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Civil Procedure Law Supreme Court Opinion

by Agati, Taryn

 

SC20699 - Benvenuto v. Brookman ("This is an appeal from an order granting a bill of discovery and requiring the defendant, Kevin Brookman, who publishes an Internet blog known as ‘‘We The People–Hartford,’’ to submit his laptop and cell phone for a forensic analysis that will enable the plaintiff, Vincent G. Benvenuto, to ascertain the identities of persons who posted blog comments containing allegedly defamatory statements about him. ‘‘[T]o safeguard the defendant’s privacy interest,’’ the trial court’s discovery order mandates that the parties attempt to reach an agreement on the terms of a protective order and search protocols that together will govern the scope and procedures to be used in the forensic analysis, or, in the absence of an agreement, submit proposed orders so that the trial court can resolve any disputes regarding the terms of the protective order and search protocols. The court expressly retained jurisdiction until such time as the parties have filed an agreement or the court has resolved any impasse. Following oral argument, we ordered the parties to file supplemental briefs addressing whether the trial court’s order is a final judgment for purposes of appellate review. We conclude that the order is not final and dismiss the appeal.")