Breuninger, et al v. T. Edward Williams, et al

Filing 302

ORDER: Accordingly, by July 11, 2024, Plaintiff shall provide an affidavit or declaration from Plaintiffs vendor describing the attempts made to obtain access to the laptop, the time and cost expended in doing so, and the estimated time and cost of additional work that would be required to obtain access and what the likelihood of success would be if such efforts were undertaken. SO ORDERED. Copies transmitted this date to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 7/3/2024) (mml)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------X RICHARD BREUINGER and ITGA, LLC, : : Plaintiffs, : : - against : : : T. EDWARD WILLIAMS et al., : : Defendants. : : ---------------------------------------------------------------X 07/03/2024 20-CV-7033 (JPC) (RWL) ORDER ROBERT W. LEHRBURGER, United States Magistrate Judge. The Court has reviewed Plaintiff's letter at Dkt. 301 responding to that part of the Court’s May 28, 2024 Order concerning efforts made to “crack” the password to Plaintiff’s laptop computer. Most of Plaintiff’s letter does not directly address the issue identified by the Court. The only directly responsive information states that “Plaintiff’s vendor attempted but was unable to crack the encryption key. While an encryption key could, potentially, be ‘hacked’, Plaintiff’s counsel understands that is cost prohibitive.” (Dkt. 301 at 2.) Such a conclusory statement is not satisfactory. A party claiming burden must set forth specific facts sufficient to support that claim. Accordingly, by July 11, 2024, Plaintiff shall provide an affidavit or declaration from Plaintiff’s vendor describing the attempts made to obtain access to the laptop, the time and cost expended in doing so, and the estimated time and cost of additional work that would be required to obtain access and what the likelihood of success would be if such efforts were undertaken. 1 SO ORDERED. _________________________________ ROBERT W. LEHRBURGER UNITED STATES MAGISTRATE JUDGE Dated: July 3, 2024 New York, New York Copies transmitted this date to all counsel of record. 2

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