The plaintiff real estate brokerage brought an ex parte motion for an order to seize the defendants' cell phones and computers to preserve evidence of alleged solicitation and breach of contract.
The court treated the request as an Anton Piller order rather than a simple preservation order under Rule 45.01 due to its highly intrusive nature.
The motion was dismissed because the plaintiff failed to demonstrate a real possibility that the defendants would destroy evidence if given notice of the demand.
