PRACTICAL MAGIC, LLC; and ANGEL VALLEY PRODUCTIONS, LLC, Plaintiff, v. GENEVIEVE VON PETZINGER, Defendant Case No. 2:23-cv-04295-WLH(JCx) United States District Court, C.D. California Filed March 05, 2024 Counsel Genevieve Von Petzinger, Canada, Pro Se. Arash Beral, Blank Rome LLP, Los Angeles, CA, Jon Avins, Pro Hac Vice, Jon Avins Law Offices, New York, NY, for Defendant. Hsu, Wesley L., United States District Judge ORDER RE PLAINTIFFS' MOTION TO ENFORCE PRELIMINARY INJUNCTION [30] *1 Before the Court is Plaintiffs Practical Magic, LLC and Angel Valley Productions, LLC's (collectively, “Plaintiffs”) Motion to Enforce the Preliminary Injunction (the “Motion”). (Docket No. 30). Plaintiffs request enforcement of the Preliminary Injunction Order entered by this Court on October 17, 2023, against Defendant Genevieve von Petzinger (“Defendant”) (Dkt. No. 27). Defendant opposes Plaintiffs' request for fees and sanctions against Defendant but does not oppose Plaintiffs' request for forensic imaging and review of Defendant's digital devices and electronic storage accounts, albeit on terms proposed by Defendant. Having considered the parties' written submissions as well as the evidence and argument presented at the evidentiary hearing conducted on March 1, 2024, the Court hereby GRANTS the Motion in part and DENIES it in part. To the extent the Motion seeks Defendant's compliance with Paragraph 4 of the Preliminary Injunction Order, the Court GRANTS the Motion. Defendant is ORDERED as follows: 1. Within ten (10) days of the entry of this Order, Defendant shall comply fully with Paragraph 4 of the Preliminary Injunction by producing or disclosing to Practical Magic all remaining material qualifying as Practical Magic's Intellectual Property under the terms of the injunction, including any material identified in Plaintiffs' Motion as having been wrongfully withheld. 2. Within fourteen (14) days of the entry of this Order or as soon thereafter as the third-party examiner is available, Defendant shall produce or make available to a third-party examiner designated by Practical Magic all electronic devices (including computers, tablets, and smartphones, and regardless of whether functional), email accounts, electronic storage systems (whether cloud-based, electronic, hard drive, or otherwise), back-up data and accounts (such as iCloud accounts), databases, and any other electronic device, tool, or medium used in any way (whether actively or passively) by Defendant to the designated examiner for forensic inspection and imaging.[1] *2 3. The data from the images and collection (the “Data”) shall be subject to eDiscovery workflows whereby user data is extracted, processed, and indexed using industry standard methods and tools such as, without limitation, Relativity or Nuix Discover. 4. Before the Data is made available for Plaintiffs' review, Defendant shall have the opportunity to review the Data for privileged information (attorney-client and spousal), banking and financial documents, medical records, documents related to minor children, and photographs of minor children and other intimate matters, all of which shall be excised from the Data made available to Plaintiffs for review. Any materials excised from the data must be identified by Defendant with reasonable particularity in a log so that Plaintiffs have an opportunity to object to the excision. Communications with current counsel of record need not be identified in the log unless a third party is included in the communication. Defendant shall complete this privilege screen within fourteen (14) days of the Data becoming available for review. 5. After privileged documents have been excised from the Data, all remaining Data shall be made available to Plaintiffs for retrieval, download, review, and analysis in any reasonable manner or means selected by Plaintiffs. 6. Within ninety (90) days of receipt of the Data for review, Plaintiffs shall return to Defendant or destroy any Data that does not constitute Plaintiffs' Intellectual Property. 7. All Data shall be treated confidentially. If Plaintiffs intend to publicly file in this matter any Data obtained pursuant to this Order, the Parties shall meet and confer as to whether such Data should be filed under seal. 8. Defendant shall execute, in a form approved by Plaintiffs, a declaration under oath and subject to penalty of perjury: (1) identifying by make, model, and serial number all digital devices used in connection with any activity or task performed in association with Plaintiffs or related to the documentary series entitled “The First Signs” (the “Series”); (2) attesting that she has not withheld from forensic imaging and collection any digital device or account used in connection with any activity or task performed in association with Plaintiffs or the Series, such as email accounts, WhatsApp accounts, other messaging applications, and databases; and (3) attesting that she has not destroyed, erased, deleted, replaced, edited, sanitized, disposed of, expired, concealed, caused or allowed to be concealed, reformatted, wiped, or in any way altered any device, electronic data or back-up data related to Plaintiffs or the Series except as previously disclosed. 9. For avoidance of doubt, nothing within this Order shall prevent or limit Plaintiffs' ability to review the results of the forensic imaging and collection for evidence of spoliation, tampering, destruction, concealment, or any other action or activity designed to impede the return or disclosure of Plaintiffs' Intellectual Property. The Court DENIES, without prejudice, that portion of the Motion requesting (1) that Defendant bear all costs and expenses associated with the forensic imaging, collection, and review of her electronic data, and (2) that Defendant compensate Practical Magic for the reasonable attorneys' fees and court costs they incurred in connection with bringing this Motion. *3 IT IS SO ORDERED. Footnotes [1] If requested, Defendant shall take all necessary steps to grant any required permissions and enable any required access for such collection to occur, including but not limited to providing access to accounts at service providers such as Google, Apple, or Microsoft. This includes, if requested, disclosing to the vendor(s) a complete and unaltered “Google Takeout” output for all services available in that interface and a complete and unaltered output from Apple's “Get a copy of your data” service (as currently available at https://privacy.apple.com/account) with all available options selected to the forensics vendor. Defendant shall also disclose any username, access credentials, decryption key, two-factor authentication, password, PIN, or other information required to conduct such forensics and access any and all data without impediment. Those access credentials shall not be shared with Plaintiffs, Plaintiffs' counsel, or Plaintiffs' agents.