Peter Kiewit Sons', Inc. v. Wall Street Equity Group, Inc. et al

Filing 149

MEMORANDUM AND ORDER regarding forensic examination and examiner.Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
PETER KIEWIT SONS’, INC.,

)
)
Plaintiff,
)
)
v.
)
)
WALL STREET EQUITY GROUP, INC., )
WALL STREET GROUP OF
)
COMPANIES, INC., SHEPHERD
)
FRIEDMAN, and STEVEN S. WEST,
)
)
Defendants.
)

8:10CV365

MEMORANDUM AND ORDER

The parties cannot agree on who should be retained to perform a forensic examination of
the defendants’ computer equipment. Since the forensic examiner’s testimony may be necessary
at trial, and the trial will be before a jury in Nebraska,
IT IS ORDERED:
1)

The forensic examination of the defendants’ computer equipment will be
performed by Continuum Worldwide, 3333 Farnam Street, Suite 1, Omaha, NE
68131, [phone].

2)

On or before November 16, 2011, the defendants must produce for forensic
examination the three external hard-drives their counsel brought to yesterday's
hearing and the two servers Arthur Bertke moved (one in late July of 2011 and
one on October 5,2011) from the separate Server Room to Defendants' offices in
the McNab Business Plaza.

3)

The examination shall include identifying files containing the word “Kiewit,” and
determining if and, by date, when attempts have been made to “scrub” the hard
drives or remove computer files or entries containing the word “Kiewit.”

4)

In accordance with the court’s local rules, any brief in response to the plaintiff’s
motion for sanctions and for an order requiring the defendants to pay for the
forensic examination of the defendants’ computer files, (filing no. 135), shall be
filed on or before November 21, 2011.
November 9, 2011

BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge