Opinion
No. CV-2011-0814 RB/SMV
02-08-2013
EVA DENISE MONTOYA, Plaintiff; v. MARCUS ROMERO, Defendant
Rachel Higgins. Esquire Attorney for Plaintiff Montoya James P. Lyle, Esquire Attorney for Defendant Romero TERMS OF ORDER ACKNOWLEDGED AND UNDERSTOOD Kenneth M. Hargis Managing Partner Orphic Workshop, LLC
STIPULATED CONFIDENTIALITY ORDER
THIS MATTER Cornea before the Court-on the parties' stipulation regarding inspection of a computer hard drive believed to have bean formerly used by Defendant during the time he was employed with the Cuba Police Department.
The Court, FINDS, that the Motion is well taken and therefore Orders as follows:
1. The computer hard drive in question will be picked up from the offices of James P. Lyle, P.C. by Kenneth M. Hargis, Managing Partner at Orphic Workshop, LLC. Mr. Hargis will, by himself, and outside the presence of any other person, inspect the hard drive to determine if he can locate copies of an audio recording made on September 23, 2010, by former Cuba Police Department Officer Marcus Romero at the Plaintiff's residence in Cuba, New Mexico.
2. Mr. Hargis is specifically prohibited from downloading, storing, recording, describing or otherwise making any type of record or report whatsoever regarding anything stored on the hard drive which is not part of the audio recording described above, other than as necessary to preserve the hard drive by copying to entire hard drive to use as a working copy. For purposes of this Older, the working copy shall be deemed the same as the original and all restrictions contained herein apply to both the working copy and the original.
3. In the event that Mr, Hargis believes that he does or can locate any data or information regarding the audio recording in question, he shall simultaneously notify the attorneys for Plaintiff and Defendant and arrange a mutually agreeable time when all attorneys who desire to be present can attend a session at any mutually convenient and agreeable location and review whatever information or data Mr. Hargis has been able to retrieve. In the event such information is retrieved, the attorneys for the parties will men attempt to agree on a mutually acceptable and reasonable means for preservation, production and presentation of the data or recorded information. If counsel for the parties cannot agree, the issue will be submitted to the Court
4. Mr. Hargis is strictly prohibited from altering, destroying or changing any of die data information on the computer hard drive, or working copy, in any way. After Mr. Hargis has completed his work in this matter, the original computer hard drive and the working copy will be returned to counsel for Defendant
5. By his signature below, Mr. Hargis acknowledges his receipt, review and understanding of the terms and conditions of this Order and further understands that he is bound by this Order fully and completely and subject to potential sanctions should any portion of this Order be violated or disregarded.
_____________________
Stephen Vidmar, U.S. Magistrate Judge
APPROVED: _____________________
Rachel Higgins. Esquire
Attorney for Plaintiff Montoya
_____________________
James P. Lyle, Esquire
Attorney for Defendant Romero
TERMS OF ORDER ACKNOWLEDGED AND UNDERSTOOD: _____________________
Kenneth M. Hargis Managing Partner
Orphic Workshop, LLC