Filed: Oct. 29, 2014
Latest Update: Oct. 29, 2014
Summary: STIPULATION AND [ PROPOSED ] ORDER RE DATA RECOVERY FROM CELLULAR TELEPHONES ACTIONS KENDALL J. NEWMAN, Magistrate Judge. The parties to this action hereby stipulate to the procedure set forth below for transferring cellular telephones described in Report No. 1211085.6 as Property Items 15 and 16 consisting of a NW5 Samsung Metro PCS cell phone and a NW6 Metro PCS cell phone from the Vallejo Police Department to the forensic examiner designated in the Order below for the purpose of data recove
Summary: STIPULATION AND [ PROPOSED ] ORDER RE DATA RECOVERY FROM CELLULAR TELEPHONES ACTIONS KENDALL J. NEWMAN, Magistrate Judge. The parties to this action hereby stipulate to the procedure set forth below for transferring cellular telephones described in Report No. 1211085.6 as Property Items 15 and 16 consisting of a NW5 Samsung Metro PCS cell phone and a NW6 Metro PCS cell phone from the Vallejo Police Department to the forensic examiner designated in the Order below for the purpose of data recover..
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STIPULATION AND [PROPOSED] ORDER RE DATA RECOVERY FROM CELLULAR TELEPHONES ACTIONS
KENDALL J. NEWMAN, Magistrate Judge.
The parties to this action hereby stipulate to the procedure set forth below for transferring cellular telephones described in Report No. 1211085.6 as Property Items 15 and 16 consisting of a NW5 Samsung Metro PCS cell phone and a NW6 Metro PCS cell phone from the Vallejo Police Department to the forensic examiner designated in the Order below for the purpose of data recovery within the scope described in the Order. All the parties stipulate to the foregoing and to the chain of custody identified in the Order as follows:
GOOD CAUSE having been made to appear and pursuant to the stipulation of all counsel it is ordered that:
The Vallejo Police Department will release to Jones & Dyer cellular telephones described in Report No. 1211085.6 as Property Items 15 and 16 consisting of a NW5 Samsung Metro PCS cell phone and a NW6 Metro PCS cell phone. A representative of Jones & Dyer will sign a receipt for the evidence to maintain the chain of custody. A representative of Jones & Dyer will then deliver the evidence to California Data Recovery, Inc. at 9139 Haverton Court, Elk Grove, California. A representative of California Data Recovery, Inc. will sign a receipt for the evidence to maintain chain of custody. Upon receipt of the evidence, a certified forensic examiner will retrieve available data from each cellular telephone including but not limited to text messages, instant messages, telephone numbers, voice mail messages or any other retrievable data for the period including from September 1, 2012 at 4:30 a.m. to September 3, 2012 at 4:30 a.m.
Upon completion of the data recovery, a report detailing the results and content shall be simultaneously sent by California Data Recovery, Inc. to counsel of record. The report detailing the results and content of data retrieved shall be designated "Confidential Material" pursuant to the Protective Order previously issued by this court [Docket No. 13] except that the report may be disclosed only to the following persons:
a. Counsel for any party to this action.
b. Paralegal, stenographic, clerical and secretarial personnel regularly employed by counsel referred to in 4(a);
c. Court personnel including stenographic reporters engaged in such proceedings as are necessarily incidental to preparation for the trial of this action;
d. Any outside expert or consultant retained in connection with this action, and not otherwise employed by either party; and
e. Any expert designated to testify at trial in this matter.
The parties agree that at the time of trial Plaintiffs may seek orders from the Court to prevent confidential materials disclosed during discovery from being made public during a jury trial.
After the completion of the data recovery, the evidence will be returned to and maintained by the Vallejo Police Department. A representative of the Vallejo Police Department will sign a receipt for the evidence to maintain chain of custody.
All fees for the above-referenced data retrieval are to be paid by Jones & Dyer.
No objection shall be raised by any party regarding admissibility at trial of the evidence related to the data recovery described in this order on the basis that the data recovery and production of the report occur after the close of discovery. All other objections to admissibility of evidence pertaining to the data recovery described in this order are preserved.
ORDER
IT IS SO ORDERED.
