Reasons for Decision in (Re: [1] Complaint for Mandatory and Prohibitive Injunctive Relief and for Damages; Based upon the clear language of section 542(e), therefore, the Debtor appears entitled to an order requiring Mr. Rice & Mr. Burley to turn over the computer disks. They contend, however, that they are entitled to retain possession as the information contained therein may well be relevant and material to issues to be decided in the latter stages of this proceeding. While this position may wll entitle Mr. Rice and his counsel to this information at some later stage of the proceeding, the appropriate method of obtaining such is through discovery under the Federal Rules of Civil Procedure. They may not retain the disks at this time in the face of the explicit directive contained in section 542(e); Counsel for Debtor shall prepare and submit a proposed order in conformity with the foregoing reasons. (cath, )
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Wednesday, December 21, 2005