In Re Sony PS3 "Other OS" Litigation
Filing
183
STIPULATION [PROPOSED] STIPULATED ORDER REGARDING DOCUMENT PRODUCTION PROTOCOL by Sony Computer Entertainment America Inc, Sony Computer Entertainment America LLC. (Ott, Carter) (Filed on 11/28/2011)
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LUANNE SACKS, Bar No. 120811
luanne.sacks@dlapiper.com
CARTER W. OTT, Bar No. 221660
carter.ott@dlapiper.com
DLA PIPER LLP (US)
555 Mission Street, Suite 2400
San Francisco, CA 94105
Tel: 415.836.2500
Fax: 415.836.2501
JOSEPH COLLINS (Pro Hac Vice, Ill. Bar No.
06238527)
joseph.collins@dlapiper.com
DLA PIPER LLP (US)
203 North LaSalle Street, Suite 1900
Chicago, IL 60601-1293
Tel: 312.368.4000
Fax: 312.236.7516
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Attorneys for Defendant
SONY COMPUTER ENTERTAINMENT
AMERICA LLC
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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IN RE SONY PS3 “OTHER OS”
LITIGATION
CASE NO. CV-10-1811-RS
[PROPOSED] STIPULATED ORDER
REGARDING DOCUMENT
PRODUCTION PROTOCOL
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DLA P IPER LLP (US)
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[PROPOSED] STIPULATED ORDER REGARDING DOCUMENT PRODUCTION PROTOCOL
CASE NO. CV-10-1811-RS
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1.
Applicability. This document production protocol shall apply prospectively to the
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production of documents existing in hard-copy form or in electronic form in this action by
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Plaintiffs or defendant Sony Computer Entertainment America LLC (“SCEA”)This Order shall
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apply to this matter and to all related actions that will be originally filed in, transferred to, or
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removed to this Court and consolidated with this matter.
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2.
General Format of Production. All documents that originally existed in either
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hard-copy or native electronic form that are produced in these proceedings shall be produced in
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electronic image form in the manner provided herein, and shall carry Bates stamp numbers and,
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where appropriate, confidentiality designations, in a manner that does not obscure any writing or
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image on the original document. Each document’s electronic image shall convey the same
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information and image as the original document. Documents that present imaging or formatting
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problems shall be promptly identified and the parties shall meet and confer to attempt to resolve
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the problems. Notwithstanding the foregoing, by mutual agreement in a writing signed by the
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parties, the parties may agree to modify the production format without approval by the Court.
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3.
Production Media. The parties shall produce documents on CD-ROM, DVD,
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external hard drive (with standard PC compatible interface), or such other readily accessible
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computer or electronic media as the parties may hereafter agree upon (the “Production Media”).
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Each piece of Production Media shall identify a production number corresponding to the
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production “wave” the documents on the Production Media are associated with (e.g., “SCEA00l”;
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“SCEA002”), as well as the volume of the material in that production wave (e.g., “-001”; “-002”).
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For example, if the first production wave by either partycomprises document images on three
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hard drives, that partyshall label each hard drive in the following manner: “SCEA001-001”;
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“SCEA001-002”; “SCEA001-003.” Additional information that shall be identified on the
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physical Production Media shall include: (1) text referencing that it was produced in this matter,
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(2) the production date, and (3) the Bates Number range(s) of the materials contained on the
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Production Media.
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4.
Cooperation. The parties shall meet and confer and cooperate to facilitate the
import and use of the produced materials with commercially available document management or
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[PROPOSED] STIPULATED ORDER REGARDING DOCUMENT PRODUCTION PROTOCOL
CASE NO. CV-10-1811-RS
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litigation support software. All requests to meet and confer pursuant to this order shall conclude
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within fourteen days of the requesting party’s initial request.
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5.
Production Format Of Electronically Stored Information. Except as set forth
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herein or by subsequent agreement or order, all electronically stored documents shall be produced
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in Tagged Image File format (“TIFF”), single page, Group IV TIFF, black and white at 300 x 300
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dpi resolution. If a color image is produced in black and white, the receiving party may request
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the producing party to produce the original, color image. After receiving such a request for color
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production, the parties will meet and confer on a reasonable and cost-effective means of
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providing the requested documents. The production format shall conform to the following
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requirements:
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a.
The image file names shall match the Bates number assigned to the image
(for example: SCEA0000001.TIF).
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b.
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set forth in Paragraph 2, above.
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c.
Documents shall carry Bates numbers and confidentiality designations as
Load files: The parties shall produce documents, data and information
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either on hard drives, DVDs or CDs, depending on the size of the production, in the following
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folders:
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i.
Images folder - Single-page TIFF - Group IV Black & White
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ii.
OPT folder - Pathing to the single-page TIFFs
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iii.
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DAT folder
Metadata fields set forth below
Relative pathing to OCR
Relative pathing to natives (if producing any natives)
iv.
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OCR folder
Extracted text/OCR - document level text files – ANSI format
Relative pathing to text files in DAT (example:.\OCR\001\INV00001.txt)
The extracted text/OCR shall be Unicode compliant in foreign language
documents.
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The metadata fields to be provided in the DAT folder shall be as follows:
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BEGBates
CC
MODIFIEDDATE
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[PROPOSED] STIPULATED ORDER REGARDING DOCUMENT PRODUCTION PROTOCOL
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ENDBates
BCC
MODIFIEDTIME
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BEGATTACH
DATESENT
HASHVALUE
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ENDATTACH
TIMESENT
CUSTODIAN
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ATTACHRANGE
DATERECEIVED
CONVERSATION ID
ATTCOUNT
TIMERECEIVED
DUP ID
PAGECOUNT
FILENAME
OCR PATH – (Example of
relative
pathing:.\OCR\001\INV00001.txt)
FILETYPE
FILEEXT
NATIVE LINK (Example of relative
pathing:.\NATIVES\001\INV0000
1.xls)
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EMAILSUBJECT
AUTHOR
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TO
CREATEDATE
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FROM
CREATETIME
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e.
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If the parties have data that was created with proprietary
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software and/or MDB database files, this data shall be produced in Single Page Tiff format or in
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such other mutually agreeable format that will allow the receiving party to render the data for
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review.
f.
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Any party producing electronic information shall disclose any restrictions
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as to scope and method which may affect their ability to conduct a complete electronic search of
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the electronically stored information. The parties shall meet and confer in good faith to reach
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agreements as to the method of searching, and the terms and phrases to be searched. The parties
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shall also meet and confer regarding the timing and conditions of any additional searches which
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may become necessary in the normal course of discovery.
g.
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Generally excel spreadsheets shall be produced in native format and in the
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event that production in native would be unduly burdensome, the producing party will produce in
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TIFF. In addition, the parties shall meet and confer regarding any other documents produced in
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TIFF which the receiving party requests to receive in native format. Notwithstanding this
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paragraph, any document that is properly redacted shall be produced in TIFF in compliance with
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[PROPOSED] STIPULATED ORDER REGARDING DOCUMENT PRODUCTION PROTOCOL
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Section 6 below. The parties shall meet and confer to the extent the production of documents in
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TIFF eliminates the production of relevant information or affects whether the document is in
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usable form, and any nonprivileged relevant information will be thereafter produced in a mutually
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agreeable and usable form per the parties' meet and confer agreements. The burden of
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demonstrating that it is burdensome to produce a document in native format is on the producing
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party.
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6.
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Production Format Of Hard Copy Documents.
a.
All hard copy documents shall be produced as single-page “TIFFs,” shall
be scanned at industry standard resolution and shall reflect, without visual degradation, the full
and complete information contained on the original document.
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b.
All TIFF images shall be produced with associated OCR text and
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DAT and OPT load files. The DAT load file shall contain the Objective Coding Fields referenced
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below. The OPT load file will contain pathing to the Single Page TIFF images.
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c.
Each page image file shall be named with the unique Bates Number of
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the page of the document in the case of single-page TIFFs, followed by the extension “.TIF.” In
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the event the Bates Number contains a symbol and/or character that cannot be included in a file
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name, the symbol and/or character will be omitted from the file name.
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d.
In scanning paper documents, distinct documents shall not be merged into
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a single record, and single documents shall not be split into multiple records (i.e., paper
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documents should be logically unitized).
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e.
parent document) shall be preserved.
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Parent-child relationships (the association between an attachment and its
f.
At least the following objective coding fields should be provided for
all hard copy documents:
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i.
Beginning Bates Number
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ii.
Ending Bates Number
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iii.
Beginning Attachment Number
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iv.
Ending Attachment Number
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[PROPOSED] STIPULATED ORDER REGARDING DOCUMENT PRODUCTION PROTOCOL
CASE NO. CV-10-1811-RS
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v.
Source and Custodian Information
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vi.
Redacted
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vii.
OCR. Document Level Txt files, with relative pathing to the txt
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files in the DAT. Example of relative pathing:
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.\OCR\001\INV00001.txt
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g.
Where a single document custodian has more than one identical hard copy
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of a document (i.e., the documents are visually the same in every respect), the producing party
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need only produce a single copy of that document. Where multiple document custodians each
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possess their own copies of an identical document, the document shall be produced once for each
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custodian in possession of the document. De- duplicated originals shall be securely retained and
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made available for inspection and copying.
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IT IS SO STIPULATED.
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Dated:_November 28, 2011_
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By: /s/ Carter W. Ott
Carter W. Ott
Counsel for defendant Sony Computer
Entertainment America LLC
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DLA PIPER LLP (US)
____________________
Dated:_November 28, 2011_
_______________________
CALVO FISHER & JACOB LLP
By: /s/ James A. Quadra
James A. Quadra
Other OS Plaintiffs’ Interim Co-Lead Counsel
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Dated:_November 28, 2011_
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FINKELSTEIN THOMPSON LLP
By: /s/ Rosemary M. Rivas
Rosemary M. Rivas
Other OS Plaintiffs’ Interim Co-Lead Counsel
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DLA P IPER LLP ( US )
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[PROPOSED] STIPULATED ORDER REGARDING DOCUMENT PRODUCTION PROTOCOL
CASE NO. CV-10-1811-RS
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Dated:_November 28, 2011_
HAUSFELD LLP
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By: /s/ James Pizzirusso
James Pizzirusso (Pro hac vice)
Other OS Plaintiffs’ Interim Co-Lead Counsel
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I, Carter Ott, am the ECF user whose identification and password are being used to file the
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foregoing [Proposed] Stipulated Order Regarding Document Production Protocol. I hereby attest
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that the above-referenced signatories to this stipulation have concurred in this filing.
ORDER
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Dated:
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By:
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Honorable Richard G. Seeborg
United States District Judge
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DLA P IPER LLP ( US )
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[PROPOSED] STIPULATED ORDER REGARDING DOCUMENT PRODUCTION PROTOCOL
CASE NO. CV-10-1811-RS
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