Opinion
Case No. 1:12-mc-76
03-04-2013
E 3 BIOFUELS, LLC, Plaintiff, v. BIOTHANE CORPORATION and PERENNIAL ENERGY, INC., Defendants.
Spiegel, J.
Litkovitz, M.J.
ORDER
This matter is before the Court following a telephonic status conference held on March 4, 2013, regarding information subpoenaed by petitioner Perennial Energy, Inc.'s (PEI) from non-party Katzen International, Inc. (Katzen). Following a discussion of the progress made by PEI and Katzen, an agreement was reached regarding the manner in which the requested information will be culled from Katzen's computers. Katzen is to identify a neutral, Cincinnati-based third-party vendor who will, on behalf of PEI, work with Katzen's computer expert to perform the requisite searches to obtain the subpoenaed information. PEI will have authority to accept or reject the identified vendor based on criteria such as experience and cost.
Regarding the information technology costs incurred by Katzen, counsel for Katzen shall provide a statement of costs incurred to date to counsel for PEI, including the hourly fee of its computer expert and the time spent in preparing Katzen's response to PEI's subpoena. Further, upon identification and acceptance of the neutral, third-party vendor, the vendor and Katzen's expert shall provide an estimate of the time and costs that will be incurred in the initial culling of information from Katzen's computer systems.
A status conference in this matter is set for March 18, 2013 at 3:00 p.m., at which time counsel for Katzen and PEI will update the Court as to the status of the retention of a neutral, third-party vendor.
IT IS SO ORDERED.
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Karen L. Litkovitz
United States Magistrate Judge