In Re Sony PS3 "Other OS" Litigation

Filing 183

STIPULATION [PROPOSED] STIPULATED ORDER REGARDING DOCUMENT PRODUCTION PROTOCOL by Sony Computer Entertainment America Inc, Sony Computer Entertainment America LLC. (Ott, Carter) (Filed on 11/28/2011)

1 2 3 4 5 6 7 8 9 LUANNE SACKS, Bar No. 120811 luanne.sacks@dlapiper.com CARTER W. OTT, Bar No. 221660 carter.ott@dlapiper.com DLA PIPER LLP (US) 555 Mission Street, Suite 2400 San Francisco, CA 94105 Tel: 415.836.2500 Fax: 415.836.2501 JOSEPH COLLINS (Pro Hac Vice, Ill. Bar No. 06238527) joseph.collins@dlapiper.com DLA PIPER LLP (US) 203 North LaSalle Street, Suite 1900 Chicago, IL 60601-1293 Tel: 312.368.4000 Fax: 312.236.7516 10 11 Attorneys for Defendant SONY COMPUTER ENTERTAINMENT AMERICA LLC 12 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 SAN FRANCISCO DIVISION 16 17 18 IN RE SONY PS3 “OTHER OS” LITIGATION CASE NO. CV-10-1811-RS [PROPOSED] STIPULATED ORDER REGARDING DOCUMENT PRODUCTION PROTOCOL 19 20 21 22 23 24 25 26 27 28 DLA P IPER LLP (US) -1WEST\225471038.1 [PROPOSED] STIPULATED ORDER REGARDING DOCUMENT PRODUCTION PROTOCOL CASE NO. CV-10-1811-RS 1 1. Applicability. This document production protocol shall apply prospectively to the 2 production of documents existing in hard-copy form or in electronic form in this action by 3 Plaintiffs or defendant Sony Computer Entertainment America LLC (“SCEA”)This Order shall 4 apply to this matter and to all related actions that will be originally filed in, transferred to, or 5 removed to this Court and consolidated with this matter. 6 2. General Format of Production. All documents that originally existed in either 7 hard-copy or native electronic form that are produced in these proceedings shall be produced in 8 electronic image form in the manner provided herein, and shall carry Bates stamp numbers and, 9 where appropriate, confidentiality designations, in a manner that does not obscure any writing or 10 image on the original document. Each document’s electronic image shall convey the same 11 information and image as the original document. Documents that present imaging or formatting 12 problems shall be promptly identified and the parties shall meet and confer to attempt to resolve 13 the problems. Notwithstanding the foregoing, by mutual agreement in a writing signed by the 14 parties, the parties may agree to modify the production format without approval by the Court. 15 3. Production Media. The parties shall produce documents on CD-ROM, DVD, 16 external hard drive (with standard PC compatible interface), or such other readily accessible 17 computer or electronic media as the parties may hereafter agree upon (the “Production Media”). 18 Each piece of Production Media shall identify a production number corresponding to the 19 production “wave” the documents on the Production Media are associated with (e.g., “SCEA00l”; 20 “SCEA002”), as well as the volume of the material in that production wave (e.g., “-001”; “-002”). 21 For example, if the first production wave by either partycomprises document images on three 22 hard drives, that partyshall label each hard drive in the following manner: “SCEA001-001”; 23 “SCEA001-002”; “SCEA001-003.” Additional information that shall be identified on the 24 physical Production Media shall include: (1) text referencing that it was produced in this matter, 25 (2) the production date, and (3) the Bates Number range(s) of the materials contained on the 26 Production Media. 27 28 DLA P IPER LLP ( US ) 4. Cooperation. The parties shall meet and confer and cooperate to facilitate the import and use of the produced materials with commercially available document management or -2WEST\225471038.1 [PROPOSED] STIPULATED ORDER REGARDING DOCUMENT PRODUCTION PROTOCOL CASE NO. CV-10-1811-RS 1 litigation support software. All requests to meet and confer pursuant to this order shall conclude 2 within fourteen days of the requesting party’s initial request. 3 5. Production Format Of Electronically Stored Information. Except as set forth 4 herein or by subsequent agreement or order, all electronically stored documents shall be produced 5 in Tagged Image File format (“TIFF”), single page, Group IV TIFF, black and white at 300 x 300 6 dpi resolution. If a color image is produced in black and white, the receiving party may request 7 the producing party to produce the original, color image. After receiving such a request for color 8 production, the parties will meet and confer on a reasonable and cost-effective means of 9 providing the requested documents. The production format shall conform to the following 10 requirements: 11 12 a. The image file names shall match the Bates number assigned to the image (for example: SCEA0000001.TIF). 13 b. 14 set forth in Paragraph 2, above. 15 c. Documents shall carry Bates numbers and confidentiality designations as Load files: The parties shall produce documents, data and information 16 either on hard drives, DVDs or CDs, depending on the size of the production, in the following 17 folders: 18 i. Images folder - Single-page TIFF - Group IV Black & White 19 ii. OPT folder - Pathing to the single-page TIFFs 20 iii. - DAT folder Metadata fields set forth below Relative pathing to OCR Relative pathing to natives (if producing any natives) iv. - OCR folder Extracted text/OCR - document level text files – ANSI format Relative pathing to text files in DAT (example:.\OCR\001\INV00001.txt) The extracted text/OCR shall be Unicode compliant in foreign language documents. d. The metadata fields to be provided in the DAT folder shall be as follows: 21 22 23 24 25 26 27  BEGBates  CC  MODIFIEDDATE 28 DLA P IPER LLP ( US ) -3WEST\225471038.1 [PROPOSED] STIPULATED ORDER REGARDING DOCUMENT PRODUCTION PROTOCOL CASE NO. CV-10-1811-RS 1  ENDBates  BCC  MODIFIEDTIME 2  BEGATTACH  DATESENT  HASHVALUE 3  ENDATTACH  TIMESENT  CUSTODIAN 4  ATTACHRANGE  DATERECEIVED  CONVERSATION ID  ATTCOUNT  TIMERECEIVED  DUP ID  PAGECOUNT  FILENAME  OCR PATH – (Example of relative pathing:.\OCR\001\INV00001.txt)  FILETYPE  FILEEXT  NATIVE LINK (Example of relative pathing:.\NATIVES\001\INV0000 1.xls) 10  EMAILSUBJECT  AUTHOR 11  TO  CREATEDATE 12  FROM  CREATETIME 5 6 7 8 9 13 e. 14 If the parties have data that was created with proprietary 15 software and/or MDB database files, this data shall be produced in Single Page Tiff format or in 16 such other mutually agreeable format that will allow the receiving party to render the data for 17 review. f. 18 Any party producing electronic information shall disclose any restrictions 19 as to scope and method which may affect their ability to conduct a complete electronic search of 20 the electronically stored information. The parties shall meet and confer in good faith to reach 21 agreements as to the method of searching, and the terms and phrases to be searched. The parties 22 shall also meet and confer regarding the timing and conditions of any additional searches which 23 may become necessary in the normal course of discovery. g. 24 Generally excel spreadsheets shall be produced in native format and in the 25 event that production in native would be unduly burdensome, the producing party will produce in 26 TIFF. In addition, the parties shall meet and confer regarding any other documents produced in 27 TIFF which the receiving party requests to receive in native format. Notwithstanding this 28 paragraph, any document that is properly redacted shall be produced in TIFF in compliance with -4- DLA P IPER LLP ( US ) WEST\225471038.1 [PROPOSED] STIPULATED ORDER REGARDING DOCUMENT PRODUCTION PROTOCOL CASE NO. CV-10-1811-RS 1 Section 6 below. The parties shall meet and confer to the extent the production of documents in 2 TIFF eliminates the production of relevant information or affects whether the document is in 3 usable form, and any nonprivileged relevant information will be thereafter produced in a mutually 4 agreeable and usable form per the parties' meet and confer agreements. The burden of 5 demonstrating that it is burdensome to produce a document in native format is on the producing 6 party. 7 6. 8 9 10 Production Format Of Hard Copy Documents. a. All hard copy documents shall be produced as single-page “TIFFs,” shall be scanned at industry standard resolution and shall reflect, without visual degradation, the full and complete information contained on the original document. 11 b. All TIFF images shall be produced with associated OCR text and 12 DAT and OPT load files. The DAT load file shall contain the Objective Coding Fields referenced 13 below. The OPT load file will contain pathing to the Single Page TIFF images. 14 c. Each page image file shall be named with the unique Bates Number of 15 the page of the document in the case of single-page TIFFs, followed by the extension “.TIF.” In 16 the event the Bates Number contains a symbol and/or character that cannot be included in a file 17 name, the symbol and/or character will be omitted from the file name. 18 d. In scanning paper documents, distinct documents shall not be merged into 19 a single record, and single documents shall not be split into multiple records (i.e., paper 20 documents should be logically unitized). 21 22 e. parent document) shall be preserved. 23 24 Parent-child relationships (the association between an attachment and its f. At least the following objective coding fields should be provided for all hard copy documents: 25 i. Beginning Bates Number 26 ii. Ending Bates Number 27 iii. Beginning Attachment Number 28 iv. Ending Attachment Number -5- DLA P IPER LLP ( US ) WEST\225471038.1 [PROPOSED] STIPULATED ORDER REGARDING DOCUMENT PRODUCTION PROTOCOL CASE NO. CV-10-1811-RS 1 v. Source and Custodian Information 2 vi. Redacted 3 vii. OCR. Document Level Txt files, with relative pathing to the txt 4 files in the DAT. Example of relative pathing: 5 .\OCR\001\INV00001.txt 6 g. Where a single document custodian has more than one identical hard copy 7 of a document (i.e., the documents are visually the same in every respect), the producing party 8 need only produce a single copy of that document. Where multiple document custodians each 9 possess their own copies of an identical document, the document shall be produced once for each 10 custodian in possession of the document. De- duplicated originals shall be securely retained and 11 made available for inspection and copying. 12 13 IT IS SO STIPULATED. 14 15 Dated:_November 28, 2011_ 16 By: /s/ Carter W. Ott Carter W. Ott Counsel for defendant Sony Computer Entertainment America LLC 17 18 19 20 21 DLA PIPER LLP (US) ____________________ Dated:_November 28, 2011_ _______________________ CALVO FISHER & JACOB LLP By: /s/ James A. Quadra James A. Quadra Other OS Plaintiffs’ Interim Co-Lead Counsel 22 23 24 25 Dated:_November 28, 2011_ 26 FINKELSTEIN THOMPSON LLP By: /s/ Rosemary M. Rivas Rosemary M. Rivas Other OS Plaintiffs’ Interim Co-Lead Counsel 27 28 DLA P IPER LLP ( US ) -6WEST\225471038.1 [PROPOSED] STIPULATED ORDER REGARDING DOCUMENT PRODUCTION PROTOCOL CASE NO. CV-10-1811-RS 1 2 Dated:_November 28, 2011_ HAUSFELD LLP 3 By: /s/ James Pizzirusso James Pizzirusso (Pro hac vice) Other OS Plaintiffs’ Interim Co-Lead Counsel 4 5 6 I, Carter Ott, am the ECF user whose identification and password are being used to file the 7 8 foregoing [Proposed] Stipulated Order Regarding Document Production Protocol. I hereby attest 9 that the above-referenced signatories to this stipulation have concurred in this filing. ORDER 10 11 PURSUANT TO STIPULATION, IT IS SO ORDERED. 12 Dated: 13 By: 14 Honorable Richard G. Seeborg United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DLA P IPER LLP ( US ) -7WEST\225471038.1 [PROPOSED] STIPULATED ORDER REGARDING DOCUMENT PRODUCTION PROTOCOL CASE NO. CV-10-1811-RS