Electronic Discovery Law
TRO Requires Defendants to Return Proprietary Materials and Computers to Former Employer, and Provide Affidavit Affirming Compliance and/or Detailing Any Disposal of Items
Cardinal Health 414, Inc. v. Rogers, 2006 WL 1207962 (E.D. La. May 3, 2006)
The court's order enjoined the defendants and their employees or agents from soliciting any current employee of the plaintiff for employment. It also required the defendants to return to the plaintiff, through counsel, "any tangible property (including all copies, recordings and other reproductions), if any at all, in either of their possession owned or provided by Cardinal, which tangible property was not returned to Cardinal at the conclusion of their employment with Cardinal." The property to be returned included:
oAny and all documents which Cardinal has identified as likely containing proprietary and confidential information of Cardinal, including but not limited to any and all information, documents, diskettes, computers, or writings removed and/or copied from Cardinal's offices and pharmacies, without retaining copies thereof
oAny items owned by Cardinal and allegedly removed by defendant Miller from his office located on Cardinal property in Lafayette, Louisiana, including but not limited to his computer
oAny and all customer lists and customer contact information for Cardinal's former and current customers
oAny materials taken from Cardinal which were owned by Cardinal and which [defendants] Miller and Sorrell possess without Cardinal's consent.
The court further directed defendants Miller and Sorrell to execute and deliver to the court and opposing counsel "an affidavit stating that he no longer possesses such items; and, with respect to any items listed above that he did have in his possession upon his termination from Cardinal, but which he has since disposed of, a statement providing the details of said disposal and a detailed description of all good faith efforts, if any, to retrieve items that were disposed of prior to this Order."
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