Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On July 29, 2005, the Court held a conference call with the parties. The conference was held on the record. Counsel for the Individual Defendants contended that Plaintiff had breached an agreement concerning information obtained from the computer hard drives of t he Remelskis and M attices. Counsel for Plaintiff disagreed, asserting that there was no vs. Group Vision International, L.L.C., et al., Defendant. Awareness Corporation, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) No. CV-03-2024-PHX-DGC ORDER IN THE UNITED S TATES DIS TRICT COURT FOR THE DIS TRICT OF ARIZONA

clear agreement and that Plaintiff committed no breach. The Court ordered that the Individual Defendants brief this issue as a motion in limine to be filed in connection with other pretrial materials . T he Court stated that the

motion in limine and the response to be filed by Plaintiff shall not exceed ten p ages . The briefing will occur on the schedule for other motions in limine. The Court also ordered that counsel for the Individual Defendants should attempt to obtain documents from the ZIP file in the M arch 10, 2004 email from Plaintiff's counsel, and should notify Plaintiff's counsel if such documents cannot be obtained. Upon

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receiving such notice, Plaintiff's counsel shall promptly hand-deliver printed copies of all the documents to counsel for the Individual Defendants. Counsel for Plaintiff agreed that Plaintiff's forensic comp uter expert will not alter or destroy documents until this issue has been resolved. The Court will consider remedies and s anctions after reviewing the motion in limine to be filed by the Individual Defendants. DATED this 1st day of August, 2005.

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