Antioch Co. v. Scrapbook Borders, Inc. 2002 U.S. Dist. Lexis 20811 (D. Minn.).
The plaintiff in this action for copyright infringement brought several discovery motions, all aimed at preserving the defendants’ electronic documents. The court, finding that deleted information on the defendants’ computers might be discoverable and relevant, concluded that the plaintiff should be able to attempt to retrieve deleted data.
The court set forth the following protocol: Plaintiff would select a computer forensics expert to create a mirror image of defendants’ computer equipment; defendants would then make available all of their equipment; the expert would inspect and image the equipment. The expert would then report to the court what was produced, and what forensic work the expert performed. The resulting data would be provided to the court and to the defendants. The defendants would then review the data for responsiveness and privilege.
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