SPENCER v. POTTSTOWN SCHOOL DISTRICT

Filing 108

MEMORANDUM AND ORDER THAT DEFENDANTS MOTION (DOC. 23) IS GRANTED. PLAINTIFF PRECLUDED FROM USING ALL DOCUMENTS HE IMPERMISSIBLY OBTAINED FROM DEFENDANT: P10, P36-P37, P41, P43-P44, P46-P47, P61-P66, P75-P77, P-105-121, P123-P126, P229-232, P229-232, P539-P540, P550-P552, P555-P557, P585-P587 (DOC. NO. 23-1 AT 2-6; DOC NO. 29 AT 5-6; DOC. NO 60), ETC. PLAINTIFF SHALL PROVIDE HIS COUNSEL ALL COPIES WITHIN HIS POSSESSION OR CONTROL OF THE DOCUMENTS LISTED. PLAINTIFF SHALL PERMANENTLY ERASE OR DESTR OY ALL ELECTRONIC, DIGITAL, OR OTHER STORED VERSIONS OR IMAGES IN WHATEVER MEDIUM OF THE DOCUMENTS IN HIS POSSESSION OR CONTROL. PLAINTIFF SHALL PROVIDE HIS COUNSEL WITH A SWORN CERTIFICATION THAT HE HAS TAKEN ALL THESE ACTIONS. COUNSEL SHALL PROVIDE THE ORIGINAL OF THIS CERTIFICATION TO THE COURT AND A COPY OF THE CERTIFICATION TO POTTSTOWN. PLAINTIFFS COUNSEL SHALL PROVIDE TO POTTSTOWN ALL COPIES OF THE DOCUMENTS LISTED IN 2 PROVIDED BY PLAINTIFF PURSUANT TO THIS ORDER OR OTHERWISE WITHIN COUNSEL'S CONTROL OR POSSESSION. SIGNED BY HONORABLE PAUL S. DIAMOND ON 2/13/18. 2/13/18 ENTERED AND COPIES EMAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ROBERT O. SPENCER,
Plaintiff,
v.
POTTSTOWN SCHOOL DISTRICT,
Defendant.

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Civ. No. 16-5841

ORDER
AND NOW, this 13th day of February, 2018, upon consideration of Defendant’s Motion
to Prohibit Plaintiff’s Use of Misappropriated Confidential and Privileged Documents and for
Return of Documents (Doc. No. 23), Plaintiff’s Response (Doc. No. 29), Defendant’s Reply
(Doc. No. 30), the testimony and exhibits received into evidence at the evidentiary hearings, the
Parties’ Proposed Findings of Facts and Conclusions of Law and Responses (Doc. Nos. 101–
104), and all related submissions it is hereby ORDERED that:
1. The Motion (Doc. No. 23) is GRANTED;
2. Plaintiff is PRECLUDED from using ALL documents he impermissibly obtained
from Defendant: P10, P36–P37, P41, P43–P44, P46–P47, P61–P66, P75–P77, P105–
121, P123–P126, P229–232, P539–P540, P550–P552, P555–P557, P585–P587 (Doc.
No. 23-1 at 2–6; Doc. No. 29 at 5–6; Doc. No. 60); and
3. Neither Plaintiff nor his counsel may keep or retain any copies—in whatever
medium—of the documents listed in ¶ 2. Plaintiff SHALL PROVIDE to his counsel
all copies within his possession or control of the documents listed in ¶ 2. Plaintiff
shall permanently ERASE or DESTROY all electronic, digital, or other stored
versions or images in whatever medium of the documents in his possession or control.
Plaintiff shall PROVIDE his counsel with a sworn certification that he has taken all

these actions. Counsel shall PROVIDE the original of this certification to the Court
and a copy of the certification to Pottstown. Plaintiff’s counsel shall PROVIDE to
Pottstown all copies of the documents listed in ¶ 2 provided by Plaintiff pursuant to
this Order or otherwise within counsel’s control or possession.

AND IT IS SO ORDERED.
/s/ Paul S. Diamond
_________________________
Paul S. Diamond, J.

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