Jewel et al v. National Security Agency et al

Filing 51

ORDER by Chief Judge Vaughn R Walker GRANTING doc [#50] JOINT MOTION FOR ENTRY OF ORDER REGARDING PRESERVATION OF EVIDENCE. Counsel representing each party shall, not later than 12/15/2009, submit to the Court under seal and pursuant to FRCP 11, a statement that the directive in paragraph D, has been carried out. (cgk, COURT STAFF) (Filed on 11/16/2009)

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Jewel et al v. National Security Agency et al Doc. 51 Case3:08-cv-04373-VRW Document51 Filed11/16/09 Page1 of 2 UNITED STATES DISTRICT COURT 1 NORTHERN DISTRICT OF CALIFORNIA 2 SAN FRANCISCO DIVISION 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 [PROPOSED] ORDER Upon consideration of the parties' joint motion for entry of an order regarding the preservation of evidence and good cause appearing, the Court hereby ENTERS the following order based on the Court's prior Order of November 6, 2007, in 06-cv-1791-VRW (Dkt. 393). A. The Court reminds all parties of their duty to preserve evidence that may be ) ) ) Plaintiffs, ) ) v. ) ) NATIONAL SECURITY AGENCY et al., ) ) ) Defendants ) ) _______________________________________) CAROLYN JEWEL et al., Case No. C:08-cv-4373-VRW Chief Judge Vaughn R. Walker relevant to this action. The duty extends to documents, data and tangible things in the possession, custody and control of the parties to this action, and any employees, agents, contractors, carriers, bailees or other non-parties who possess materials reasonably anticipated to be subject to discovery in this action. Counsel are under an obligation to exercise efforts to identify and notify such non-parties, including employees of corporate or institutional parties. B. "Documents, data and tangible things" is to be interpreted broadly to include writings, records, files, correspondence, reports, memoranda, calendars, diaries, minutes, electronic messages, voicemail, e-mail, telephone message records or logs, computer and network activity logs, hard drives, backup data, removable computer storage media such as tapes, disks and cards, printouts, document image files, web pages, databases, spreadsheets, software, books, ledgers, journals, orders, invoices, bills, vouchers, checks, statements, worksheets, J o in t M o t io n for Entry of Order Regarding Preservation of Evidence J e w e l et al. v. National Security Agency et al., Case No. 08-cv-4373-VRW Dockets.Justia.com Case3:08-cv-04373-VRW Document51 Filed11/16/09 Page2 of 2 summaries, compilations, computations, charts, diagrams, graphic presentations, drawings, films, 1 digital or chemical process photographs, video, phonographic, tape or digital recordings or 2 transcripts thereof, drafts, jottings and notes. Information that serves to identify, locate, or link 3 such material, such as file inventories, file folders, indices and metadata, is also included 4 in this definition. 5 C. 6 integrity of all documents, data and tangible things reasonably anticipated to be subject to 7 discovery under FRCP 26, 45 and 56(e) in this action. Preservation includes taking reasonable 8 steps to prevent the partial or full destruction, alteration, testing, deletion, shredding, 9 incineration, wiping, relocation, migration, theft, or mutation of such material, as well as 10 negligent or intentional handling that would make material incomplete or inaccessible. 11 D. Counsel are directed to inquire of their respective clients if the business or 12 government practices of any party involve the routine destruction, recycling, relocation, or 13 mutation of such materials and, if so, direct the party, to the extent practicable for the pendency 14 of this order, either to 15 (1) halt such business or government practices; 16 (2) sequester or remove such material from the business or government practices; or 17 (3) arrange for the preservation of complete and accurate duplicates or copies of such 18 material, suitable for later discovery if requested. 19 Counsel representing each party shall, not later than December 15, 2009, submit to the 20 Court under seal and pursuant to FRCP 11, a statement that the directive in paragraph D, above, 21 has been carried out. 22 IT IS SO ORDERED. 23 24 25 26 27 28 Nov. 13 Dated: __________, 2009. "Preservation" is to be interpreted broadly to accomplish the goal of maintaining the UNIT ED S S DISTRICT TE C TA J o in t M o t io n for Entry of Order Regarding Preservation R Evidence of N J e w e l et al. v. National Security Agency et al., Case No. 08-cv-4373-VRW D E F IS T RIC T O A C LI FO __________________________________________ The Honorable Vaughn R. Walker United States District Chief Judgealker au Judge V ghn R W R NIA OO IT IS S RDERE D RT U O NO RT H

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