BioConvergence LLC v. Attariwala
BioConvergence LLC v. Attariwala
2022 WL 17548015 (S.D. Ind. 2022)
October 5, 2022

Garcia, Mario,  United States Magistrate Judge

Search Terms
Redaction
ESI Protocol
Forensic Examination
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Summary
The Court ordered Singota to identify and provide a Good Faith List of files containing its trade secret or confidential information to Ms. Attariwala. Singota must also maintain a copy of the removed Singota data until the conclusion of the litigation or until further order of the Court. This is to protect the confidential and proprietary information stored in the Electronically Stored Information.
Additional Decisions
BIOCONVERGENCE LLC, d/b/a Singota Solutions, Plaintiff,
v.
Jaspreet ATTARIWALA, Defendant
1:19-cv-1745-SEB-MG
United States District Court, S.D. Indiana, Indianapolis Division
Signed October 05, 2022

Counsel

Christopher C. Murray, Justin A. Allen, Ogletree Deakins Nash Smoak & Stewart, P.C., Indianapolis, IN, for Plaintiff.
Jaspreet Attariwala, Washington, DC, Pro Se.
Garcia, Mario, United States Magistrate Judge

ORDER

*1 On September 12, 2022, the Court entered an Order to Show Cause, [Filing No. 401], in which it asked for input from the parties regarding completing the inspection of pro se Defendant Jaspreet Attariwala's devices and accounts in the possession of Plaintiff Bioconvergence LLC, dba Singota Solutions (“Singota”). More specifically, the Court asked for the parties’ comments on a proposed order for that process. [See Filing No. 401 at 5-6.]
Singota timely filed a response. [Filing No. 409.] Singota's response largely argues with the Court's prior characterization of its searches as producing overinclusive results and Singota generally proceeding in an inefficient manner. [Filing No. 409 at 1-2.] It also submits a joint declaration from two employees of the firm that Singota hired to analyze Ms. Attariwala's devices and data—James Vaughn and Andrew O'Shaunessy. [Filing No. 409-1.] Turning to the Court's proposed order, Singota offers the following substantive comments:
• Instead of redacting customer names from the Good Faith List, it would prefer it if Ms. Attariwala would go to counsel's office to review an unredacted copy of the Good Faith List. [Filing No. 409 at 2.]
• Mr. Vaughn and Mr. O'Shaunessy say that Singota is unable to review the documents outside of the Conceded Data, which it says consists of 16,497 documents, “quickly”(apparently these documents have yet to be manually reviewed), and that while it could perform the review within 28 days, it would cost Singota additional money. [Filing No. 409-1 at 7-8.]
• Mr. Vaughn and Mr. O'Shaunessy also say that they will take longer than three days to delete the files containing Singota ESI from Ms. Attariwala's devices and accounts, and that it would take “10 days or more to do this, and perhaps longer depending on the location of individual Sigota [sic] ESI files to be deleted.” [Filing No. 409-1 at 8.]
• In light of these comments, Mr. Vaughn and Mr. O'Shaunessy propose a different approach where Ms. Attariwala would identify documents on the list of 16,497 documents that she believes are not Singota's (without herself viewing the documents) for further review. Singota would then review those documents and delete all other documents on the list. [Filing No. 409-1 at 9.]
• Mr. Vaughn and Mr. O'Shaunessy also say that “Ms. Attariwala should also authorize IDS to mass delete the PST files and the copies of the Jessie Docs folders” and that for any Singota documents outside of these locations, Singota “should be permitted to propose alternatives for the Court and Ms. Attariwala to consider for removing that ESI” at some unknown time. [Filing No. 409-1 at 9.]
Ms. Attariwala also timely filed a response. [Filing No. 411.] She indicates that she “largely agrees” with the Court's proposal but says Singota should only be given 14 days (rather than 28 days) to provide her with the Good Faith List. [Filing No. 411 at 2.]
Once again, the Court continues to be troubled by the ongoing delay in completing tasks in this case. Fed. R. Civ. P. 1 establishes that judges and litigants are bound “to secure the just, speedy, and inexpensive determination of every action and proceeding.” To that end, “a district court possesses inherent powers that are governed not by rule or statute but by the control necessarily vested in courts to manage their own affairs so as to achieve the orderly and expeditious disposition of cases.” Dietz v. Bouldin, 579 U.S. 40, 45 (2016) (internal quotation marks and citation omitted).
*2 Turning to Singota's comments to the Court's proposed order, Singota's complaints about the amount of work and cost involved in completing the inspection of Ms. Attariwala's devices and accounts ignores the fact that it is Singota that has controlled the search process. It was Singota that decided to search every file on every device and account, rather than proceed in a more commonsense fashion anchored to locations where Ms. Attariwala is known to have copied Singota data. It was Singota who decided to proceed with overbroad search terms. In short, Singota cannot now be heard to complain about the amount of work that it created, and the Court will not allow this case to be further delayed because of Singota's choices. As to Singota's suggestion that Ms. Attariwala should identify the files that she does not want to be deleted from a list, the Court observes that Singota is the party with access to the documents themselves and knowledge about the nature of its own proprietary and confidential information. Finally, the Court observes that Ms. Attariwala has already consented to the deletion of the Conceded Data, [Filing No. 379 at 1-2.]
THEREFORE, the Court ORDERS as follows:
1. Singota shall identify what files, if any, outside of the Conceded Data (as defined in Filing No. 401) it in good faith believes contain its trade secret or confidential information (the “Good Faith List”) that needs to be removed from Ms. Attariwala's devices and accounts. A good faith belief does not include files solely on the list because they returned from Singota's overly broad and overly inclusive key words search.
2. Singota shall provide the Good Faith List to Ms. Attariwala within 28 days of this Order. If a customer name needs to be redacted, Singota shall redact the name only and mark the redaction “CUSTOMER NAME.”
3. Once Ms. Attariwala receives the Good Faith List, she has 14 days to object to the removal of files identified on the Good Faith List.
4. Within 14 days following an order by this Court resolving any disputes about the removal of alleged Singota data, Singota's counsel will ensure Ms. Attariwala's devices and accounts are returned to her. Singota shall maintain a copy of the removed Singota data until the conclusion of this litigation, including any appeals, or until further order of the Court.
5. For purposes of completing the tasks identified in this Order and the Court's prior Orders, Ms. Attariwala and her husband are not waiving and will not be deemed to have waived or diminished, any of its attorney work-product protections, attorney-client privileges or similar protections and privileges.