the plaintiff sued several former employees and their newly formed company for unlawfully using the plaintiff's computers to remove proprietary information and trade secrets to “sabotage [the] plaintiff's business relationships and divert [the] plaintiff's business to themselves.”
2006 WL 3825291, at *1, *3. Specifically, the plaintiff alleged that the defendants had forwarded trade secrets to their personal e-mail accounts while employed by the plaintiff. Id.
Asserting that this information may have been further transmitted to others or deleted to hide the defendants' actions, the plaintiff requested that the court compel the defendants to, among other things, produce a mirror image of their personal home computers' hard drives. Id.
at *3. The defendants objected to this request as “overbroad, vague, burdensome, and call[ing] for irrelevant information.” Id.
at *2. The defendants also argued that they had already searched for and disclosed responsive information from their hard drives. Id.
at *3. The court noted, however, that some electronically stored information “might not be obtained during a typical search” of the hard drives. Id.
In fact, the court found specific evidence establishing the defendants had not
produced all responsive documents from their computers. Id.