Black & Veatch Corporation v. Modesto Irrigation District

Filing 153

STIPULATION and ORDER regarding Black and Veatch's Motion to Compel Production of MID's Emails and Attachments, document 125 . The Court will conduct a further telephone conference to discuss the parties'progress with this matter with the hearing set for 8/7/2012 at 11:00 AM before Magistrate Judge Sheila K. Oberto. The Court further ORDERS the hearing on the Motion to Compel currently set for 8/1/2012 CONTINUED to 8/22/2012 at 9:30 AM before Magistrate Judge Sheila K. Oberto; order signed by Magistrate Judge Sheila K. Oberto on 7/31/2012. (Rooney, M)

8 LANG, RICHERT & PATCH
Mark L. Creede, SBN 128418
9 Matthew W. Quall, SBN 183759
Fig Garden Financial Center
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5200 North Palm Avenue, Fourth Floor
11 Fresno, CA 93704
Telephone: [phone]
12 Facsimile: [phone]
PROFESSIONAL CORPORATION
KAISER CENTER
300 LAKESIDE DRIVE, 24TH FLOOR
OAKLAND, CALIFORNIA 94612-3524
Tel [phone] • Fax [phone]

LAW OFFICES

WULFSBERG REESE COLVIG & FIRSTMAN

1 WULFSBERG REESE COLVIG & FIRSTMAN
PROFESSIONAL CORPORATION
2 H. James Wulfsberg, SBN 046192
3 Gregory R. Aker, SBN 104171
Stephen L. Cali, SBN 133923
4 David J. Hyndman, SBN 193944
Kaiser Center
5 300 Lakeside Drive, 24th Floor
Oakland, California 94612-3524
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Telephone: [phone]
7 Facsimile: [phone]

13 Attorneys for Plaintiff and Counterdefendant
BLACK & VEATCH CORPORATION
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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BLACK & VEATCH CORPORATION,

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Plaintiff,
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vs.
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MODESTO IRRIGATION DISTRICT,
Defendant.

Case No. 1:11-cv-00695 LJO SKO
STIPULATION AND ORDER
REGARDING BLACK & VEATCH’S
MOTION TO COMPEL PRODUCTION OF
MID’S EMAILS AND ATTACHMENTS
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AND RELATED ACTIONS.
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STIPULATION AND ORDER

July 26, 2012
3:00 p.m.
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Hon. Sheila K. Oberto

Trial Date:

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Date:
Time:
Courtroom:
Judge:

July 16, 2013

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STIPULATION
Plaintiff and counterdefendant Black & Veatch Corporation and defendant and counter-

3 claimant Modesto Irrigation District (MID) conducted a telephone conference with the Court, the
4 Honorable Sheila K. Oberto, presiding, on July 26, 2012, at 3 PM, in a further attempt to resolve
5 the disputes arising from Black & Veatch’s motion to compel production of MID’s emails and
6 attachments. As a result of that conference, Black & Veatch and MID agree as follows:
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1. As outlined in paragraph 3, below, MID agrees to share with Black & Veatch on an

8 equal basis the cost of cataloging all backup tapes for its GroupWise emails and attachments, not
9 to exceed $28,930.00, as set forth in the Iris Data Service (IDS) proposal filed with the Court on

11 whether it is possible to reach an agreement on a cost-sharing arrangement for the balance of
12 IDS’s work in recovering the GroupWise emails and attachments.
PROFESSIONAL CORPORATION
KAISER CENTER
300 LAKESIDE DRIVE, 24TH FLOOR
OAKLAND, CALIFORNIA 94612-3524
Tel [phone] • Fax [phone]

LAW OFFICES

WULFSBERG REESE COLVIG & FIRSTMAN

10 July 25, 2012. Once cataloging of the tapes is complete, MID and Black & Veatch will discuss

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2. To comply with NERC data security regulations applicable to MID, Black & Veatch

14 agrees to provide MID the following information, before the backup tapes are released:
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(a) the identity of each person at IDS, or at any subconsultant engaged by IDS to assist in

16 performing the work, who will have access to the data contained on the backup tapes;
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(b) the provisions in place for returning the tapes to MID following recovery of the

18 GroupWise emails and attachments;
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(c) assurances from IDS and any of its subconsultants that no copies of the backup tapes

20 will be retained following recovery of the GroupWise emails and attachments;
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(d) the entry of a protective order by the Court incorporating these terms, which Black &

22 Veatch agrees to prepare, and the agreement of IDS and any of its subconsultants that they will be
23 bound by the terms of the protective order.
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3. Following the entry of a protective order as described in the preceding paragraph, MID

25 agrees promptly to have IDS create encrypted copies of all backup tapes containing GroupWise
26 emails and attachments, subject to the provisions of the stipulated protective order, so that IDS
27 may immediately begin cataloging their contents.
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-1STIPULATION AND ORDER

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4. With respect to MID’s emails and attachments from 2008 to the present, which MID

2 previously produced in hard copy pursuant to Black & Veatch’s CPRA requests, Black & Veatch
3 agrees to provide MID by Friday, July 27, 2012, a revised list of search terms, narrowed in scope
4 to attempt to reduce the number of emails produced by the search. MID agrees to promptly run a
5 search of the emails, based on the search terms Black & Veatch provides, and to inform Black &
6 Veatch of the results of that search no later than Tuesday, July 31, 2012. At that time, MID and
7 Black & Veatch will attempt to agree on production of the emails, or on ways of further narrowing
8 the search to emails relevant to the project in dispute in this case.
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5. Counsel for Black & Veatch and MID will meet & confer by telephone on Tuesday,

11 with respect to the GroupWise emails and attachments and MID’s 2008-present emails.
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PROFESSIONAL CORPORATION
KAISER CENTER
300 LAKESIDE DRIVE, 24TH FLOOR
OAKLAND, CALIFORNIA 94612-3524
Tel [phone] • Fax [phone]

LAW OFFICES

WULFSBERG REESE COLVIG & FIRSTMAN

10 July 31, 2012, at 4:30 PM, to attempt to further resolve any and all remaining discovery issues

6. The Court will conduct a further telephone conference to discuss the parties’ progress

13 on each of the above-stated points Tuesday, August 7, 2012, at 11 AM. Counsel for Black &
14 Veatch will set up the call.
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7. The hearing on Black & Veatch’s motion to compel production of MID’s emails and

16 other electronic records, currently on calendar for August 1, 2012, at 9:30 AM, shall be continued
17 to Wednesday, August 22, at 9:30 AM.
18 DATED: July 30, 2012
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WULFSBERG REESE COLVIG & FIRSTMAN
PROFESSIONAL CORPORATION

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By /s/ Gregory R. Aker
Gregory R. Aker

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Attorneys for Plaintiff and Counterdefendant
BLACK & VEATCH CORPORATION

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24 DATED: July 30, 2012

McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH, LLP

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By /s/ Stephen Carroll (As Authorized on 07/30/12)
Stephen E. Carroll

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Attorneys for Defendant and Counterclaimant
MODESTO IRRIGATION DISTRICT

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-2STIPULATION AND ORDER

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ORDER

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Based upon the stipulation of Black & Veatch and MID, as set forth above, and good cause

4 appearing therefor,
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IT IS SO ORDERED.
Dated:

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July 31, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

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PROFESSIONAL CORPORATION
KAISER CENTER
300 LAKESIDE DRIVE, 24TH FLOOR
OAKLAND, CALIFORNIA 94612-3524
Tel [phone] • Fax [phone]

LAW OFFICES

WULFSBERG REESE COLVIG & FIRSTMAN

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-3STIPULATION AND ORDER