UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
May 10, 2013
ERIC BENEDICT, ON BEHALF OF HIMSELF AND CLASSES OF THOSE SIMILARLY SITUATED,
The opinion of the court was delivered by: Lucy H. Koh United States District Judge
ORDER TO MEET AND CONFER
United States District Court For the Northern District of California
The Court has reviewed Defendants' Ex Parte Notice of Application for Temporary Restraining Order, Evidence Preservation Order, Order for Expedited Discovery, and Order to Show Cause re Issuance of Preliminary Injunction, ECF No. 41; Defendants' Motion to File First Amended Answer and Counterclaims, ECF No. 46; and Plaintiffs' Opposition to Defendants' Ex Parte Motion, ECF No. 47.
The Court remains disappointed by the parties' lack of cooperation and reasonableness in this case.
The Court is currently presiding over a civil jury trial, and is unable to meet with the parties. The Court recommends that the parties identify a third-party litigation vendor that will maintain custody of the subject hard drive and all copies of the hard drive pending resolution of this issue. The Court further recommends that the parties stipulate to a protocol by which a third party neutral can review the contents of the hard drive and segregate material in which Plaintiff may assert a reasonable expectation of privacy or ownership from material in which HP asserts a property interest, and a process for the parties to challenge any such designation.
The Court orders the parties to meet and confer to agree upon how to implement the Court's recommended solution by Friday, May 10, 2013, at 5:00 p.m.
The parties shall file a joint status report by Friday, May 10, 2013, at 7:00 p.m.
IT IS SO ORDERED.
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