Saturday, October 25, 2008

2008-10-25 Custody or Control Decision Includes Computers at Work or at Home

The Court in Allcare Dental Management, LLC v. Zrinyi, 2008 WL 4649131 (D.Idaho 2008) addresses the scope of a discovery request "custody and control language. The Court held that custody or control expressly included those computing equipment regardless of geographic location.

"Defendants Zrinyi and Greene are further ordered to make available to Plaintiffs' designated computer forensics expert any and all computers and portable or detachable hard-drives in Defendants' possession, custody, or control and used by Defendants since August 24, 2008, including but not limited to any computer or portable or detachable hard drive in their homes or place of business. Defendants shall make available all of the computer equipment described above, at their places of business or residences, to Plaintiffs' designated computer forensics expert immediately upon being served with a copy of this Memorandum Decision and Order."

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