Reeves & Associates, PLC v. Muller

Filing 58

ORDER DENYING MOTION TO HOLD DEFENDANT IN CONTEMPT re 34 Ex Parte Application For An Order To Show Case Why Defendant Should Not Be Held In Contempt Of The Court's October 14, 2011 Stipulated Order Granting Injuctive Relief and Protective Order filed by Reeves & Associates, PLC, 41 Order on Ex Parte Application, (whalc2, COURT STAFF) (Filed on 2/14/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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REEVES & ASSOCIATES, PLC,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 11-04762 WHA

v.
MATTHEW D. MULLER, and
DOES 1–25, inclusive,

ORDER DENYING MOTION TO
HOLD DEFENDANT IN CONTEMPT

Defendants.
/

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As set forth in prior orders (see Dkt. No. 41), plaintiff Reeves & Associates, PLC, filed an

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ex parte motion requesting an order requiring defendant Matthew Muller to show cause for why

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he should not be held in contempt for violating a stipulated injunction and protective order. That

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stipulation was entered by the Court (Dkt. No. 24) and the parties stipulated to a voluntary

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dismissal with prejudice on October 24, 2011 (Dkt. No. 29).

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The stipulated injunction provided that by one p.m. on October 14, 2011, Attorney

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Matthew Muller would deliver the drives in question “to Dataway (or, if Dataway is unable,

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another mutually agreed upon firm specializing in computer security and forensics) . . .”

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Attorney Muller did so, delivering the drives to Dataway (a firm selected by plaintiff and written

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into the agreement). After many months, Dataway declined to proceed to map the drives and to

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do the analysis sought by plaintiff.

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Following an evidentiary hearing on February 14, the Court orders as follows:

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1)

The hard drive(s) at issue shall be turned over to Precision

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Discovery by Dataway only after Precision Discovery

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agrees in advance that it has read the stipulated injunction

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and protective order, understands it, and agrees to perform

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the services described therein, and will be paid by plaintiff

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Reeves & Associates.

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2)

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turn over the hard drive(s) at issue to Precision Discovery.
3)

Plaintiff Reeves & Associates will bear all costs associated

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For the Northern District of California

United States District Court

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If Precision Discovery so certifies, Dataway shall promptly

with the foregoing and with the subsequent mapping

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analysis, with the proviso that if the analysis demonstrates

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that defendant was clearly guilty of misappropriation or

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theft, then defendant will be required to pay half the costs.

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Except to the limited extent stated above, the motion to hold defendant Attorney Muller in
contempt and for attorney’s fees is DENIED.

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IT IS SO ORDERED.

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Dated: February 14, 2013.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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