Dunstan et al v. comScore, Inc.

Filing 240

PROTECTIVE Order Governing Production of Plaintiff Jeff Dunstan's Hard Drive Signed by the Honorable Young B. Kim on 10/23/2013. (ma,)

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

No. 11 CV 5807

Plaintiffs,
v.

Magistrate Judge Young B. Kim

COMSCORE, INC.,
a Delaware corporation,

October 23, 2013

Defendant.
PROTECTIVE ORDER GOVERNING
PRODUCTION OF PLAINTIFF JEFF DUNSTAN’S HARD DRIVE
In accordance with this court’s October 16, 2013 Order, it is hereby ordered
that:
1.

For purposes of this Protective Order, comScore’s Expert shall be

Mr. Mike Perry of Elysium Digital LLC, 2 Oliver Street, 11th Floor, Boston, MA
02109. comScore’s Expert will be subject to sanctions if he fails to comply with this
order.
2.

Plaintiff Dunstan shall provide a full image (the “Image”) of his hard

drive, as preserved by Plaintiffs’ forensic experts, to comScore’s Expert by October
25, 2013. comScore’s Expert may duplicate the Image upon receipt in order to use
the duplicate for inspection.
3.

comScore’s Expert shall conduct his search and transfer the data

requested by comScore (the “Retrieved Data”) to a separate data storage device and

then make a duplicate of the same. This step must be completed by November 1,
2013.
4.

Then comScore’s Expert is ordered to provide the following to

Plaintiffs’ counsel by November 1, 2013: (a) a duplicate of the Retrieved Data; (b) a
report describing the Retrieved Data and his email address; (c) the Image provided
by Plaintiffs; and (d) a declaration that the duplicate of the Image used for his
examination was erased, along with the method he used to erase the duplicate.
After this step is completed, comScore’s Expert should have only one copy of the
Retrieved Data.
5.

Neither comScore nor its counsel shall be permitted access to the

Image or the Retrieved Data nor be present during its examination. comScore’s
Expert shall not show or disclose the Retrieved Data to comScore unless the court
orders its release or Plaintiffs’ counsel authorizes its release in writing.
6.

If there are materials among the Retrieved Data that should not be

disclosed to comScore (“Disputed Data”), Plaintiffs’ counsel then has until
November 5, 2013, to confer about the materials with comScore.

If the matter

cannot be resolved, Plaintiffs have until November 11, 2013, to move to exclude the
Disputed Data from disclosure on any grounds provided for under the Federal Rules
of Civil Procedure and notice the motion for November 15, 2013. Plaintiffs are to
remove the Disputed Data from the Retrieved Data and transfer them to a separate
storage device. Plaintiffs must then provide the Retrieved Data to comScore minus
the Contested Data at the same time they file their motion to exclude.

2

If a

protective order is necessary to limit the access to this information, Plaintiffs should
first confer with comScore. The court will then issue a follow-up order providing
additional directions pertaining to the Retrieved Data and Contested Data when it
rules on the motion.
7.

If there is nothing to dispute, Plaintiffs must contact comScore’s

Expert in writing authorizing the release of the Retrieved Data by November 11,
2013.
8.

If the steps the court orders here are technically not possible, too

cumbersome or expensive, the court grants the parties leave to agree on an
alternative methodology or protocol for segregating the data as needed.
IT IS SO ORDERED.

__________________________________________
Young B. Kim
United States Magistrate Judge

3