-mail] "new company" or "new business" or "new team" or startup or "team member" "NewCo" or "newco" Hagan or Hagan Law Firm Source Code Special Counsel "Charles Brown & Associates" "nondisclosure agreement" or "non-disclosure agreement" or NDA Retail Buddy First Data or FD Unitrol "brand name" Ruy Rothschild de Souza or Ruy or "de Souza" Secret or stealth or confidential Venture capital Shareholders Reports 1
CASE NO. 07-4301 EDL

ORDER RE PROTOCOL FOR IMAGING/SEARCHING PLAINTIFF'S HARD DRIVE
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1

5.

After completing the searches outlined above, Mr. Berryhill will provide Brown

2 with the results of its searches. Brown will then tag privileged information for Mr. Berryhill 3 within one week of Mr. Berryhill providing Brown the result of its searches. 4 6. Mr. Berryhill will provide to WNI the following: (1) all emails generated from the

5 search except for those Brown has tagged as privileged; and (2) information regarding which of 6 those emails were deleted and, where possible, when they were deleted. 7 7. Brown will provide to WNI the following: a privilege log of those emails tagged

8 as privileged. Such privilege log will include: 1) a description of the email withheld; 2) the date 9 of such email; 3) the direct and carbon copy recipient(s) and sender of such email; and 4) the 10 basis for the asserted privilege. WNI does not waive the right to object to the assertion of 11 privilege as to any email withheld by Brown. 12 13 14 Date: 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
ORDER RE PROTOCOL FOR IMAGING/SEARCHING PLAINTIFF'S HARD DRIVE
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IT IS SO ORDERED.

UNIT ED

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S DISTRICT TE C TA

December 23, 2008

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F D IS T IC T O R

CASE NO. 07-4301 EDL

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O The Honorable Elizabeth D. Laporte IT IS S United States Magistrate Judge
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