SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
LUMOS ANALYTICS INC., a Delaware corporation,
Plaintiff,
v.
NOVASPARK TECHNOLOGIES INC., a Delaware corporation; RAJIV ANAND, an individual; SERENA MALLICK, an individual; and DEREK YUN, an individual,
Defendants.
STIPULATION APPOINTING NEUTRAL FORENSIC EXAMINER
Plaintiff Lumos Analytics Inc. ("Lumos" or "Plaintiff"), by and through its counsel of record, Calderwood & Harkness LLP, and Defendants NovaSpark Technologies Inc. ("NovaSpark"), Rajiv Anand, Serena Mallick, and Derek Yun (collectively, "Defendants"), by and through their counsel of record, Whitfield, Raines & Gerber LLP (Plaintiff and Defendants are referred to collectively herein as the "Parties"), hereby stipulate and agree as follows:
RECITALS
WHEREAS, on January 23, 2023, this Court entered a Temporary Restraining Order in this action, and on February 17, 2023, after full briefing and oral argument, this Court entered a Preliminary Injunction Order (the "Preliminary Injunction Order"), which, among other things, enjoined Defendants from possessing, using, disclosing, transmitting, or exploiting Lumos's trade secrets and confidential proprietary information, and further required the preservation of all electronic devices, storage media, cloud accounts, and related digital repositories in the possession, custody, or control of Defendants, pending further order of this Court;
WHEREAS, the Parties recognize the need for a neutral, independent forensic examination of certain devices, systems, and digital storage media in the possession or control of Defendants and NovaSpark, in order to identify, preserve, and analyze Lumos proprietary materials, and to facilitate full compliance with the Preliminary Injunction Order;
WHEREAS, the Parties have conferred in good faith, both directly and through their respective counsel, regarding the selection of a qualified and independent digital forensics firm to conduct the forensic examination contemplated herein;
WHEREAS, following such conferral, the Parties have agreed upon the appointment of Brindoval Digital Forensics LLC ("Brindoval") as the neutral forensic examiner in this action, and have further agreed upon the scope, procedures, timeline, cost allocation, and other terms governing the forensic examination as set forth more fully below;
NOW, THEREFORE, the Parties stipulate and agree as follows:
Section 1: Appointment of Neutral Forensic Examiner
1.1. The Parties hereby stipulate to the appointment of Brindoval Digital Forensics LLC, located at 1901 Harrison Street, Suite 600, Oakland, California 94612, as the neutral forensic examiner in this action.
1.2. The forensic examination shall be conducted under the direction of Dr. Irene Chow, Managing Director and Lead Forensic Examiner, and Kevin Barr, Senior Forensic Analyst, of Brindoval Digital Forensics LLC. Dr. Chow shall serve as the primary point of contact for the forensic examination and shall be responsible for supervising all forensic imaging, analysis, and reporting activities. Mr. Barr shall serve as the senior analyst supporting Dr. Chow in the execution of all examination activities described herein.
1.3. Brindoval shall serve as a neutral, independent examiner and shall not act as an advocate, consultant, or agent for either Party. Brindoval's duties and obligations shall be to the Court and to both Parties equally, and Brindoval shall at all times maintain its independence and impartiality in carrying out the forensic examination.
1.4. Brindoval, and all of its employees, subcontractors, and agents involved in the forensic examination, shall be subject to the Stipulated Protective Order to be entered in this action (the "Protective Order"). To the extent the Protective Order has not yet been entered by the Court at the time Brindoval commences work, Brindoval shall comply with the draft Stipulated Protective Order as agreed upon by the Parties, and shall execute any acknowledgment or undertaking required thereunder, including but not limited to any required nondisclosure undertaking, prior to commencing any forensic examination activities.
Section 2: Scope of Forensic Examination
2.1. Devices and Systems Subject to Examination
The forensic examination shall encompass the following devices, systems, and accounts:
(a) NovaSpark Corporate Systems. All NovaSpark Technologies Inc. servers, workstations, and networked storage systems located at or accessible from NovaSpark's principal place of business at 88 Bluxome Street, Floor 4, San Francisco, California 94107, or any other location where NovaSpark maintains or stores electronic data, including without limitation any co-located servers, cloud-hosted virtual machines, or third-party data centers utilized by NovaSpark.
(b) Personal Devices of Defendant Rajiv Anand. All personal electronic devices in the possession, custody, or control of Defendant Rajiv Anand, including but not limited to laptops, desktop computers, mobile phones, tablets, and external storage drives that were used by Defendant Anand at any time during his employment with Lumos or during his subsequent employment or association with NovaSpark.
(c) Personal Devices of Defendant Serena Mallick. All personal electronic devices in the possession, custody, or control of Defendant Serena Mallick, including but not limited to laptops, desktop computers, mobile phones, tablets, and external storage drives, including specifically the external USB drive bearing serial number WD-4837291, which was identified in Plaintiff's declaration in support of the Preliminary Injunction as having been used by Defendant Mallick to transfer files from Lumos systems on or about September 14, 2022.
(d) Personal Devices of Defendant Derek Yun. All personal electronic devices in the possession, custody, or control of Defendant Derek Yun, including but not limited to laptops, desktop computers, mobile phones, tablets, and external storage drives that were used by Defendant Yun at any time during his employment with Lumos or during his subsequent employment or association with NovaSpark.
(e) Summary of Identified Devices. As of the date of this Stipulation, the Parties have identified the following devices for forensic imaging: three (3) laptops (one per individual Defendant), two (2) mobile phones, and two (2) external storage drives. The Parties acknowledge that additional devices may be identified during the course of the forensic examination and that any such devices shall be subject to examination upon agreement of the Parties or order of the Court.
(f) Cloud Storage Accounts. All cloud storage accounts and email accounts associated with any Defendant that may contain Lumos proprietary materials, including but not limited to: (i) the personal Hollowell Health IT account used by Defendant Rajiv Anand; (ii) the personal Larkspur Technologies account used by Defendant Derek Yun; (iii) the personal email account r.anand.personal@vaultmail.com used by Defendant Rajiv Anand; and (iv) any other cloud storage, email, or file-sharing accounts identified by the Parties as potentially containing Lumos proprietary materials. The Parties shall confer in good faith regarding the identification of any additional cloud accounts within seven (7) calendar days of the entry of the order approving this Stipulation.
2.2. Categories of Materials to Be Identified
Brindoval shall conduct the forensic examination with the objective of identifying, preserving, and cataloguing any and all Lumos proprietary materials, including but not limited to materials within the following five (5) categories of trade secrets identified in Plaintiff's Verified Complaint (filed January 19, 2023) and the Preliminary Injunction Order:
(a) The LumosEdge ensemble machine-learning model architecture, including proprietary neural-network topology, hyperparameter configurations, model weights, training scripts, and associated documentation;
(b) Proprietary feature-engineering libraries containing two thousand eight hundred forty-seven (2,847) individual engineered features for financial signal generation, including feature definitions, transformation logic, and dependency mappings;
(c) The "DataStream" ETL (extract, transform, load) pipeline codebase and data-schema definitions covering ingestion from forty-three (43) alternative-data vendors, including source-code files, configuration scripts, data dictionaries, vendor API integration specifications, and related technical documentation;
(d) Curated and labeled training datasets of approximately fourteen and six-tenths (14.6) terabytes of historical financial and alternative data, including any subsets, samples, or derivative datasets derived therefrom; and
(e) Confidential product roadmap documents, including but not limited to the thirty-seven (37)-page "LumosEdge 3.0" product roadmap and specifications for 2023–2025, strategic planning documents, competitive analyses, customer acquisition strategies, and internal presentations related thereto.
In addition to the foregoing categories, Brindoval shall identify, preserve, and catalogue any derivative works, copies, excerpts, summaries, compilations, or modifications of the foregoing materials, regardless of the format, file name, or file type in which such materials are stored.
2.3. Forensic Examination Activities
Brindoval shall perform the following activities in connection with the forensic examination:
(a) Forensic Imaging. Creation of forensic images (bit-for-bit copies) of all devices, systems, and cloud accounts identified in Section 2.1, using industry-standard forensic imaging tools and methodologies, including but not limited to Penrose Technologies, Calderon Technologies, and Sundial Services Inc. (or equivalent tools as appropriate to the device type). All forensic images shall be verified through hash-value comparison (MD5 and SHA-256) to confirm the integrity and completeness of each image.
(b) File System and Metadata Analysis. Analysis of file systems, metadata, timestamps, access logs, deletion logs, recycle bin contents, file-transfer histories, USB connection logs, and network activity logs on each device and system subject to examination. Brindoval shall document all relevant metadata findings, including file creation dates, last-modified dates, last-accessed dates, and any evidence of file deletion, alteration, or overwriting.
(c) File Identification and Matching. Identification of files matching known Lumos proprietary materials through hash-value comparison (using hash sets provided by Plaintiff), keyword searching (using search terms agreed upon by the Parties or, in the absence of agreement, as directed by the Court), file-name matching, and manual review of files that cannot be conclusively identified through automated methods.
(d) Chain of Custody Documentation. Documentation of the chain of custody for all forensic images and evidence, including the identity of all individuals who handle or access forensic images, the dates and times of access, and the purpose of each access event.
(e) Secure Preservation. Preservation of all forensic images in secure, AES-256 encrypted storage maintained by Brindoval at its offices at 1901 Harrison Street, Suite 600, Oakland, California 94612. Brindoval shall maintain backup copies of all forensic images in a geographically separate secure facility, and shall implement appropriate physical and logical access controls to prevent unauthorized access to forensic images and related work product.
Section 3: Timeline for Forensic Examination
3.1. Commencement of Forensic Imaging. Brindoval shall commence forensic imaging within fourteen (14) calendar days of the entry of the order approving this Stipulation. Based on the anticipated date of entry of the order, forensic imaging is expected to commence on or about March 22, 2023.
3.2. Completion of Forensic Imaging. Forensic imaging of all devices, systems, and cloud accounts identified in Section 2.1 shall be completed within twenty-four (24) calendar days of commencement. Based on the anticipated commencement date, forensic imaging is expected to be completed on or about April 14, 2023.
3.3. Preliminary Forensic Report. Brindoval shall issue a Preliminary Forensic Report to counsel for both Parties within seventeen (17) calendar days of the completion of forensic imaging. Based on the anticipated completion date of forensic imaging, the Preliminary Forensic Report is expected to be delivered on or about May 1, 2023.
3.4. Contents of Preliminary Forensic Report. The Preliminary Forensic Report shall include, at a minimum, the following:
(a) A complete inventory of all devices, systems, and cloud accounts imaged, including the make, model, serial number, storage capacity, and operating system of each device, and the account name, service provider, and approximate data volume of each cloud account;
(b) A summary of findings regarding the presence or absence of Lumos proprietary materials on each device, system, and cloud account examined;
(c) Detailed findings regarding file-matching results, metadata analysis, and timestamp evidence, including the identification of any files or data that match or are substantially similar to known Lumos proprietary materials, along with the supporting hash values, file paths, and metadata;
(d) Any preliminary conclusions regarding data exfiltration or transfer events, including the identification of any evidence of file transfers, uploads, downloads, email transmissions, or other data-movement events involving Lumos proprietary materials, together with associated dates, times, source and destination information, and any available user-attribution evidence.
3.5. Extension of Deadlines. The deadlines set forth in this Section 3 may be extended upon written agreement of counsel for both Parties or upon motion and order of the Court. Brindoval shall promptly notify counsel for both Parties if Brindoval anticipates that any deadline will not be met, together with the reasons for the anticipated delay and a proposed revised timeline.
Section 4: Cooperation of the Parties
4.1. Defendants' Obligations
(a) Defendants shall make all devices, systems, and accounts identified in Section 2.1 available to Brindoval at mutually agreed-upon times and locations, and shall use their best efforts to accommodate Brindoval's scheduling preferences in order to facilitate timely completion of the forensic examination within the timeline set forth in Section 3.
(b) Defendants shall provide Brindoval with all necessary passwords, credentials, encryption keys, passcodes, biometric access, and other authentication information required for Brindoval to access and image each device, system, and account subject to examination. Such credentials shall be provided directly to Brindoval and shall be treated as confidential by Brindoval. Brindoval shall not disclose any such credentials to Plaintiff or Plaintiff's counsel.
(c) Defendants shall not alter, delete, modify, overwrite, or destroy any data on any device, system, or account subject to examination, consistent with the Preliminary Injunction Order entered February 17, 2023, and the Temporary Restraining Order granted January 23, 2023. This obligation shall continue in full force and effect throughout the pendency of the forensic examination and until further order of the Court.
(d) NovaSpark Technologies Inc. shall designate a technical contact (the "NovaSpark Technical Contact") to facilitate Brindoval's access to NovaSpark servers, workstations, networked storage systems, and other NovaSpark corporate systems. The NovaSpark Technical Contact shall be made available during normal business hours and, upon reasonable advance request, during non-business hours as necessary to facilitate the timely completion of forensic imaging. NovaSpark shall identify the NovaSpark Technical Contact by name, title, email address, and telephone number to Brindoval and to counsel for Plaintiff within five (5) calendar days of the entry of the order approving this Stipulation.
4.2. Plaintiff's Obligations
(a) Plaintiff shall provide Brindoval with exemplar files, hash values (MD5 and SHA-256), file names, directory paths, file sizes, and other identifying information sufficient to enable Brindoval to identify Lumos proprietary materials on Defendants' devices and systems. Plaintiff shall provide such information within seven (7) calendar days of the entry of the order approving this Stipulation, and shall supplement such information as necessary during the course of the forensic examination.
(b) Plaintiff may designate a technical consultant to assist Brindoval in identifying Lumos proprietary materials and in understanding the technical characteristics and structure of the materials described in Section 2.2. Plaintiff hereby identifies Meridian Cybersecurity Advisors Inc. (contact: Naveen Kapoor, Senior Consultant), located at 2100 Geng Road, Suite 210, Palo Alto, California 94303, as its designated technical consultant for this purpose.
(c) Meridian Cybersecurity Advisors Inc.'s role shall be strictly limited to providing reference materials, exemplar files, technical guidance, and subject-matter expertise to Brindoval regarding the nature, structure, and identifying characteristics of Lumos proprietary materials. Meridian shall not have direct, unsupervised access to any of Defendants' devices, systems, accounts, or data. Any interaction between Meridian personnel and Defendants' devices or data shall occur only under Brindoval's direct supervision and only after Defendants' counsel has received at least forty-eight (48) hours' advance written notice of any such interaction, including a description of the purpose and scope of Meridian's anticipated involvement.
(d) Meridian Cybersecurity Advisors Inc. and all of its employees and agents involved in supporting the forensic examination shall be subject to the Protective Order in this action and shall execute any required nondisclosure undertaking prior to participating in any examination activities.
Section 5: Confidentiality and Protective Order
5.1. All materials obtained, reviewed, analyzed, or generated by Brindoval in the course of the forensic examination, including without limitation all forensic images, reports, working papers, notes, file inventories, hash-value logs, keyword search results, and communications, shall be treated as "ATTORNEYS' EYES ONLY — HIGHLY CONFIDENTIAL" under the Stipulated Protective Order in this action, unless and until a different designation is agreed upon by the Parties or ordered by the Court.
5.2. Brindoval shall not disclose any findings, data, reports, or other information obtained or generated during the forensic examination to any person or entity other than counsel of record for the Parties — specifically, Calderwood & Harkness LLP (counsel for Plaintiff) and Whitfield, Raines & Gerber LLP (counsel for Defendants) — without the prior written consent of both Parties or an order of the Court. This restriction shall apply to all disclosures, whether oral, written, or electronic, and shall survive the completion of the forensic examination and the termination of Brindoval's engagement.
5.3. Brindoval's forensic images, reports, and related work product shall be maintained in secure, AES-256 encrypted storage at Brindoval's offices at 1901 Harrison Street, Suite 600, Oakland, California 94612. Such materials shall not be removed from Brindoval's secure facilities or transmitted electronically except as strictly necessary for the performance of examination activities and as permitted under the Protective Order. Any electronic transmission of forensic data or reports shall be conducted using encrypted file-transfer protocols approved by counsel for both Parties.
5.4. Upon the conclusion of this action, including the exhaustion of all appeals or the expiration of the time to appeal, Brindoval shall return or destroy all forensic images and work product in accordance with the terms of the Protective Order and as directed by the Court.
Section 6: Allocation of Costs
6.1. The fees and costs of Brindoval Digital Forensics LLC for the forensic examination shall be allocated sixty percent (60%) to Defendants (NovaSpark Technologies Inc., Rajiv Anand, Serena Mallick, and Derek Yun, jointly and severally) and forty percent (40%) to Plaintiff (Lumos Analytics Inc.).
6.2. Brindoval shall submit monthly invoices to counsel for both Parties, itemizing the services performed and the fees and costs incurred during the preceding calendar month. Each Party shall pay its respective share of each invoice within thirty (30) calendar days of receipt. In the event of any dispute regarding a particular invoice, the disputing Party shall promptly notify Brindoval and opposing counsel in writing, and the Parties shall confer in good faith to resolve the dispute. If the Parties are unable to resolve the dispute within fourteen (14) calendar days, either Party may submit the dispute to the Court for resolution.
6.3. The cost allocation set forth herein is without prejudice to either Party's right to seek reallocation of forensic examination costs as part of any final judgment, award, or settlement in this action, including without limitation any request for an award of costs, fees, or damages arising out of or related to the forensic examination.
Section 7: Reports and Communications
7.1. Brindoval shall provide all reports, written communications, correspondence, and deliverables simultaneously to counsel for both Parties at the following addresses:
For Plaintiff Lumos Analytics Inc.: Calderwood & Harkness LLP
Attention: Marcus Delgado
555 California Street, 40th Floor San Francisco, California 94104
Email: mdelgado@calderwoodharkness.com
For Defendants NovaSpark Technologies Inc., Rajiv Anand, Serena Mallick, and Derek Yun: Whitfield, Raines & Gerber LLP
Attention: Patricia Whitfield
235 Montgomery Street, Suite 1800 San Francisco, California 94104
Email: pwhitfield@wrglaw.com
7.2. No ex parte communications between Brindoval and any Party or counsel for any Party shall be permitted, except for routine scheduling and logistical matters that do not involve any substantive discussion of findings, analysis, evidence, or conclusions related to the forensic examination. In the event that any such scheduling or logistical communication occurs, the communicating Party's counsel shall promptly inform opposing counsel of the substance of such communication.
7.3. To the extent Brindoval requires clarification or supplemental information from either Party in connection with the forensic examination, Brindoval shall direct such requests simultaneously to counsel for both Parties, and any response shall be provided simultaneously to Brindoval and opposing counsel.
Section 8: Reservation of Rights
8.1. Nothing in this Stipulation shall constitute, or be construed as, an admission by any Party regarding the merits of any claim, defense, or factual allegation in this action. The Parties' agreement to the appointment of Brindoval and the terms of this Stipulation is made solely for the purpose of facilitating the neutral forensic examination and compliance with the Preliminary Injunction Order, and shall not be used as evidence of liability, wrongdoing, or the validity or invalidity of any claim or defense.
8.2. The Parties expressly reserve all rights regarding the admissibility, evidentiary weight, use, and scope of Brindoval's findings, reports, and testimony in subsequent proceedings in this action, including but not limited to depositions, motions for summary judgment, trial, and any post-trial proceedings.
8.3. The Parties reserve the right to seek additional forensic examination, supplemental analysis, or expanded scope of examination upon a showing of good cause, and by written agreement of the Parties or upon motion and order of the Court. Nothing in this Stipulation shall be construed to limit either Party's right to conduct its own independent analysis of materials lawfully obtained through discovery in this action.
Section 9: Additional Provisions
9.1. This Stipulation may be modified or amended only by written agreement of the Parties, executed by counsel for both Parties, or by order of the Court upon motion and notice to all Parties.
9.2. The Parties respectfully request that the Court enter the [Proposed] Order Appointing Neutral Forensic Examiner attached hereto as Exhibit A, which incorporates the terms of this Stipulation by reference.
9.3. This Stipulation may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.
9.4. Counsel for each Party represents that he or she is authorized to enter into this Stipulation on behalf of the respective Party or Parties represented.
[Signatures on following page]
SIGNATURES
DATED: March 8, 2023
CALDERWOOD & HARKNESS LLP
By: ________
Name: Marcus Delgado
Title: Responsible Partner
Address: 555 California Street, 40th Floor
San Francisco, California 94104 Telephone: (415) 555-3200
Email: mdelgado@calderwoodharkness.com
Attorneys for Plaintiff Lumos Analytics Inc.
DATED: March 8, 2023
WHITFIELD, RAINES & GERBER LLP
By: ________
Name: Patricia Whitfield
Title: Lead Partner
Address: 235 Montgomery Street, Suite 1800
San Francisco, California 94104 Telephone: (415) 555-7800
Email: pwhitfield@wrglaw.com
Attorneys for Defendants NovaSpark Technologies Inc., Rajiv Anand, Serena Mallick, and Derek Yun
EXHIBIT A
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
LUMOS ANALYTICS INC., a Delaware corporation,
Plaintiff,
v.
NOVASPARK TECHNOLOGIES INC., a Delaware corporation; RAJIV ANAND, an individual; SERENA MALLICK, an individual; and DEREK YUN, an individual,
Defendants.
ORDER APPOINTING NEUTRAL FORENSIC EXAMINER
The Court, having reviewed the Stipulation filed by the Parties on March 8, 2023, and the declarations and exhibits submitted in support thereof, and having considered the Preliminary Injunction Order entered by this Court on February 17, 2023, hereby finds as follows:
The Court finds good cause for the appointment of a neutral forensic examiner to conduct a forensic examination of the devices, systems, and accounts identified in the Stipulation, consistent with and in furtherance of the Preliminary Injunction Order entered February 17, 2023. The appointment of a neutral forensic examiner will facilitate the identification, preservation, and analysis of potentially misappropriated proprietary materials, will promote compliance with the Preliminary Injunction Order, and will serve the interests of justice and efficiency in this action.
IT IS HEREBY ORDERED as follows:
1. Brindoval Digital Forensics LLC, located at 1901 Harrison Street, Suite 600, Oakland, California 94612, through Dr. Irene Chow, Managing Director and Lead Forensic Examiner, and Kevin Barr, Senior Forensic Analyst, is hereby appointed as the neutral forensic examiner in this action. Brindoval shall serve as a neutral, independent examiner and shall not act as an advocate for any Party. Brindoval, and all of its employees, subcontractors, and agents involved in the forensic examination, shall execute any required nondisclosure undertaking under the Stipulated Protective Order in this action prior to commencing any examination activities.
2. The scope of the forensic examination, the obligations of the Parties, the timeline for forensic imaging and reporting, the confidentiality and protective order provisions, the cost allocation, the requirements for reports and communications, and all other terms and conditions governing the forensic examination shall be as set forth in the Stipulation filed herewith on March 8, 2023, the terms of which are incorporated herein by reference as though fully set forth in this Order.
3. Defendants NovaSpark Technologies Inc., Rajiv Anand, Serena Mallick, and Derek Yun shall cooperate fully with Brindoval Digital Forensics LLC and shall make all devices, systems, and accounts identified in Section 2.1 of the Stipulation available for forensic imaging in accordance with the timeline set forth in Section 3 of the Stipulation. Defendants shall provide all necessary passwords, credentials, encryption keys, and access information required by Brindoval to complete the forensic examination. Failure by any Defendant to cooperate with the forensic examination or to comply with this Order may result in sanctions, including but not limited to evidentiary sanctions, issue sanctions, monetary sanctions, or contempt proceedings.
4. The fees and costs of Brindoval Digital Forensics LLC for the forensic examination shall be allocated sixty percent (60%) to Defendants (NovaSpark Technologies Inc., Rajiv Anand, Serena Mallick, and Derek Yun, jointly and severally) and forty percent (40%) to Plaintiff (Lumos Analytics Inc.), as set forth in Section 6 of the Stipulation. This allocation is without prejudice to either Party's right to seek reallocation of costs in connection with any final judgment, award, or settlement in this action.
5. All materials obtained, reviewed, analyzed, or generated by Brindoval Digital Forensics LLC in the course of the forensic examination shall be governed by the Stipulated Protective Order in this action, and shall be treated as "ATTORNEYS' EYES ONLY — HIGHLY CONFIDENTIAL" unless and until a different designation is agreed upon by the Parties or ordered by the Court. Brindoval shall not disclose any findings, data, reports, or other information to any person or entity other than counsel of record for the Parties without the prior written consent of both Parties or an order of this Court.
6. Brindoval Digital Forensics LLC shall submit its Preliminary Forensic Report simultaneously to counsel for both Parties — Calderwood & Harkness LLP (counsel for Plaintiff) and Whitfield, Raines & Gerber LLP (counsel for Defendants) — in accordance with the timeline and procedures set forth in the Stipulation. No ex parte communications between Brindoval and any Party or counsel regarding substantive matters shall be permitted.
7. The Court retains jurisdiction to enforce, modify, or supplement this Order as necessary to ensure the fair and efficient conduct of the forensic examination and the administration of justice in this action.
IT IS SO ORDERED.
Dated: ________
________________________________________
Hon. David Rutherford Judge of the Superior Court Superior Court of the State of California County of Santa Clara
Case No.: 23-CV-004871
Assigned for All Purposes to the
Hon. David Rutherford, Dept. 5
STIPULATION AND [PROPOSED] ORDER
APPOINTING NEUTRAL FORENSIC
EXAMINER
Filed: March 8, 2023
Case No.: 23-CV-004871
Assigned for All Purposes to the
Hon. David Rutherford, Dept. 5