FOR THE DISTRICT OF COLUMBIA __________________________________________ ) TRUE THE VOTE, INC., ) ) Plaintiff, ) ) v. ) Civil Action No. 13-734 (RBW) ) ) INTERNAL REVENUE SERVICE, et al., ) ) Defendants. ) __________________________________________)
ORDER
On J uly 11, 2014, the parties appeared before the Court to present oral argument on the merits of the plaintiffs pending Motion for Preliminary Injunction and Expedited Discovery to Prevent Further Spoliation of, and to Preserve and Restore, Evidence and Discoverable Information. During the J uly 11 hearing, counsel from the Department of J ustice represented that an there is an ongoing investigation being conducted by the Inspector General of the United States Department of the Treasury concerning the emails and computer hard drive that are the subject of the plaintiffs motion. Counsel further represented that the Inspector Generals investigation comprises, among other things, the same type of forensic examination sought by the plaintiff in its pending motion. In accordance with the rulings orally issued by the Court during the J uly 11 hearing, and to inform the Courts consideration of current and/or future discovery matters pertaining to the emails and computer hard drive at issue, it is hereby ORDERED that, on or before J uly 18, 2014, defendant the Internal Revenue Service shall submit to the Court an affidavit or declaration signed under oath by an appropriate individual with firsthand knowledge that: Case 1:13-cv-00734-RBW Document 91 Filed 07/11/14 Page 1 of 2 2
1. outlines the expertise and qualifications of the individual or individuals currently conducting the forensic examination as part of the Inspector Generals investigation; 2. outlines the expertise and qualifications of the individual or individuals who previously conducted forensic examinations or otherwise attempted to recover information from the computer hard drive at issue; 3. provides a projected date of completion of the Inspector Generals investigation; 4. states whether the serial number, if any, assigned to the computer hard drive at issue is known; and 5. if the serial number is known, why the computer hard drive cannot be identified and preserved. SO ORDERED this 11th day of J uly, 2014.
REGGIE B. WALTON United States District J udge
Case 1:13-cv-00734-RBW Document 91 Filed 07/11/14 Page 2 of 2
72 Fair Empl - Prac.cas. (Bna) 688, 10 Fla. L. Weekly Fed. C 552 Donald A. Vining v. Marvin T. Runyon, JR., Postmaster General, U.S. Postal Service, 99 F.3d 1056, 11th Cir. (1996)