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U.S. v. RIGAS

No. 02 Cr. 1236(LBS).

281 F.Supp.2d 733 (2003)

UNITED STATES of America, v. John J. RIGAS, Timothy J. Rigas, Michael J. Rigas, and Michael C. Mulcahey, Defendants.

United States District Court, S.D. New York.

September 22, 2003.

Attorney(s) appearing for the Case

Peter Fleming, Jr., Ben Preziosi, Jonathan Harris, Curtis, Mallet-Prevost, Colt & Mosle, New York City, for John J. Rigas.

Paul R. Grand, Jeremy Temkin, Morvillo, Abramowitz, Grand, Iason & Silberberg, New York City, for Timothy J. Rigas.

Andrew J. Levander, Kevin O'Brien, Adam Wasserman, Swidler, Berlin, Shereff, Friedman, New York City, for Michael J. Rigas.

Mark J. Mahoney, Harrington & Mahoney, Buffalo, New York, for Michael C. Mulcahey.

OPINION

SAND, District Judge.

By letter dated July 25, 2003, Defendants John Rigas, Timothy Rigas, Michael Rigas, and Michael Mulcahey ("Defendants") applied for an order authorizing them to retain certain privileged documents contained on a computer hard drive that was produced to Defendants by the Government during discovery. (Court Ex. B, 7/30/03). For the reasons set forth below, Defendants' application is denied.

I. Background

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