Benedict v. Hewlett-Packard Company

Filing 49

ORDER to Meet and Confer. Signed by Judge Lucy H. Koh on May 10, 2013. (lhklc2, COURT STAFF) (Filed on 5/10/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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ERIC BENEDICT, on behalf of himself and
classes of those similarly situated,

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United States District Court
For the Northern District of California

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Plaintiff,
v.
HEWLETT-PACKARD COMPANY,
Defendant.

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Case No.: 13-CV-0119-LHK

ORDER TO MEET AND CONFER

The Court has reviewed Defendants’ Ex Parte Notice of Application for Temporary

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Restraining Order, Evidence Preservation Order, Order for Expedited Discovery, and Order to

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Show Cause re Issuance of Preliminary Injunction, ECF No. 41; Defendants’ Motion to File First

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Amended Answer and Counterclaims, ECF No. 46; and Plaintiffs’ Opposition to Defendants’ Ex

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Parte Motion, ECF No. 47.

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The Court remains disappointed by the parties’ lack of cooperation and reasonableness in
this case.
The Court is currently presiding over a civil jury trial, and is unable to meet with the

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parties. The Court recommends that the parties identify a third-party litigation vendor that will

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maintain custody of the subject hard drive and all copies of the hard drive pending resolution of

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this issue. The Court further recommends that the parties stipulate to a protocol by which a third

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party neutral can review the contents of the hard drive and segregate material in which Plaintiff

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may assert a reasonable expectation of privacy or ownership from material in which HP asserts a

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property interest, and a process for the parties to challenge any such designation.

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The Court orders the parties to meet and confer to agree upon how to implement the Court’s
recommended solution by Friday, May 10, 2013, at 5:00 p.m.
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Case No.: 13-CV-0119-LHK
ORDER TO MEET AND CONFER

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The parties shall file a joint status report by Friday, May 10, 2013, at 7:00 p.m.

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IT IS SO ORDERED.

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May 10, 2013

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_________________________________
LUCY H. KOH
United States District Judge

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United States District Court
For the Northern District of California

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Case No.: 13-CV-0119-LHK
ORDER TO MEET AND CONFER