Dunstan et al v. comScore, Inc.

Filing 236

Plaintiffs' Submission of Proposed Order Governing Production of Plaintiff Dunstan's Hard Drive by Jeff Dunstan, Mike Harris (Attachments: # 1 Exhibit A)(Thomassen, Benjamin)

Exhibit A

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION
MIKE HARRIS and JEFF DUNSTAN,
individually and on behalf of a class of
similarly situated individuals,
Plaintiffs,
v.

Case No. 1:11-cv-5807
Hon. James F. Holderman
Magistrate Judge Young B. Kim

COMSCORE, INC., a Delaware corporation,
Defendant.
[PROPOSED] PROTECTIVE ORDER GOVERNING PRODUCTION OF
PLAINTIFF JEFF DUNSTAN’S HARD DRIVE
In accordance with this Court’s October 16, 2013 Order, (Dkt. 235), it is hereby Ordered
that:
1.

Defendant comScore, Inc. (“comScore”) shall designate an expert (“comScore’s

Expert”) pursuant to the Protective Order entered in this matter, (Dkt. 72), and submit his/her
name and address to the Court by October 22, 2013. For purposes of this Protective Order,
comScore’s Expert shall be __________________________.
2.

Either one (1) day after the entry of this Order or on October 25, 2013, whichever

is later, Plaintiff Dunstan shall provide a full image (the “Image”) of his hard drive, as preserved
by Plaintiffs’ forensic experts, to comScore’s Expert.
3.

Within seven (7) days after delivery of the Image, comScore shall identify for

Plaintiffs and comScore’s Expert the specific information sought from the Image (“comScore’s
Requests”).
4.

comScore’s Expert shall search the Image for the information identified in

comScore’s Requests and transfer responsive data to a separate hard disk (the “Retrieved Data”).

Neither comScore nor its counsel shall be permitted access to the Image, nor be present during
its examination. comScore’s Expert shall not disclose the results of his/her examination of the
Image to comScore without first discussing those results with Plaintiffs’ counsel.
5.

comScore’s Expert will provide the Retrieved Data to Plaintiffs’ counsel who,

within five (5) business days following receipt of the Retrieved Data, may object in good faith to
the production of information retrieved from the Image on any grounds provided for under the
Federal Rules of Civil Procedure. Plaintiffs shall be allowed to remove any materials subject to
the attorney-client privilege or work-product doctrine from the Retrieved Data and add such
materials to a privilege log. Plaintiffs’ counsel shall produce all uncontested information from
the Retrieved Data to comScore’s counsel within seven (7) days after receiving the Retrieved
Data.
6.

If comScore wishes to contest any of Plaintiffs’ objections to the production of

information from the Retrieved Data, contest Plaintiffs’ claims of privilege, or if any other
disputes arise concerning the Retrieved Data, the Parties will first meet and confer to resolve
such disputes and will subsequently submit the matter to the Court if resolution is not achieved.

IT IS SO ORDERED.
Dated this ___day of __________ 2013.

__________________________________
HONORABLE YOUNG B. KIM
UNITED STATES MAGISTRATE JUDGE

2