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Legacy Data Access, LLC v. Mediquant, Inc.

United States District Court, W.D. North Carolina, Charlotte Division

March 14, 2017

LEGACY DATA ACCESS, LLC, Plaintiff,
v.
MEDIQUANT, INC., Defendant.

          ORDER

          Frank D. Whitney Chief United States District Judge.

         THIS MATTER is before the Court following a hearing held on March 9, 2017, to resolve issues regarding an examination of third party Jesse Rowland's personal computer. Pursuant to an order from the Northern District of Georgia, a neutral examiner imaged Rowland's privately-owned computer (“Rowland's Computer”) and performed a limited number of keyword searches based on information contained on an S.D. Card that Rowland took with him after he left his employment with Plaintiff. The neutral examiner's report indicates that of the ten search terms queried, there were relevant and non-privileged hits regarding three terms. In short, Plaintiff contended those files contain proprietary information and that Rowland accessed or deleted certain files after Plaintiff served a subpoena to him on January 6, 2017. Plaintiff sought to renew its Motion to Voluntarily Dismiss Without Prejudice (Doc. No. 74) or, in the alternative, requested a continuance to allow further investigation into Rowland's Computer.

         At the conclusion of the hearing, the Court denied Plaintiff's Motion to Voluntarily Dismiss Without Prejudice but continued the case to July 10, 2017. The Court also ordered the parties to submit a proposal for the scope of and procedure for further examination of Rowland's Computer. After considering both parties' proposals (Doc. Nos. 77, 78), the Court will allow additional examination of Rowland's Computer as follows:

         1. Scope of Discovery:

a. Plaintiff may conduct an expert examination of Rowland's Computer to examine information relating to Legacy Data Access (“LDA”) files that Rowland saved on the S.D. Card and had in his possession after he left LDA;
b. If the examiner determines that those LDA files were transferred from Rowland's Computer to other persons or devices, Plaintiff may conduct an expert examination of those devices; and
c. Plaintiff may conduct up to eight (8) hours of depositions related to this additional discovery. These eight hours include depositions of any experts.

         2. Schedule: Assuming Rowland consents to releasing a copy of the neutral examiner's forensic image of Rowland's Computer by March 28, 2017, Plaintiff's proposed expert, Clark Walton, along with a representative selected by Defendant, shall perform the additional examination and analysis pursuant to the following schedule[1]:

a. Walton and Defendant's representative are each permitted to take possession of a copy of the forensic image (E01 or Ex01 format) of Rowland's Computer;
b. The neutral examiner, Greg Freemyer, shall retain the original image of Rowland's Computer that he made in his capacity as a neutral examiner;
c. Plaintiff shall produce its proposed expert report to Defendant by April 21, 2017;
d. Defendant is entitled to depose Plaintiff's proposed expert on or before May 12, 2017;
e. Defendant is entitled to serve a proposed rebuttal expert report to Plaintiff ...

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