Date: 2005-02-16 Docket: 05-CL-5690;05-CL-5716. J. M. Farley J. |

Plaintiff had sought Anton Piller relief. Defendant's counsel had given an undertaking to preserve the information that was interpreted in the context of it being the equivalent of an AP order but without any ability of the plaintiffs or their counsel having any access to review or otherwise see anything which is obtained. A forensic company (Zawaig) was retained to execute the preservation. They were "to have access for imaging and storing in a safe manner the contents of computers, Blackberries and other types of similar electronic devices of every nature and kind as to which the defendants have in their possession, power, ownership, use or control, directly and indirectly.  This would include the Casey/Zwaig team having access to such devices wheresoever located, including at any office or home (but not restricted to such locations) whether or not said to be owned or used by others including spouses, children or other relatives as such would be accessed during a normal AP order execution of a home or other location.  I would assume that it would not be necessary to image and store the contents of any such device said to be used by others (and not by the defendants) if on an overall review of the contents, it is obvious that the device in fact does not contain any contents of interest in these proceedings.  The defendants should also certify that they have not utilized the services of some other person or some other electronic device to send or receive messages and other relevant material; similarly that they have not done anything since the January 4, 2005 hearing to delete anything." In regard to the process, "The defendants are to provide a schedule forthwith (I trust within a day or two) of a listing of all subject electronic devices including make, model, serial number if applicable and location in a form acceptable to the Casey/Zwaig team after consultation." Regarding third party sources, "Counsel will jointly send a letter to all independent (sic) server providers (ISP) over and above those already contacted, which have acknowledged they will preserve any relevant material in their respective servers."