Ermita Alabado et al v. French Concepts, Inc. et al

Filing 16

PROTECTIVE ORDER by Magistrate Judge Andrew J. Wistrich re Stipulation for Protective Order 15 (yb)

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Sherry S. Bragg, Esq. (Bar No. 132815)
[e-mail]
Jacob C. Gonzales (Bar No. 235555)
[e-mail]
WEINTRAUB TOBIN
23 Corporate Plaza Drive, #200
Newport Beach, California 92660-7901
Tel: [phone]; Fax: [phone]
Attorneys for Defendants FRENCH CONCEPTS, INC.,
d/b/a L'AMANDE FRENCH BAKERY, FRENCH
CONCEPTS BH, d/b/a L'AMANDE FRENCH BAKERY,
BARATOW LLC, ANALIZA MOITINHO DE ALMEIDA,
and GONCALO MOITINHO DE ALMEIDA

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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)
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Plaintiffs,
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v.
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FRENCH CONCEPTS, INC., a
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California corporation, d/b/a
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L'AMANDE FRENCH BAKERY,
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FRENCH CONCEPTS BH, a California )
corporation, d/b/a L'AMANDE FRENCH )
BAKERY, BARATOW LLC, ANALIZA )
)
MOITINHO DE ALMEIDA, an
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individual, and GONCALO MOITINHO )
DE ALMEIDA, an individual,
)
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Defendants.
)
ERMITA ALABADO, an individual,
FERNANDO BELIDHON, an
individual, ROMAR CUNANAN, an
individual, ARMELINDA DELA
CERNA, an individual, ELMER
GENITO, an individual, WILFREDO
LARIGA JR., an individual, LOUISE
LUIS, an individual, GINA PABLOGROSSMAN, an individual, RECKY
PUZON, an individual, RONALDO
SANTIA, an individual, and
ROLANDO SURATOS, an individual,

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CASE NO.: 2:15-CV-02830-FMOAJW

STIPULATED PROTECTIVE
ORDER AND ORDER
REGARDING DOCUMENT
PRODUCTION PROTOCOLS

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1.

INTRODUCTION
1.1

Purposes and Limitations: Discovery in this action is likely to involve

production of confidential, proprietary, or private information for which special
protection from public disclosure and from use for any purpose other than
prosecuting this litigation may be warranted. Accordingly, the parties hereby
stipulate to and petition the Court to enter the following Stipulated Protective Order.
The parties acknowledge that this Order does not confer blanket protections on all
disclosures or responses to discovery and that the protection it affords from public
disclosure and use extends only to the limited information or items that are entitled
to confidential treatment as defined here and under the applicable legal principles.
The parties further acknowledge, as set forth in Section 12.3, below, that this
Stipulated Protective Order does not entitle them to file confidential information
under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed
and the standards that will be applied when a party seeks permission from the court
to file material under seal.

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1.2

Good Cause Statement: This action is likely to involve confidential

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financial, business private and/or proprietary information for which special

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protection from public disclosure and from use for any purpose other than

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prosecution of this action is warranted. Such confidential, proprietary and private

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materials and information consist of, among other things, confidential financial or

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proprietary business information, information regarding confidential business

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practices, or other confidential commercial information (including information

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implicating privacy rights of third parties), personal private information including

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social security numbers, taxpayer identification numbers, telephone numbers, e-mail

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addresses, other personal internet accounts and information otherwise generally

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unavailable to the public, or which may be privileged or otherwise protected from

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disclosure under state or federal statutes, court rules, case decisions, or common law.

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Accordingly, to expedite the flow of information, to facilitate the prompt resolution

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of disputes over confidentiality of discovery materials, to adequately protect

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information the parties are entitled to keep confidential, to ensure that the parties are

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permitted reasonable necessary uses of such material in preparation for and in the

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conduct of trial, to address their handling at the end of the litigation, and serve the

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ends of justice, a protective order for such information is justified in this matter. It is

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the intent of the parties that information will not be designated as confidential for

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tactical reasons and that nothing be so designated without a good faith belief that it

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has been maintained in a confidential, non-public manner, and there is good cause

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why it should not be part of the public record of this case.

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2.

DEFINITIONS

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2.1

Action: this pending federal lawsuit.

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2.2

Challenging Party: a Party or Non-Party that challenges the

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designation of information or items under this Order.
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“CONFIDENTIAL” Information or Items: information (regardless of

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how it is generated, stored or maintained) or tangible things that qualify for

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protection under Federal Rule of Civil Procedure 26(c), and as specified above in

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the Good Cause Statement, provided they are designated as “CONFIDENTIAL” by

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any Party or Third Party in the manner set forth in this Protective Order or are

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subject to any other provision herein.

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2.4

Counsel: Outside Counsel of Record and House Counsel (as well as

their support staff).
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Designating Party: a Party or Non-Party that designates information or

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items that it produces in disclosures or in responses to discovery as

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“CONFIDENTIAL.”

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2.6

Disclosure or Discovery Material: all items or information, regardless

of the medium or manner in which it is generated, stored, or maintained (including,

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among other things, testimony, transcripts, and tangible things), that are produced or

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generated in disclosures or responses to discovery in this matter.

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2.7

Expert: a person with specialized knowledge or experience in a matter

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pertinent to the litigation who has been retained by a Party or its counsel to serve as

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an expert witness or as a consultant in this Action.

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House Counsel: attorneys who are employees of a party to this Action.

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House Counsel does not include Outside Counsel of Record or any other outside

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counsel.

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2.9

Non-Party: any natural person, partnership, corporation, association, or

other legal entity not named as a Party to this action.

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2.10 Outside Counsel of Record: attorneys who are not employees of a party

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to this Action but are retained to represent or advise a party to this Action and have

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appeared in this Action on behalf of that party or are affiliated with a law firm which

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has appeared on behalf of that party, and includes support staff.

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2.11 Party: any party to this Action, including all of its officers, directors,

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employees, consultants, retained experts, and Outside Counsel of Record (and their

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regularly-employed support staff).

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2.12 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.

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2.13 Professional Vendors: persons or entities that provide litigation support

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services (e.g., photocopying, videotaping, translating, preparing exhibits or

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demonstrations, and organizing, storing, or retrieving data in any form or medium)

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and their employees and subcontractors.

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2.14 Protected Material: any Disclosure or Discovery Material that is
designated as “CONFIDENTIAL.”
2.15 Receiving Party: a Party that receives Disclosure or Discovery Material
from a Producing Party.

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3.

SCOPE

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The protections conferred by this Stipulation and Order cover not only

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Protected Material (as defined above), but also (1) any information copied or

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extracted from Protected Material; (2) all copies, excerpts, summaries, or

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compilations of Protected Material; and (3) any testimony, conversations, or

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presentations by Parties or their Counsel that might reveal Protected Material.
Any use of Protected Material at trial shall be governed by the orders of the

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trial judge. This Order does not govern the use of Protected Material at trial.

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4.

DURATION

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Even after final disposition of this litigation, the confidentiality obligations

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imposed by this Order shall remain in effect until a Designating Party agrees

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otherwise in writing or a court order otherwise directs. Final disposition shall be

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deemed to be the later of (1) dismissal of all claims and defenses in this Action, with

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or without prejudice; and (2) final judgment herein after the completion and

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exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,

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including the time limits for filing any motions or applications for extension of time

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pursuant to applicable law.

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5.

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection.

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Each Party or Non-Party that designates information or items for protection under

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this Order must take care to limit any such designation to specific material that

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qualifies under the appropriate standards. The Designating Party must designate for

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protection only those parts of material, documents, items, or oral or written

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communications that qualify so that other portions of the material, documents,

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items, or communications for which protection is not warranted are not swept

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unjustifiably within the ambit of this Order.

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Mass, indiscriminate, or routinized designations are prohibited. Designations

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that are shown to be clearly unjustified or that have been made for an improper

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purpose (e.g., to unnecessarily encumber the case development process or to impose

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unnecessary expenses and burdens on other parties) may expose the Designating

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Party to sanctions.

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If it comes to a Designating Party’s attention that information or items that it

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designated for protection do not qualify for protection that Designating Party must

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promptly notify all other Parties in writing that it is withdrawing the inapplicable

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designation.

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5.2

Manner and Timing of Designations. Except as otherwise provided in

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this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise

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stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

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under this Order must be clearly so designated before the material is disclosed or

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produced.

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Designation in conformity with this Order requires:
(a)

for information in documentary form (e.g., paper or electronic

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documents, but excluding transcripts of depositions or other

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pretrial or trial proceedings), that the Producing Party affix at a

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minimum,

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“CONFIDENTIAL legend”), to each page that contains

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protected material. If only a portion or portions of the material on

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a page qualifies for protection, the Producing Party also must

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clearly identify the protected portion(s) (e.g., by making

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appropriate markings in the margins).

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the

legend

“CONFIDENTIAL”

(hereinafter

All documents that contain private information such as social security

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numbers, medical information, tax payer identification numbers, telephone numbers,

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email addresses, other personal internet account information and other information

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protected by privacy protections shall be treated as “CONFIDENTIAL” pursuant to

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this Protective Order regardless of whether they are designated “CONFIDENTIAL”

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in the manner prescribed herein. However, if the private information is redacted by

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any Party, the redacted document shall not be considered “CONFIDENTIAL”

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regardless of whether it is so designated, unless the document is designated

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“CONFIDENTIAL” for some other reason.

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A Party or Non-Party that makes original documents available for inspection

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need not designate them for protection until after the inspecting Party has indicated

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which documents it would like copied and produced. During the inspection and

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before the designation, all of the material made available for inspection shall be

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deemed “CONFIDENTIAL.” After the inspecting Party has identified the

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documents it wants copied and produced, the Producing Party must determine which

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documents, or portions thereof, qualify for protection under this Order. Then, before

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producing the specified documents, the Producing Party must affix the

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“CONFIDENTIAL legend” to each page that contains Protected Material. If only a

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portion or portions of the material on a page qualifies for protection, the Producing

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Party also must clearly identify the protected portion(s) (e.g., by making appropriate

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markings in the margins).
(b)

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for testimony given in depositions that the Designating Party

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identify the Disclosure or Discovery Material on the record, before the close of the

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deposition all protected testimony.
(c)

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for information produced in some form other than documentary

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and for any other tangible items, that the Producing Party affix in a prominent place

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on the exterior of the container or containers in which the information is stored the

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legend “CONFIDENTIAL.” If only a portion or portions of the information

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warrants protection, the Producing Party, to the extent practicable, shall identify the

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protected portion(s).

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5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

failure to designate qualified information or items does not, standing alone, waive

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the Designating Party’s right to seek to secure protection under this Order for such

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material. Upon timely correction of a designation, the Receiving Party must make

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reasonable efforts to assure that the material is treated in accordance with the

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provisions of this Order.

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6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
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Timing of Challenges. Any Party or Non-Party may challenge a

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designation of confidentiality at any time that is consistent with the Court’s

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Scheduling Order.
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Meet and Confer. The Challenging Party shall initiate the

dispute resolution process under Local Rule 37.1 et seq.
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The burden of persuasion in any such challenge proceeding shall be on

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the Designating Party. Frivolous challenges, and those made for an improper

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purpose (e.g., to harass or impose unnecessary expenses and burdens on other

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parties) may expose the Challenging Party to sanctions. Unless the Designating

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Party has waived or withdrawn the confidentiality designation, all parties shall

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continue to afford the material in question the level of protection to which it is

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entitled under the Producing Party’s designation until the Court rules on the

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challenge.

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7.

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles. A Receiving Party may use Protected Material that is

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disclosed or produced by another Party or by a Non-Party in connection with this

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Action only for prosecuting, defending, or attempting to settle this Action. Such

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Protected Material may be disclosed only to the categories of persons and under the

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conditions described in this Order. When the Action has been terminated, a

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Receiving Party must comply with the provisions of section 13 below (FINAL

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DISPOSITION).

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Protected Material must be stored and maintained by a Receiving Party at a

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location and in a secure manner that ensures that access is limited to the persons

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authorized under this Order.
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Disclosure of “CONFIDENTIAL” Information or Items. Unless

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otherwise ordered by the court or permitted in writing by the Designating Party, a

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Receiving

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“CONFIDENTIAL” only to:

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(a)

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Party

may

disclose

any

information

or

item

designated

the Receiving Party’s Outside Counsel of Record in this Action,

as well as employees of said Outside Counsel of Record to whom it is reasonably
necessary to disclose the information for this Action;
(b)

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the officers, directors, and employees (including House Counsel)

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of the Receiving Party to whom disclosure is reasonably necessary for this Action,

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and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit

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A);
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Experts (as defined in this Order), and their staff and contractors,

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of the Receiving Party to whom disclosure is reasonably necessary for this Action

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and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit

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A);

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(d)

the court and its personnel;

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(e)

court reporters and their staff;

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(f)

professional jury or trial consultants, mock jurors, and

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Professional Vendors to whom disclosure is reasonably necessary for this Action

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and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit

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A);

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(g)

the author or recipient of a document containing the information

or a custodian or other person who otherwise possessed or knew the information;
(h)

during their depositions, witnesses, and attorneys for witnesses,

in the Action to whom disclosure is reasonably necessary provided: (1) the deposing

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party requests that the witness sign the “Acknowledgment and Agreement to Be

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Bound” (Exhibit A, attached hereto); and (2) they will not be permitted to keep any

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confidential information unless they sign Exhibit A, unless otherwise agreed by the

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Designating Party or ordered by the court. Pages of transcribed deposition testimony

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or exhibits to depositions that reveal Protected Material may be separately bound by

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the court reporter and may not be disclosed to anyone except as permitted under this

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Stipulated Protective Order; and
(i)

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any mediator or settlement officer, and their supporting

personnel, mutually agreed upon by any of the parties engaged in settlement
discussions.

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8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

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IN OTHER LITIGATION

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If a Party is served with a subpoena or a court order issued in other litigation

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that compels disclosure of any information or items designated in this Action as

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“CONFIDENTIAL,” that Party must:

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(a)

promptly notify in writing the Designating Party. Such

notification shall include a copy of the subpoena or court order;
(b)

promptly notify in writing the party who caused the subpoena or

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order to issue in the other litigation that some or all of the material covered by the

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subpoena or order is subject to this Protective Order. Such notification shall include

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a copy of this Stipulated Protective Order; and

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(c)

cooperate with respect to all reasonable procedures sought to be

pursued by the Designating Party whose Protected Material may be affected.

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If the Designating Party timely seeks a protective order, the Party served with

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the subpoena or court order shall not produce any information designated in this

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action as “CONFIDENTIAL” before a determination by the court from which the

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subpoena or order issued, unless the Party has obtained the Designating Party’s

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permission. The Designating Party shall bear the burden and expense of seeking

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protection in that court of its confidential material and nothing in these provisions

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should be construed as authorizing or encouraging a Receiving Party in this Action

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to disobey a lawful directive from another court.

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9.

A

NON-PARTY’S

PROTECTED

MATERIAL

SOUGHT

TO

BE

PRODUCED IN THIS LITIGATION
(a)

The terms of this Order are applicable to information produced

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by a Non-Party in this Action and designated as “CONFIDENTIAL.” Such

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information produced by Non-Parties in connection with this litigation is protected

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by the remedies and relief provided by this Order. Nothing in these provisions

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should be construed as prohibiting a Non-Party from seeking additional protections.

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(b)

In the event that a Party is required, by a valid discovery request,

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to produce a Non-Party’s confidential information in its possession, and the Party is

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subject to an agreement with the Non-Party not to produce the Non-Party’s

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confidential information, then the Party shall:
(1)

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promptly notify in writing the Requesting Party and the

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Non-Party that some or all of the information requested is subject to a

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confidentiality agreement with a Non-Party;
(2)

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promptly provide the Non-Party with a copy of the

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Stipulated Protective Order in this Action, the relevant discovery request(s), and a

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reasonably specific description of the information requested; and
(3)

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make the information requested available for inspection by

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the Non-Party, if requested.

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(c)

If the Non-Party fails to seek a protective order from this court

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within 14 days of receiving the notice and accompanying information, the Receiving

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Party may produce the Non-Party’s confidential information responsive to the

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discovery request. If the Non-Party timely seeks a protective order, the Receiving

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Party shall not produce any information in its possession or control that is subject to

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the confidentiality agreement with the Non-Party before a determination by the

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court. Absent a court order to the contrary, the Non-Party shall bear the burden and

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expense of seeking protection in this court of its Protected Material.

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10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

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Protected Material to any person or in any circumstance not authorized under this

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Stipulated Protective Order, the Receiving Party must immediately (a) notify in

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writing the Designating Party of the unauthorized disclosures, (b) use its best efforts

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to retrieve all unauthorized copies of the Protected Material, (c) inform the person or

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persons to whom unauthorized disclosures were made of all the terms of this Order,

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and (d) request such person or persons to execute the “Acknowledgment and

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Agreement to Be Bound” that is attached hereto as Exhibit A.

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11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

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PROTECTED MATERIAL

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If any information or document alleged to be subject to attorney-client

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privilege, attorney work product or any other applicable privilege or immunity from

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discovery is produced, such production shall in no way prejudice or otherwise

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constitute a waiver of, or estoppel as to, any claim of privilege, work product or

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other ground for withholding production to which the producing party would

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otherwise be entitled. If either party produces a document or other information that

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is privileged or protected, the receiving or disclosing party shall, upon discovery,

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promptly provide written notice to opposing counsel. Upon receipt of notification by

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the producing party that the document or information is privileged and was

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inadvertently produced, the party in possession of the alleged privileged material

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shall immediately destroy or return all copies, electronic or otherwise, of such

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document or other information. Nothing in this Discovery Plan shall waive or limit

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any protections afforded the Parties under Federal Rule of Evidence 502.
Pursuant to Federal Rule of Evidence 502(d), if in connection with the

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Litigation documents or information subject to a claim of attorney-client privilege or

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work product protection are disclosed (“Disclosed Information”) by a party (the

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“Disclosing Party”), the disclosure of such Disclosed Information shall not

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constitute or be deemed a waiver of any claim of attorney-client privilege or work

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product protection that the Disclosing Party would otherwise be entitled to assert

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with respect to the Disclosed Information and its subject matter. Any applicable

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privileges or protections shall only be waived on express written approval by the

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person or entity holding the privilege. The non-waiver of claims of attorney-client

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privilege and work product protection shall apply to the litigation pending before the

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Court as well as any other federal or state proceeding.

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12.

MISCELLANEOUS
12.1 Right to Further Relief. Nothing in this Order abridges the right of any

person to seek its modification by the Court in the future.

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12.2 Right to Assert Other Objections. By stipulating to the entry of this

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Protective Order no Party waives any right it otherwise would have to object to

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disclosing or producing any information or item on any ground not addressed in this

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Stipulated Protective Order. Similarly, no Party waives any right to object on any

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ground to use in evidence of any of the material covered by this Protective Order.

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12.3 Filing Protected Material. A Party that seeks to file under seal any

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Protected Material must comply with Civil Local Rule 79-5. Protected Material may

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only be filed under seal pursuant to a court order authorizing the sealing of the

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specific Protected Material at issue. If a Party's request to file Protected Material

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under seal is denied by the court, then the Receiving Party may file the information

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in the public record unless otherwise instructed by the court.

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13.

FINAL DISPOSITION

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After the final disposition of this Action, as defined in paragraph 4, within 60

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days of a written request by the Designating Party, each Receiving Party must return

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all Protected Material to the Producing Party or destroy such material. As used in

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this subdivision, “all Protected Material” includes all copies, abstracts, compilations,

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summaries, and any other format reproducing or capturing any of the Protected

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Material. Whether the Protected Material is returned or destroyed, the Receiving

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Party must submit a written certification to the Producing Party (and, if not the same

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person or entity, to the Designating Party) by the 60 day deadline that (1) identifies

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(by category, where appropriate) all the Protected Material that was returned or

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destroyed and (2) affirms that the Receiving Party has not retained any copies,

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abstracts, compilations, summaries or any other format reproducing or capturing any

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of the Protected Material. Notwithstanding this provision, Counsel are entitled to

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retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing

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transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

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reports, attorney work product, and consultant and expert work product, even if such

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materials contain Protected Material. Any such archival copies that contain or

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constitute Protected Material remain subject to this Protective Order as set forth in

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Section 4 (DURATION).

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14.

Any violation of this Order may be punished by any and all appropriate

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measures including, without limitation, contempt proceedings and/or monetary

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sanctions.

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15.

DOCUMENT PRODUCTION PROTOCOLS

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The parties agree to the Document Production Protocols Regarding

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Electronically Stored Information (“ESI”) and Hardcopy Documents set forth in the

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attached Exhibit B.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Dated: June 23, 2015

LATHAM & WATKINS LLP

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By:/s/ Philip X. Wang
Philip X. Wang
Attorney for Plaintiffs

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Dated: June 23, 2015

ASIAN AMERICANS ADVANCING JUSTICE–

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LOS ANGELES

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By:

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/s/ Laboni Hoq
Laboni Hoq
Attorney for Plaintiffs

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Dated: June 23, 2015

weintraub | tobin

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By:

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/s/ Jacob C. Gonzales
Jacob C. Gonzales
Attorney for Defendants

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Dated: June 23, 2015

KIMURA LONDON LLP

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By:

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/s/ Joshua Kimura
Joshua Kimura
Attorney for Defendants

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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DATED: ____6/23/2015____

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_____________________________________
ANDREW J. WISTRICH
U.S. MAGISTRATE JUDGE

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I, _______________________________________ [print or type full name],

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of __________________________________ [print or type full address], declare

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under penalty of perjury that I have read in its entirety and understand the Stipulated

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Protective Order that was issued by the United States District Court for the Central

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District of California on _______________ in the case of Ermita Alabado, et al., v.

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French Concepts, Inc., et al., United States District Court Case No. 2:15-CV-02830-

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FMO-AJW.. I agree to comply with and to be bound by all the terms of this

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Stipulated Protective Order and I understand and acknowledge that failure to so

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comply could expose me to sanctions and punishment in the nature of contempt. I

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solemnly promise that I will not disclose in any manner any information or item that

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is subject to this Stipulated Protective Order to any person or entity except in strict

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compliance with the provisions of this Order. I further agree to submit to the

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jurisdiction of the United States District Court for the Central District of California

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for the purpose of enforcing the terms of this Stipulated Protective Order, even if

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such enforcement proceedings occur after termination of this action.

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appoint

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_______________________________________ [print or type full address and

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telephone number] as my California agent for service of process in connection with

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this action or any proceedings related to enforcement of this

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Stipulated Protective Order.

__________________________

[print

or

type

full

I hereby
name]

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Date: ______________________________________

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City and State where sworn and signed: ________________________________

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Printed name: _______________________________

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Signature: __________________________________

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{00006743.DOCX;7}

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of

EXHIBIT B

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DOCUMENT PRODUCTION PROTOCOLS REGARDING
ELECTRONICALLY STORED INFORMATION (“ESI”)
AND HARDCOPY DOCUMENTS

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LOAD FILES FOR ESI AND HARDCOPY DOCUMENTS

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• A delimited text file (.DAT) is required, do not include OCR or extracted text
within the DAT file. The first line must include the field names. The
delimiters must be the following characters:
o Text Qualifier: (020)
o Delimiters: þ (254)
o Newline: ® (174).

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• DAT file should be in Unicode (UTF8) format.

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• A native file path must be provided for native deliverables.

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• A text file path must be provided for all deliverable.

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• The BEGBATES and ENDBATES fields should be populated for all
documents, regardless of family association. These fields should not be blank
under any circumstance.

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• The default date field format should be MM/DD/YYYY.

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• An OPT file is required for all TIFF images. The file shall include the name
of the tiff images, the volume number if any, the path to the TIFF images, and
the total number of pages per document.
• All TIFF images and production files including natives shall be named their
corresponding Bates number.

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{00006743.DOCX;7}

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ESI PRODUCTION

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Metadata Fields and Processing. Except for the BegBates, EndBates,
Begattach, EndAttach fields, the fields below will only be populated if the metadata
is present in the native file. Each of the metadata and coding fields required for
production is set forth below:
FIELDNAME
BEGBATES
ENDBATES
BEGATTACH

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ENDATTACH

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CUSTODIAN
FILENAME

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SOURCE PATH

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SOURCE
FOLDER
SENDER
TO
CC
BCC
SUBJECT
SENTDATE
SENTTIME
AUTHOR
TITLE
ATTACHCOUNT
ATTACH
LASTMODDATE

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LASTMODTIME

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CREATEDATE
CREATETIME
RECEIVEDDATE
RECEIVEDTIME
ACCESSEDDATE

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DESCRIPTION
Beginning Document Identification Number
Ending Document Identification Number
Internal beginning attachment number (These
fields should not be blank, even if the document is
the only member of the family.)
Internal ending attachment number (These fields
should not be blank, even if the document is the
only member of the family.)
The name of the person the file belongs to
Original file name
Fully qualified path to the source folder, files
and/or mail store
Full path to source file if eDoc or folder path
within a mail store if NSF or PST
The in the form field for the email
Recipients of the email
Recipients in the CC field of the email
Recipients in the BCC of the email
Subject of the email
Date when email was sent
Time when email was sent
Document Author Properties
Document Title properties
Number of attachments
Original file name of all attachments
The last modified date from a loose file
Time the electronic document was last modified
(extracted from metadata)
The date of when the loose file was created
The time of when the loose file was created
Date when email was received
Time when email was received
Date a loose file was last accessed

{00006743.DOCX;7}

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FIELDNAME
PGCOUNT
IMPORTANCE
SENSITIVITY
FILETYPE
FILEEXT
MD5HASH
COMMENTS
TEXTLINK
NATIVELINK

DESCRIPTION
Total number of pages. Populate with zero if no
page count is available
Importance message setting for the email
Sensitivity message setting for the email
Description of native file
File extension
Hash value for native file
Extracted comments entered by author
Current path to Text files
Current path to Native files

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E-mail. E-mail shall be collected in a manner that preserves all original
metadata and maintains the folder and source information identifying the original
location.
De-Duplication. Both parties agree to remove as much duplicate ESI per
custodian files.
TIFFs. Black and white images should be provided in single-page 1 Bits Per
Pixel TIFF format.
Embedded Objects. Non-image files embedded within documents will be
extracted as separate documents and treated like attachments to the document in
which they were embedded. Image files embedded within documents, such as
signature blocks, shall not be extracted as separate documents.

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Compressed files. Compression file types such as .zip files shall be
decompressed decompressed into the lowest possible compression resulting in
individual files.
Redaction. If a file that originates in ESI needs to be redacted before
production, the file will be rendered in TIFF, and the TIFF will be redacted and
produced.
Spreadsheets, Excel and Word documents. Any native files that are
produced shall have Bates-numbered TIFF image slip-sheet stating the documents
have been produced in native format. Native files shall be produced with the Source
File Path provided and extracted text and applicable metadata field.

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{00006743.DOCX;7}

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Bates Numbering. The Producing Party will brand all TIFF images in the
lower right-hand corner with their corresponding bates numbers, using a consistent
font type and size. The Producing Party will brand all TIFF images in the lower
left-hand corner with all confidentiality designations, if needed.

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HARDCOPY DOCUMENTS PRODUCTION
TIFFs. All hardcopy documents shall be scanned and produced in singlepaged TIFF files with the Optical Character Recognition (OCR)-acquired text files,
with unique Bates number per page, consistent with the load file requirements
above.

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Bates Numbering. The Producing Party will brand all TIFF images in the
lower right-hand corner with their corresponding bates numbers, using a consistent
font type and size. The Producing Party will brand all TIFF images in the lower
left-hand corner with all confidentiality designations, if needed.

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De-Duplication. Both parties agree to remove as much duplicate per
custodian files.

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{00006743.DOCX;7}

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PROOF OF SERVICE

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(CCP §§ 1013a(1), (3) and 1013(c) CRC Rule 2006(d)

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STATE OF CALIFORNIA, COUNTY OF ORANGE
I am over the age of eighteen years, and not a party to this action; and I am
employed in the County of Orange, California, in which county the within mailing
occurred. My business address is 23 Corporate Plaza Drive, #200, Newport Beach,
CA 92660.

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On June 23, 2015, I served a copy of the following documents:

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Document(s) Served: STIPULATED PROTECTIVE ORDER AND
ORDER REGARDING DOCUMENT PRODUCTION PROTOCOLS

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Person(s) or Party Served: See Attached Service List
[ ]

(BY EXPRESS SERVICE CARRIER) I deposited in a box or other facility
regularly maintained by OVERNITE EXPRESS/FEDERAL EXPRESS an
express service carrier, or delivered to a courier or driver authorized by said
express service carrier to receive documents a copy of the above-referenced
document, together with an unsigned copy of this declaration, in an envelope
designated by the said express service carrier, with delivery fees paid or
provided for, addressed to the above-referenced parties.

[XX] (BY ELECTRONICALLY) filing the foregoing document with the Clerk of
the United States District Court, Central District, using its ECF System,
which electronically notifies the persons on the attached service list at the
email addresses registered with the ECF System.
I declare under the law of the United States of America that the foregoing
information contained in the Proof of Service is true and correct.
I declare that I am employed in the office of a member of the bar of this Court
at whose direction the service was made.
Executed on June 23, 2015 at Newport Beach, California.

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/s/ Liz H. Graham
Liz H. Graham

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{00006743.DOCX;7}

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