Petition for TRO and Order to Show Prohibiting Defendant from Accessing its Computers Pending the Inspection of Mirror Image Bit Stream Backups of all Relevant Electronic Data

UNITED STATES DISTRICT COURT

FOR A SAMPLE DISTRICT

________________________________

) Case [Form] No.: 3.3

_______________, )

Plaintiff, )

)

v. )

)

_______________, )

Defendant )

________________________________ )

Petitioner: __________________

Respondent: ________________

[Address of Respondent] _____________

__________________________________

PETITION FOR TEMPORARY RESTRAINING ORDER

AND ORDER TO SHOW CAUSE

PROHIBITING DEFENDANT FROM

ACCESSING, USING OR BOOTING ITS COMPUTERS

PENDING THE INSPECTION AND PRODUCTION OF

MIRROR IMAGE BIT STREAM BACKUPS OF

ALL RELEVANT ELECTRONIC DATA

The Respondent, _____________, by and through his attorneys, hereby requests that this honorable court deny the relief requested by the Petitioner for the following reasons:¹

1. Respondent admits that documents relevant to this case may be contained in computerized data and files that are embedded or stored in one or more of the Respondent’s computers; however, all documents that are relevant and material to the litigation have also been converted into hard copies that will be made available to Petitioner upon a proper request for production.²

2. Respondent acknowledges that computerized documents can be erased with extreme speed and little effort; however, the Respondent herein has not erased nor deleted any files except in the ordinary course of the Respondent’s business.³

3. Respondent denies that “computerized information” is forever altered by mere “access.” Only external “housekeeping information” relating to the dates and times of “last access” are altered. The substantive information contained within the files themselves...