Petition for TRO and Order to Show Cause 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

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 ¹

The Petitioner, _____________, by and through his attorneys, hereby prays that this honorable court issue its Temporary Restraining Order restraining the Respondent, its employees, agents, assigns, representatives, successors and those acting in concert or participation with any one of them from accessing, using or booting the Respondent’s computers until Petitioner can secure a mirror image bit stream backup of the hard drives of those computers, and that the order further require Respondent to appear before this court on ___________, 20__, to show cause if any it has why the Temporary Restraining Order issued herein should not be converted into a Preliminary Injunction, dissolvable upon the securing of the requested backup. Petitioners in support hereof allege:

1. A substantial portion, if not all, of the material evidence in this case consists of computerized data and files that are embedded or stored in one or more of the Respondent’s computers,² located at _____________________________ in the city of ___________________________, state of _______________.

2. Computerized documents can be erased with extreme speed and little effort. And, while such data can sometimes be reconstructed, the reconstruction process is often time consuming and costly. Therefore, documents that are critical and material subjects of...