Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-01207-GMS

Document 115

Filed 04/13/2006

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THE NEUBERGER FIRM
A TTORNEYS AND C OUNSELLORS AT L AW

TWO EAST SEVENTH STREET SUITE 302 WILMINGTON, DELAWARE 19801-3707
WWW.N EUBERGERL AW.COM EMAIL: I NFO@N EUBERGERL AW.COM

T HOMAS S . N EUBERGER, ESQUIRE S TEPHEN J . N EUBERGER, ESQUIRE

PHONE: (302) 655-0582 FAX: (302) 655-9329

April 13, 2006 The Honorable Gregory M. Sleet United States District Court District of Delaware 844 King Street Wilmington, DE 19801 RE:

Via CM/ECF Filing

Price, et al. v. Chaffinch, et al., C.A. No. 04-956-GMS Foraker v. Chaffinch, et al., C.A. No. 04-1207-GMS Independent Expert Computer Forensic Consultants

Dear Judge Sleet: Due to the time sensitive nature of this issue with a trial date looming, and in accord with the Court's Order of April 12, 2006, plaintiffs respectfully submit the following names of two independent expert computer forensic consultants to aid the Court in its analysis of the spoliation of evidence issues presently before it.1 Mr. Warren Kruse Computer Forensic Services, LLC 1 Industrial Way West, Bld. B Eatontown, NJ 07724 732-544-8080, ext. 11 (office) [email protected] http://www.computer-forensic.com

Plaintiffs note that defendants have previously represented in writing that they are unable to even find the hard drive that is at the center of this issue. (See A75 - D.I. 89 in the Price action - in response to a discovery request for Chaffinch's hard drive itself, noting that in addition to being wiped, the drive has been "reassigned to an unknown user" and thus cannot be found).

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Case 1:04-cv-01207-GMS The Honorable Gregory M. Sleet April 13, 2006 Page 2

Document 115

Filed 04/13/2006

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In addition to an extensive career throughout the globe working on computer forensics issues, Mr. Kruse also has written and taught extensively on the same topic. He was the recent 2005 President of the High Technology Crime Investigation Association. His full resume can be found at the following web address: http://www.computer-forensic.com/kruse.html. Mr. Alan J. Garretson Garretson Consulting, Inc. 621 Kerns Mountain Lane New Market, VA 22814-3255 [email protected] 540-740-8373 (office) 703-867-8373 (cell) Mr. Garretson is a retired FBI Computer Forensic Examiner who, following his career with the FBI, opened his own computer forensic consulting firm. One of the many cases he is currently working on is the class action civil rights case against Walmart. I note that Mr. Garretson is expected to be working in Arkansas beginning April 17th and for two weeks thereafter. He can still be reached by cell-phone and has indicated that he would be able to do the examination if the proper computer hard drive "image" is sent to him per proper forensic norms. Lastly, to the best of plaintiffs' knowledge, defendant Chaffinch did not work with either of these experts or their companies when he served as the Information Technology Major for the Delaware State Police, in charge of all IT and computer issues for the Division.

Respectfully submitted, /s/ Stephen J. Neuberger Attorney for Plaintiffs cc: Thomas S. Neuberger, Esq. (via CM/ECF) Martin D. Haverly, Esq. (via CM/ECF) Richard M. Donaldson (via CM/ECF)

FTU \ Letters \ Sleet.07