United States District Court, D. South Carolina, Greenville Division
T&S Brass and Bronze Works, Inc. and EnviroPure Systems, LLC, Plaintiffs,
James Slanina, Linda Basinger, Advantago, Inc. d/b/a Advantagreen, and Opus Distribution, Inc. Defendants.
ORDER GRANTING AS MODIFIED PLAINTIFFS' MOTION FOR
ENTRY OF PROTOCOL FOR SEARCHES OF ELECTRONIC DEVICES
Geiger Lewis United States District Judge.
HEREBY ORDERED that the following protocol will govern the
examination of devices containing electronic files agreed to
or ordered to be produced in this action
(“Device(s)”) on or after the date of this Order,
as well as the handling of information derived from the same:
party seeking discovery that necessitates a forensic search
or analysis of computer devices (“Requesting
Party”) will designate a computer forensic contractor
(“Consultant”). All searches and reports produced
will be conducted and produced by a licensed private
investigator pursuant to S.C. Code § 40-18-20 et seq.
Counsel for the party producing the Devices (“Producing
Party”) will meet with the Consultant at the office of
counsel for the Producing Party or other mutually agreed upon
location and will deliver responsive Devices to the
Consultant. The Producing Party also will provide the
Consultant with any passwords/passcodes or other keys
necessary to access all data on each Device produced. The
Consultant will not disclose the password/passcode or keys to
the Requesting Party.
Consultant will create mirror images of the Devices and may
conduct forensic examinations of such images of the Devices
in accordance with the terms and conditions of this Order.
(See ¶ 15).
Consultant and/or representative of an Approved Consultant
who is involved in this litigation in any way, including but
not limited to the imaging, examination, compilation, use or
disclosure of data from any Devices, is bound by the terms of
this Order, and counsel for Requesting Party shall provide a
copy of this Order to each Consultant so involved.
Consultant may create forensic mirror images of any of the
Devices (hereinafter the “Forensic Image”) in a
format that can be searched by Consultant. Whenever a
Forensic Image is created, the Consultant shall
simultaneously create an exact duplicate “read
only” mirror image (hereinafter the “Read Only
Image”) in a format that preserves and secures the
original images from the Devices. The Read Only Image shall
only be used for creating additional Forensic Images, if
necessary. (The Forensic Images and Read Only Images are
collectively referred to hereafter as the
creation of the Images will occur either at the office of
counsel for the Producing Party or at another
After Images are created and processed, Consultant shall
return the Devices to the office of the Producing Party's
Requesting Party will submit to counsel for Producing Party a
list of search terms to be used in searching the Forensic
Images. Counsel for Producing Party shall have seven (7)
calendar days from receipt of this list to raise any
objections to the term search list. The Consultant may
proceed with searches using the terms to which the Producing
Party has not objected.
Requesting Party's request and expense, the Consultant
may conduct a search of the Forensic Images to locate
documents and/or files containing the approved search terms.
The results of this search will be the ‘‘Search
Results.'' The search of the Forensic Images may
occur either at a lab or office at which such work is
regularly performed by Consultant in South Carolina.
Depending on the volume of the Search Results, Producing
Party's Counsel may review the Search Results in a hard
copy list format, or electronically in a review platform.
Counsel for Producing Party will review the Search Results
and within 14 calendar days of receiving the Search Results
shall identify for Requesting Party's Counsel any
files/documents for which (s)he raises an objection as to the
production of such information to Requesting Party. In the
event Producing Party's Counsel needs additional time to
conduct this review, he may request a reasonable extension of
this time period to complete his review, which shall not be
unreasonably denied. Any files to which Producing Party does
not assert an objection within the review period will then be
provided to Requesting Party's Counsel by the Consultant.
Requesting Party must respond to any objection within 7
calendar days, but shall not be provided copies of the