EFTA00614372.pdf

SEARCY DENNEY MIEWILEALMOIAOKOESCA; SCAKOLA OTAILARASNFE9rnat BARNHART THE TOVVLE HOUSE 2130 PALM BEACH LAKES FANO. 617 NORTH CALHOUN STREET WEST PALM BEACH, FLOM!, 33400 TALLAHASSEE. FL. 32301.1231 P.O.SOX JUG WEST PALM BEACH. FLORIDA 33402 e-SHIPLEY. P.O BOX 1230 TALLAHASSEE. FLOFUOA 32302 aliSpbnith at ati April 12, 2010 ATRUVORYS CLAW Robert D. Critton, Jr., Esquire P0344.3113A WEB-WANES 011FGOAT VARRHARTR Burman, Critton, Luttier & Coleman LLP oRROCE aRS.S.• MR* 303 Banyan Boulevard, Suite 400 BMW R CSPSO enterRS GAIL L 0130424 Pea • West Palm Beach, FL 33401 ORD•DA S FuLMEtt rueS w.OuSTAR2014. JACK , ' HIU. DAY. K. 'Marta* witLiAm IL MO, Re: Epstein v. Edwards, et al csarevL Lew*" vALLAMA.3400106/H Matter No. 291874 MACK S CIRMAR• fORARON 1102 0WOISALES H AWN OC.AOLA 0.4333nAN D SEARCY Dear Mr. Critton: JetNAARIPLEY•" CHRISTOPHER K. SPIED not to destroy, conceal or KAREHG TER.( • C. CRCONTARRINERM By this letter, you and your clients are hereby given notice by and/or stored on your • SHAREHOLDERS alter any paper or electronic files and other data generated disks, backup tapes), or clients' computers and storage media (e.g., hard disks, floppy %ROD CERTIFIED si AST know your clients' failure to , NEW ARSEY any other electronic data, such as voice mail. As you AARACHuSETIS imposed by the Court and comply with this notice can result in severe sanctions being 1 mIssaipn • MARILAND liability in tort for spoliation of evidence or potential evidence. •KOCRICKY • VIROSRA • ROSIIIICTON CC er of documents and things, mut COAL* VMAN RH/446AM Through discovery we expect to obtain from you a numb clients' computer storage including files stored on your clients' computers and your ALMA A oe0A0400 IMACIA Y 0300011 red to provide the data media. In order to avoid spoliation, you must be prepa R•ROY IA con111040 04‘40 w outolil C HOPI potentially relevant DEESORNHN *ARP VIICtNI L LEC44.00. JR. requested on the original media. Do not reuse any media on which ALAS PETER LOVE RIRRSTOPRER J NATO meem w. fiRDICR data is presently stored. MARK P FVCI KAMM, SIACN ents and things from SICW 1.1.10ROI BONNIE R STARK Although we may bring a motion for an order preserving docum ents and things for destruction or alteration, your clients' obligation to preserve docum WALTER &STEM from any order on such discovery in this case arises in law and equity independently motion. reside contain relevant, Electronic documents and the storage media on which they in printed documents. discoverable information beyond that which may be found all documents in their Therefore, even where a paper copy exists, we may seek ents contained on the electronic form along with information about those docum ents that contain unique media. We also may seek paper printouts of only those docum documents containing information after they were printed out (such as paper I S S M WWW.SEARCYLAW.COPA EFTA00614372 Robert D. Critton, Esq. Epstein v. Edwards, et al April 12, 2010 Page 2 ting and , ma rg ina lia , dr aw ing s, annotations, highligh ic handwriting, signatur es r do cu me nts fo r wh ich no corresponding electron y pa pe redactions) along with an files exist. ppy disks and sts ma y as k fo r ce rta in data on the hard disks, flo t readily Our discovery reque en ts' co mp ute rs, so me of which data are no ur cli " backup media used in yo r us er, su ch as "d ele ted " files and "file fragments. mpute available to an ordinary co us er ma y "e ras e" or "delete" a file, all that is really ug h a As you may know, altho a tab le on the ha rd dis k; unless overwritten with t file in u would erased is a reference to tha as int ac t on the disk as any "active" file yo fil e ca n be new data, a "deleted" see in a directory listing. ry d sto rag e me dia tha t ma y be subject to our discove ta an er or destroy, Accordingly, electronic da ar e ob lig ate d to maintain and not alt yo ur cli en ts requests and that the following: include but are not limited to ry: e types subject to discove Description of files and fil and file alo g ele ctr on ic fil es, including "deleted" files 1. All digital or an ad ab le for ma t on ma gn eti c, optical or other storage ine-re uters and fragments, stored in mach s or flo pp y dis ks used by your clients' comp rd dr ive - media, including the ha ha rd dr ive s, ba ck up tap es , floppies, Jaz cartridges, CD er outs or not. their backup media (e.g., oth fil es ha ve been reduced to paper print wh eth er su ch d RO/vLs) or otherwise , are to pr es erv e all of your e-mails, both sent an en ts luding drafts More specifically, your cli ex ter na lly ; all word-processed files, inc ern all y or D received, whether int , inc lud ing dr aft s an d rev isions; all databases; all CA ets and revisions; all spreadshe lud ing drafts and revisions; all pres entation data or de sig n) fil es , inc oint); all (computer-aided pr es en tat ion so ftw are (such as Microsoft PowerP slide shows produced by od uc ed by pro jec t ma na gement software (such as data pr d personal graphs, charts and other rat ed by ca len da ring, task management an ta ge ne Microsoft Project); all da ) so ftw are (su ch as M icr os oft Outlook or Lotus Notes); IM information management (P rso na l da ta as sistants (PDAs), such as PaIm Pilot, RP the us e of pe data all data created with er W ind ow s CE- ba se d or Pocket PC devices; all e broad; Cassiopeia or oth nt management software; all data created with the us e of do cu me d W eb - created with the us gin g an d ro uti ng software; all Internet an ma il log of paper and electronic ca ch es and "cookies" files ge nerated at the his tor y fil es, d on any browser-generat ed ye e an d/o r ag en t in yo ur client's clients' employ an workstation of each emplo an d an y and all other files generated by users through sto rag e me dia ; to voice and all backup d/o r tel ec om mu nic ati on s, including but not limited the use of computers an erv e an y log or log s of ne twork use by employees or es mail. Further, you are to pr susdts EFTA00614373 Robert D. Critton, Esq. Epstein v. Edwards, et al April 12, 2010 Page 3 rve all copies of your otherwise, whether kept in paper or electronic form, and to prese on those tapes, so that backup tapes and the software necessary to reconstruct the data ntiary image copy of the there can be made a complete, bit-by-bit "mirror" evide station) and network storage media of each and every personal computer (and/or work s of all hard drives retained server in your control and custody, as well as image copie by you and no longer in service. dispose of files and Your clients are also not to pack, compress, purge or otherwise . parts of files unless a true and correct copy of such files is made ords, decryption procedures Your clients are also to preserve and not destroy all passw rk access codes, ID (including, if necessary, the software to decrypt the files); netwo or reconstruction names, manuals, tutorials, written instructions, decompression sary to access, view and software, and any and all other information and things neces sting through discovery. (if necessary) reconstruct the electronic data we are reque : With regard to 2. Online Data Storage on Mainframes and Minicomputers your clients' mainframe online storage and/or direct access storage devices attached to any electronic data computers and/or minicomputers: they are not to modify or delete of this letter's delivery, files, "deleted" files and file fragments existing at the time correct copy of each which meet the definitions set forth in this letter, unless a true and to assure that such a such electronic data file has been made and steps have been taken ion. copy will be preserved and accessible for purposes of this litigat Tapes and 3. Offline Data Storage, Backups and Archives, Floppy Diskettes, onic media used for Other Removable Electronic Media: With regard to all electr other media that, at the offline storage, including magnetic tapes and cartridges and ng the criteria listed in time of this letter's delivery, contained any electronic data meeti may result in the loss of paragraph 1 above: Your clients are to stop any activity that r erasure of such such electronic data, including rotation, destruction, overwriting and/o removable electronic media in whole or in part. This request is intended to cover all systems, including media used for data storage in connection with their computer y diskettes and all other magnetic tapes and cartridges, magneto-optical disks, flopp rames or other media, whether used with personal computers, minicomputers or mainf e data sets and other computers, and whether containing backup and/or archiv electronic data, for all of their computer systems. se of any 4. Replacement of Data Storage Devices: Your clients are not to dispo to failure and/or electronic data storage devices and/or media that may be replaced due EFTA00614374 Robert D. Critton, Esq. Epstein v. Edwards, et al April 12, 2010 Page 4 data meeting the criteria upgrade and/or other reasons that may contain electronic listed in paragraph 1 above. and Network 5. Fixed Drives on Stand-Alone Personal Computers ia listed in paragraph 1 Workstations: With regard to electronic data meeting the criter e microcomputers and/or above, which existed on fixed drives attached to stand-alon Your clients are not to alter network workstations at the time of this letter's delivery: dures (such as data or erase such electronic data, and not to perform other proce that may impact such compression and disk de-fragmentation or optimization routines) active files and of data, unless a true and correct copy has been made of such file fragments, copies completely restored versions of such deleted electronic files and les) for all directories and have been made of all directory listings (including hidden fi made to preserve subdirectories containing such files, and arrangements have been copies during the pendency of this litigation. of all application 6. Programs and Utilities: Your clients are to preserve copies data covered by this programs and utilities, which may be used to process electronic letter. ain an activity log to 7. Log of System Modifications: Your clients are to maint that may affect document modifications made to any electronic data processing system the criteria listed in the system's capability to process any electronic data meeting ns were made by paragraph l above, regardless of whether such modificatio employees, contractors, vendors and/or any other third parties. Secretaries 8. Personal Computers Used by Your Employees and/or Their taken in regard to all and Assistants: The following steps should immediately be r their secretaries and personal computers used by your clients' employees and/o assistants. correct a. As to fixed drives attached to such computers: (i) a true and drive s relati ng to copy is to be made of all electronic data on such fixed versions this matter, including all active files and completely restored ory of all deleted electronic files and file fragments; (ii) full direct rector ies listings (including hidden files) for all directories and subdi written; (including bidden directories) on such fixed drives should be until this matter and (iii) such copies and listings are to be preserved reaches its final resolution. sEitsetak EFTA00614375 Robert D. Critton, Esq. Epstein v. Edwards, et al April 12, 2010 Page 5 b. All floppy diskettes, magnetic tapes and cartridges, and other media used in connection with such computers prior to the date of delivery of this letter containing any electronic data relating to this matter are to be collected and put into storage for the duration of this lawsuit. 9. Evidence Created Subsequent to This Letter: With regard to electronic data created subsequent to the date of delivery of this letter, relevant evidence is not be destroyed and your clients are to take whatever steps are appropriate to avoid destruction of evidence. In order to assure that you and your clients' obligation to preserve documents and things will be met, please forward a copy of this letter to all persons and entities with custodial responsibility for the items referred to in this letter. SCAROIA eP Bradley J. Edwards, Esq. Walter A. Stein, Paralegal asES3seta. EFTA00614376