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)
1
2
3
4
5
6
MARTIN H. MYERS (SBN 130218)
Email: mmyers@cov.com
GRETCHEN HOFF VARNER (SBN 284980)
Email: ghoffvarner@cov.com
COVINGTON & BURLING LLP
One Front Street, 35th Floor
San Francisco, California 94111-5356
Telephone: +1 (415) 591-6000
Attorneys for Plaintiff GALLO GLASS COMPANY
7
8
[Additional counsel listed on signature page]
9
UNITED STATES DISTRICT COURT
10
FOR THE EASTERN DISTRICT OF CALIFORNIA
11
12
Civil Case No.: 1:16-cv-01446-LJO-BAM
GALLO GLASS COMPANY,
13
Plaintiff,
JOINT STIPULATION AND ORDER
REGARDING DISCOVERY
14
15
16
17
v.
SPECIAL SHAPES REFRACTORY
COMPANY, INC., and NIKOLAUS
SORG GMBH & COMPANY KG,
18
19
20
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
21
22
IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff Gallo
23
Glass Company; Defendant, Cross-Claimant, and Cross-Defendant Special Shapes
24
Refractory Company, Inc.; and Defendant, Cross-Claimant, and Cross-Defendant
25
Nikolaus Sorg GmbH & Company KG (collectively, the “Parties”), through their
26
respective counsel of record, that:
27
28
JOINT STIPULATION AND ORDER REGARDING DISCOVERY
1
I.
RESOLUTION OF DISCOVERY DISPUTES
The Parties hereby stipulate and agree that all discovery disputes shall be resolved
2
3
in the first instance through informal telephonic conference pursuant to Paragraph 6 of
4
Hon. Barbara A. McAuliffe’s standard Case Management Procedures. In the event of a
5
discovery dispute, following a good faith effort to meet and confer with all parties (in
6
voice to voice dialog; other forms of communications are not sufficient), the party
7
contending there is a dispute (i.e., the party that would have the burden of moving the
8
court to resolve such dispute) shall obtain available teleconference dates and times from
9
Judge McAuliffe’s courtroom deputy, agree upon a date and time with opposing counsel,
10
and confirm with the courtroom deputy when the parties will call in. At least forty-eight
11
(48) hours prior to the date and time of the teleconference, the parties shall e-mail Judge
12
McAuliffe’s chambers (bamorders@caed.uscourts.gov) a two-page synopsis of their
13
dispute in a letter or memo format (no exhibits or attachments). The Parties agree to
14
abide by the resolution determined by Judge McAuliffe at such telephonic conference. In
15
the event Judge McAuliffe determines that a dispute cannot be resolved by such informal
16
procedures, the Parties reserve the right to seek all formal relief provided for under the
17
Federal Rules of Civil Procedure and the relevant Local Rules, consistent with the
18
Court’s direction.
In the event this case is reassigned to another Magistrate Judge for any reason,
19
20
the Parties agree to confer in good faith to agree upon substitute procedures for the
21
resolution of discovery disputes consistent with their obligations under this agreement
22
and such Magistrate Judge’s Case Management Procedures.
23
II.
24
25
26
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
27
produced as single-page TIF image files with related searchable OCR text and
28
bibliographic information. All images should be Bates numbered. Hard-copy documents
2
JOINT STIPULATION AND ORDER REGARDING DISCOVERY
1
must be produced as they are kept, reflecting page breaks, document breaks, attachment
2
relationships between documents and information about the file folders within which the
3
document is found.
4
(b)
E-Mail and Electronic Messages: E-mail and other electronic messages
5
(e.g., instant messages (IMs)) shall be deduplicated and produced in single page TIF
6
format with a Concordance load file and .txt files, with the following metadata fields: (1)
7
BegProd - starting production Bates number; (2) EndProd - ending production Bates
8
number; (3) BegAttach - starting attachment range; (4) EndAttach - ending attachment
9
range; (5) Custodian - custodian; (6) Author - author of email or other message; (7)
10
Recipient - recipient(s) of email or other message; (8) CC - copied recipient(s) of email
11
or other message; (9) BCC - blind copy recipient(s) of email or other message; (10)
12
Subject / File Name - subject or file name of email or other message; (11) Date Sent -
13
date email or other message sent; (12) Time Sent - time email message sent, as measured
14
by sender’s local time; (13) DateRec - date email or other message received; (14)
15
TimeRec - time email message received, as measured by recipient’s local time; (15)
16
CreateDate - creation date of loose electronic file; (16) CreateTime - creation time of
17
loose electronic file; (17) ModDate - last modified date of loose electronic file; (18)
18
ModTime - last modified time of loose electronic file; (19) ModAuthor - author who last
19
modified or saved the document; (20) FileName - file name of loose electronic file; (21)
20
PageCount - number of pages; (22) MD5Hash - unique document identifier; hash code;
21
(23) Sha1Hash - hash code; (24) Confidentiality - stamp applied to footer if document is
22
marked Confidential per the Stipulation for Protective Order and Protective Order; (25)
23
Application Name - software used to access the native file; (26) Document Extension -
24
operating system identifier as appearing in the native filename suffix; and (26) File Size -
25
size of file produced. The Parties reserve the ability to request that additional metadata
26
fields be set forth or provided for certain specified electronic documents upon review of
27
another Party’s production. The Parties reserve their respective rights to object to any
28
such request.
3
JOINT STIPULATION AND ORDER REGARDING DISCOVERY
1
(c)
Electronic Documents: Electronic documents, including word-processing
2
documents, spreadsheets, presentations, photographs, and all other electronic documents
3
not specifically discussed elsewhere, shall be produced in native form and single-page
4
TIF format with a Concordance load file and .txt files with the same metadata fields listed
5
in Section (b) above where available. The Parties reserve the ability to request that
6
additional metadata fields be set forth or provided for certain specified electronic
7
documents upon review of another Party’s production. The Parties reserve their
8
respective rights to object to any such request.
9
(d)
Spreadsheets: Spreadsheets shall be produced in native format (e.g., as
10
.XLS files) with Bates numbered placeholder single-page TIF images included in the
11
production transmittal along with related searchable text and metadata and bibliographic
12
information as listed in Section (b) above where available.
13
(e)
Presentations: Presentations shall be produced in full slide image format
14
along with speaker notes, with any speaker notes following the full images of the slides
15
(to both ease review and reduce volume and costs of production) with related searchable
16
text and metadata and bibliographic information. Presentations shall be produced in
17
native format (e.g., as .PPT files) and single-page TIF format with related searchable text
18
and metadata and bibliographic information as listed in Section (b) above where
19
available.
20
(f)
Design or Technical Documents: Design or Technical Documents that
21
cannot be accessed absent proprietary and/or specialized software (e.g. DWG or 3D
22
images) shall be produced in native format and produced in single-page TIF format with
23
related searchable text and metadata and bibliographic information as listed in Section (b)
24
above where available.
25
(g)
Video Files: Video files should be produced in native format with Bates
26
numbered placeholder single-page TIF images included in the production transmittal
27
along with related searchable text and metadata and bibliographic information as listed in
28
Section (b) above where available.
4
JOINT STIPULATION AND ORDER REGARDING DISCOVERY
1
(h)
Audio Files: Audio files (e.g. voice messages, recorded phone
2
conversations, or similar recordings) should be produced in native format with Bates
3
numbered placeholder single-page TIF images included in the production transmittal
4
along with related searchable text and metadata and bibliographic information as listed in
5
Section (b) above where available.
6
7
Dated: March 31, 2017
8
COVINGTON & BURLING LLP
By: /s/ Gretchen Hoff Varner
MARTIN H. MYERS
Email: mmyers@cov.com
GRETCHEN HOFF VARNER
Email: ghoffvarner@cov.com
One Front Street, 35th Floor
San Francisco, California 94111
Telephone: +1 (415) 591-6000
Attorneys for GALLO GLASS COMPANY
9
10
11
12
13
14
15
Dated: March 31, 2017
LORBER GREENFIELD & POLITO LLP
16
17
18
19
20
21
22
By: /s/ Lisa G. Schlittner
(as authorized on March, 30, 2017)
LISA G. SCHLITTNER
Email: lgs@lorberlaw.com
150 Post Street, Suite 700
San Francisco, CA 94108
Telephone: +1 (877) 229-9800
Attorneys for SPECIAL SHAPES
REFRACTORY COMPANY
23
24
25
26
27
28
5
JOINT STIPULATION AND ORDER REGARDING DISCOVERY
1
Dated: March 31, 2017
2
By: /s/ Joshua H. Willert
(as authorized on March 30, 2017)
EDWARD R. HUGUENIN
Email: ehuguenin@greenhall.com
ROBERT J. KHAN
Email: rkahn@greenhall.com
JOSHUA H. WILLERT
Email: jwillert@greenhall.com
3741 Douglas Blvd., Suite 290
Roseville, CA 95661
Telephone: +1 (916) 367-7098
Attorneys for NIKOLAUS SORG GMBH &
COMPANY KG
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
GREEN & HALL LLP
Dated: March 31, 2017
DUANE MORRIS LLP
By: /s/ Brendan Ruddy
(as authorized on March 30, 2017)
ROBERT C. HENDRICKSON
Email: rchendrickson@duanemorris.com
BRENDAN RUDDY
Email: bpruddy@duanemorris.com
One Market Plaza, Spear Tower, Ste
2200
San Francisco, CA 94105
Telephone: +1 (415) 957-3000
Attorneys for NIKOLAUS SORG GMBH &
COMPANY KG
22
23
24
25
26
27
28
6
JOINT STIPULATION AND ORDER REGARDING DISCOVERY
1
ORDER
2
The Stipulation for resolution of discovery disputes and discovery protocols is
3
APPROVED.
4
5
6
7
IT IS SO ORDERED.
Dated:
/s/ Barbara
April 6, 2017
A. McAuliffe
_
UNITED STATES MAGISTRATE JUDGE
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7
JOINT STIPULATION AND ORDER REGARDING DISCOVERY
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?