ClearOne Communications, Inc. v. Chiang, 2008 WL 920336 (D. Utah Apr. 1, 2008)
This decision further refines the search protocol to be used to search data from computers used by certain defendants, which were imaged pursuant to two court orders issued in 2007. The second imaging order sought to establish a protocol for searching the mirror images to identify relevant and responsive documents. That protocol was refined in a November 5, 2007 order. The protocol in place required keyword searches by technical experts; review of search result reports by defense counsel for facial claims of privilege; delivery of the reports to plaintiff’s counsel for preliminary assertion of responsiveness; defense counsel’s review for responsiveness and privilege; and delivery of documents and privilege logs.
The parties had agreed on many search terms. Plaintiff had accepted, with five additions, the search terms proposed by defendants in September 2007. The issue decided on this motion related to the five additional search terms proposed by plaintiff, and the conjunctive or disjunctive use of the terms in the searches to be conducted.