Gallo Glass Company v. Special Shapes Refractory Company, Inc. et al

Filing 40

Joint STIPULATION and ORDER Regarding Discovery, signed by Magistrate Judge Barbara A. McAuliffe on 4/6/2017. (Herman, H)

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MARTIN H. MYERS (SBN 130218)
Email: [e-mail]
GRETCHEN HOFF VARNER (SBN 284980)
Email: [e-mail]
COVINGTON & BURLING LLP
One Front Street, 35th Floor
San Francisco, California 94111-5356
Telephone: [phone]
Attorneys for Plaintiff GALLO GLASS COMPANY

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[Additional counsel listed on signature page]

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Civil Case No.: 1:16-cv-01446-LJO-BAM
GALLO GLASS COMPANY,

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Plaintiff,

JOINT STIPULATION AND ORDER
REGARDING DISCOVERY

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v.
SPECIAL SHAPES REFRACTORY
COMPANY, INC., and NIKOLAUS
SORG GMBH & COMPANY KG,

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Defendants.

District Judge Lawrence J. O’Neill
Magistrate Judge Barbara A. McAuliffe
Complaint Filed: September 28, 2016
Trial Date: June 4, 2019

AND RELATED CROSS-CLAIMS

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IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff Gallo

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Glass Company; Defendant, Cross-Claimant, and Cross-Defendant Special Shapes

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Refractory Company, Inc.; and Defendant, Cross-Claimant, and Cross-Defendant

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Nikolaus Sorg GmbH & Company KG (collectively, the “Parties”), through their

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respective counsel of record, that:

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JOINT STIPULATION AND ORDER REGARDING DISCOVERY

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I.

RESOLUTION OF DISCOVERY DISPUTES
The Parties hereby stipulate and agree that all discovery disputes shall be resolved

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in the first instance through informal telephonic conference pursuant to Paragraph 6 of

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Hon. Barbara A. McAuliffe’s standard Case Management Procedures. In the event of a

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discovery dispute, following a good faith effort to meet and confer with all parties (in

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voice to voice dialog; other forms of communications are not sufficient), the party

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contending there is a dispute (i.e., the party that would have the burden of moving the

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court to resolve such dispute) shall obtain available teleconference dates and times from

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Judge McAuliffe’s courtroom deputy, agree upon a date and time with opposing counsel,

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and confirm with the courtroom deputy when the parties will call in. At least forty-eight

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(48) hours prior to the date and time of the teleconference, the parties shall e-mail Judge

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McAuliffe’s chambers ([e-mail]) a two-page synopsis of their

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dispute in a letter or memo format (no exhibits or attachments). The Parties agree to

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abide by the resolution determined by Judge McAuliffe at such telephonic conference. In

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the event Judge McAuliffe determines that a dispute cannot be resolved by such informal

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procedures, the Parties reserve the right to seek all formal relief provided for under the

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Federal Rules of Civil Procedure and the relevant Local Rules, consistent with the

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Court’s direction.
In the event this case is reassigned to another Magistrate Judge for any reason,

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the Parties agree to confer in good faith to agree upon substitute procedures for the

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resolution of discovery disputes consistent with their obligations under this agreement

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and such Magistrate Judge’s Case Management Procedures.

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II.

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DOCUMENT PRODUCTION PROTOCOL
The Parties hereby stipulate and agree that they will follow the following protocol

for production of electronically stored information and hard-copy documents:
(a)

Hard-Copy (or Paper) Documents: Hard-copy documents shall be

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produced as single-page TIF image files with related searchable OCR text and

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bibliographic information. All images should be Bates numbered. Hard-copy documents
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JOINT STIPULATION AND ORDER REGARDING DISCOVERY

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must be produced as they are kept, reflecting page breaks, document breaks, attachment

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relationships between documents and information about the file folders within which the

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document is found.

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(b)

E-Mail and Electronic Messages: E-mail and other electronic messages

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(e.g., instant messages (IMs)) shall be deduplicated and produced in single page TIF

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format with a Concordance load file and .txt files, with the following metadata fields: (1)

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BegProd - starting production Bates number; (2) EndProd - ending production Bates

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number; (3) BegAttach - starting attachment range; (4) EndAttach - ending attachment

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range; (5) Custodian - custodian; (6) Author - author of email or other message; (7)

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Recipient - recipient(s) of email or other message; (8) CC - copied recipient(s) of email

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or other message; (9) BCC - blind copy recipient(s) of email or other message; (10)

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Subject / File Name - subject or file name of email or other message; (11) Date Sent -

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date email or other message sent; (12) Time Sent - time email message sent, as measured

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by sender’s local time; (13) DateRec - date email or other message received; (14)

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TimeRec - time email message received, as measured by recipient’s local time; (15)

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CreateDate - creation date of loose electronic file; (16) CreateTime - creation time of

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loose electronic file; (17) ModDate - last modified date of loose electronic file; (18)

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ModTime - last modified time of loose electronic file; (19) ModAuthor - author who last

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modified or saved the document; (20) FileName - file name of loose electronic file; (21)

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PageCount - number of pages; (22) MD5Hash - unique document identifier; hash code;

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(23) Sha1Hash - hash code; (24) Confidentiality - stamp applied to footer if document is

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marked Confidential per the Stipulation for Protective Order and Protective Order; (25)

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Application Name - software used to access the native file; (26) Document Extension -

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operating system identifier as appearing in the native filename suffix; and (26) File Size -

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size of file produced. The Parties reserve the ability to request that additional metadata

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fields be set forth or provided for certain specified electronic documents upon review of

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another Party’s production. The Parties reserve their respective rights to object to any

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such request.
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JOINT STIPULATION AND ORDER REGARDING DISCOVERY

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(c)

Electronic Documents: Electronic documents, including word-processing

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documents, spreadsheets, presentations, photographs, and all other electronic documents

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not specifically discussed elsewhere, shall be produced in native form and single-page

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TIF format with a Concordance load file and .txt files with the same metadata fields listed

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in Section (b) above where available. The Parties reserve the ability to request that

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additional metadata fields be set forth or provided for certain specified electronic

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documents upon review of another Party’s production. The Parties reserve their

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respective rights to object to any such request.

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(d)

Spreadsheets: Spreadsheets shall be produced in native format (e.g., as

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.XLS files) with Bates numbered placeholder single-page TIF images included in the

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production transmittal along with related searchable text and metadata and bibliographic

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information as listed in Section (b) above where available.

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(e)

Presentations: Presentations shall be produced in full slide image format

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along with speaker notes, with any speaker notes following the full images of the slides

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(to both ease review and reduce volume and costs of production) with related searchable

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text and metadata and bibliographic information. Presentations shall be produced in

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native format (e.g., as .PPT files) and single-page TIF format with related searchable text

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and metadata and bibliographic information as listed in Section (b) above where

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available.

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(f)

Design or Technical Documents: Design or Technical Documents that

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cannot be accessed absent proprietary and/or specialized software (e.g. DWG or 3D

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images) shall be produced in native format and produced in single-page TIF format with

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related searchable text and metadata and bibliographic information as listed in Section (b)

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above where available.

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(g)

Video Files: Video files should be produced in native format with Bates

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numbered placeholder single-page TIF images included in the production transmittal

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along with related searchable text and metadata and bibliographic information as listed in

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Section (b) above where available.
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JOINT STIPULATION AND ORDER REGARDING DISCOVERY

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(h)

Audio Files: Audio files (e.g. voice messages, recorded phone

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conversations, or similar recordings) should be produced in native format with Bates

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numbered placeholder single-page TIF images included in the production transmittal

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along with related searchable text and metadata and bibliographic information as listed in

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Section (b) above where available.

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Dated: March 31, 2017

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COVINGTON & BURLING LLP
By: /s/ Gretchen Hoff Varner
MARTIN H. MYERS
Email: [e-mail]
GRETCHEN HOFF VARNER
Email: [e-mail]
One Front Street, 35th Floor
San Francisco, California 94111
Telephone: [phone]
Attorneys for GALLO GLASS COMPANY

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Dated: March 31, 2017

LORBER GREENFIELD & POLITO LLP

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By: /s/ Lisa G. Schlittner
(as authorized on March, 30, 2017)
LISA G. SCHLITTNER
Email: [e-mail]
150 Post Street, Suite 700
San Francisco, CA 94108
Telephone: [phone]
Attorneys for SPECIAL SHAPES
REFRACTORY COMPANY

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JOINT STIPULATION AND ORDER REGARDING DISCOVERY

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Dated: March 31, 2017

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By: /s/ Joshua H. Willert
(as authorized on March 30, 2017)
EDWARD R. HUGUENIN
Email: [e-mail]
ROBERT J. KHAN
Email: [e-mail]
JOSHUA H. WILLERT
Email: [e-mail]
3741 Douglas Blvd., Suite 290
Roseville, CA 95661
Telephone: [phone]
Attorneys for NIKOLAUS SORG GMBH &
COMPANY KG

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GREEN & HALL LLP

Dated: March 31, 2017

DUANE MORRIS LLP
By: /s/ Brendan Ruddy
(as authorized on March 30, 2017)
ROBERT C. HENDRICKSON
Email: [e-mail]
BRENDAN RUDDY
Email: [e-mail]
One Market Plaza, Spear Tower, Ste
2200
San Francisco, CA 94105
Telephone: [phone]
Attorneys for NIKOLAUS SORG GMBH &
COMPANY KG

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JOINT STIPULATION AND ORDER REGARDING DISCOVERY

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ORDER

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The Stipulation for resolution of discovery disputes and discovery protocols is

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APPROVED.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 6, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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JOINT STIPULATION AND ORDER REGARDING DISCOVERY