In Dawe v. Corrections USA, 2009 WL 3233883 (E.D. Cal. Oct. 1, 2009), U.S. Magistrate Judge Edmund F. Brennan granted defendants' motion to compel inspection of a third-party plaintiff's laptop computer.  While inspection is the exception rather than the rule, the court was persuaded by the "level of contention and distrust that permeate[d] this litigation" and plaintiff's steadfast refusal to permit even a limited inspection.

In discovery, defendants sought further responses and production from third-party plaintiff and defendant Gary Harkin, including inspection of his laptop computer.  Harkin objected on the grounds that he had already produced all responsive, non-privileged, information.  Harkin further argued that the laptop was for his personal use and inspection would result in the disclosure of personal information about his family.

The court ordered production, but also ordered defendants to pay the costs associated with the inspection, subject to reconsideration in the event the inspection found Harkin withheld relevant documents. The court also ordered Harkin to produce a document from his privilege log holding, under California law, he had waived the attorney-client privilege in an email that he forwarded to co-plaintiffs.