PROTECTIVE ORDER REGARDING COPYING AND INSPECTION OF DEFENDANT GARY DOBRY’S COMPUTERS
Pursuant to Magistrate Judge Levin’s Order of November 14, 2001 granting plaintiff Richard Marchese’s (“Marchese”) motion to compel the inspection and copying of certain computers owned by defendant Gary Dobry (“Dobry”), the Court hereby orders the following procedures to be used regarding the inspection and copying of those computers and the treatement of any and all data and/or information obtained as part of the inspection and copying.
1. This inspection process applies to the following computers: Gateway Essential Pentium III, Serial No. 0018044340 located at Dobry’s home; Acer Power Pentium, Serial No. 4200065150 located at Pug’s Boxing & Fitness Center, Inc. these computers were identified by Dobry in his Answer to Interrogatory No. 1 of marchese’s First Set of Interrogatories, dated January 2, 2001, as all computers he has used to post messages on any message boards, send electronic maiil, or enter chat rooms on the Internet. Dobry shall certify within 24 hours of the entry of this Order whether he is or has been in possession or control of computers which he has used to post messages on any message boards, send electronic mail or enter chat rooms on the Internet not previously identified in his Answer to Interrogatory No. 1 of Marchese[‘s] First Set of Interrogatories. This Order for Inspection shall apply to any additional computers identified by Dobry as aforesaid.
2. Pursuant to Marchese’s designation, Jonathan D. Bobb, CPA, of Rome Associates, LLP, and designated assistants also employed by Rome Associates (“Designated Assistants”) shall carry out the inspection and copying of data from Dobry’s designated computers. From the date of this Order, all communications between Bobb or his Designated Assistants and Marchese’s counsel shall take place either in the presence of Dobry’s counsel or through written or electronic communication with a copy to Dobry’s counsel.
3. Within 24 hours after the entry of this Order, Bobb or his Designated Assistants will provide Dobry’s counsel with certification that neither Rome Associates nor Bobb, have, to the best of their knowledge, provided any services to Marchese, Amazon Natural Treasures, Inc., Robert Leslie Deak, Art Perera, Deak Perera Capital markets, Deak International and/or Deak-Perrera prior to their involvement in the instant case. Any prior services provided by Rome Associates and/or Bobb to the foregoing individuals and entitites shall not be a basis for objecting to the designation of Rome associates, Bobb and his Designated Assistants to provide the services set forth in this Order. |
