Russell Marine, LLC v. Ruiz
Russell Marine, LLC v. Ruiz
Cause No. 2019-65517 (Harris Cnty., TX 2023)
February 28, 2023

Rogers, Dawn,  Judge

Possession Custody Control
Forensic Examination
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Summary
The court has granted a motion to compel the production of electronic storage devices for forensic examination. The defendant must produce the devices within 21 days, and both parties' experts will determine the examination protocol. If the devices were connected to computers, those must also be produced. Additionally, non-privileged hard copies of relevant documents must be produced with metadata intact. This highlights the importance of ESI in legal proceedings.
Additional Decisions
RUSSELL MARINE, LLC
vs.
ESTEBAN RUIZ, FRANK THIELEN And 4X INDUSTRIAL, LLC
Cause No. 2019-65517
District Court of Harris County, Texas
Signed February 28, 2023
Rogers, Dawn, Judge

ORDER

Considering Russell Marine's Motion to Compel the Production of Electronic storage Devices for Purposes of Forensic Examination, and any response(s) thereto, the Court has determined that good cause exists for granting the Motion.  It is hereby

ORDERED that the Plaintiff's Motion is granted. Defendant Esteban Ruiz shall produce the Western Digital "Easy Store" 25FC external hard drive (VIN 70B9E531) and the USB device (UDisk USB Device - 002D37A1, E41AA8B7) (the "Transfer Devices") to Russell Marine's counsel within 21 days of the entry of this Order.  It is further,

ORDERED that Russell Marine's forensic expert, Craig D. Ball, and Defendant's forensic expert, Noel Kersh, shall work together to determine a forensic examination protocol to be applied to the Transfer Devices and any devices to which they were connected.  It is further

ORDERED that if it is determine from the forensic examination that the Transfer Devices were connected to any computers, that the Defendants Esteban Ruiz, Frank Thielen and 4X Industrial, LLC shall produce any such computers within their possession, custody or control within one (1) business day after the experts, or any of them, make that determination. It is further, 

ORDERED that all non-privileged hard copies, together with an electronic copies with all metadata intact, of any Russell Marine documents referred to in Plaintiff's First Amended Petition shall be produced to counsel for Russell Marine within one (1) business day from the date of completion of the forensic examination of the computers.