COURT’S INHERENT POWER TO COM- PEL RETURN OF DOCUMENTS Sample Clauses

COURT’S INHERENT POWER TO COM- PEL RETURN OF DOCUMENTS. Xxxxxxx argues that the Court has inherent power to compel the return of its documents. In support, it cites cases from other districts and state courts wherein a court ordered a party that obtained doc- uments outside the course of discovery to return the documents. Xxxxx contends the request is improper because Federal Rule of Civil Procedure 65 governs motions for the return of documents. The Supreme Court has held that when there is bad-faith conduct in the course of litigation that could be adequately sanc- tioned under the Rules, the court ordinarily should rely on the Rules rather than the in- herent power. But if in the informed discretion of the court, neither the statute nor the Rules are up to the task, the court may safely rely on its inherent power. Xxxxxxxx x. XXXXX, Inc., 501 U.S. 32, 50, 111 S. Ct. 2123, 115 L. Ed. 2d 27 (1991). Because the Court has other sufficient bases upon which to order the return of documents, the Court will deny Seagate’s motion re- questing the Court to exercise its inherent powers. ORDER Based on the foregoing, and the records, files, and proceedings herein, IT IS XXXXXX ORDERED that: