Collins v. Duracell, Inc. et al

Filing 28

STIPULATION AND ORDER re 26 STIPULATION WITH PROPOSED ORDER on E-Discovery filed by James Collins. Signed by Judge Elizabeth D. Laporte on August 20, 2012. (edllc2, COURT STAFF) (Filed on 8/20/2012)

Case3:12-cv-01778-EDL Document26 Filed08/14/12 Page1 of 5

1
2
3
4
5
6
7
8
9
10

Robert A. Mittelstaedt (State Bar No. 60359)
[e-mail]
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Darren K. Cottriel (State Bar No. 184731)
[e-mail]
JONES DAY
3161 Michelson Drive, Suite 800
Irvine, CA 92612
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
THE GILLETTE COMPANY AND THE
PROCTER & GAMBLE COMPANY

11
UNITED STATES DISTRICT COURT
12
NORTHERN DISTRICT OF CALIFORNIA
13
14
15

JAMES COLLINS, Individually and on Behalf
of All others Similarly Situated
Plaintiff,

16
17
18
19

v.

Case No. CV-12-1778-EDL
JOINT STIPULATION AND
[PROPOSED] ORDER ON EDISCOVERY

THE GILLETTE COMPANY and THE
PROCTER & GAMBLE COMPANY,
Defendants.

20
21
22
23
24

WHEREAS, on July 31, 2012, the Court ordered that the parties meet and confer and file
a stipulation and proposed order regarding their agreements on E-discovery.
WHEREAS, on August 8, 2012, Plaintiff James Collins (“Plaintiff”) and Defendants The

25

Gillette Company and The Proctor & Gamble Company (“Defendants”), by their undersigned

26

counsel, met and conferred and reached an agreement regarding the format of the production of

27

E-Discovery.

28
JOINT STIPULATION AND [PROPOSED] ORDER
ON E-DISCOVERY
Case No.: CV-12-1778-EDL

Case3:12-cv-01778-EDL Document26 Filed08/14/12 Page2 of 5

1

ACCORDINGLY, IT IS HEREBY STIPULATED by and between Plaintiff and

2

Defendants that E-discovery will be produced according to the following specifications:

3

1. Document Production Format.

4

a. TIFF Images. Unless otherwise stated below, each document shall be produced in

5

black and white Group IV Tagged Image File Format (“TIFF”) regardless of whether

6

it was stored by the parties in the ordinary course of business in electronic or hard

7

copy form. Each TIFF image file should be one page and should reflect how the

8

source document would appear if printed to hard copy.

9

b. Load Files. Document productions shall include Relativity-compatible Load Files that

10

indicate document breaks of the TIFF images and the following metadata fields:

11

BEGBATES, ENDBATES, BEGATTACH, ENDATTACH, CUSTODIAN, TO,

12

FROM, CC, BCC, AUTHOR, SUBJECT, DATECREATED, DATESENT, DATE

13

LAST MODIFIED, MD 5 HASH, TEXTPATH, and NATIVELINK. The metadata

14

fields listed above are subject to change upon approval of both parties.

15

c. File Name. Each document image file shall be named with the unique Bates Number

16

of the page of the document in question followed by the file extension “TIF.”

17

d. Document Unitization. If a document is more than one page, the unitization of the

18

document and any attachments and/or affixed notes shall be maintained as they existed

19

in the original document.

20
21
22

2. Searchable Text. In addition to TIFF images, each production will include text files
corresponding to the TIFF image files described above.
a. Hard Copy Documents. Hard copy documents shall be scanned using Optical

23

Character Recognition (“OCR”) technology and searchable ASCII text (or Unicode

24

text if the text is in a language requiring characters outside of the ASCII character set)

25

files shall be produced. Each file shall be named with the unique Bates Number of the

26

first page of the corresponding TIFF document followed by the extension “TXT.”

27

Records that do not contain extracted text will also undergo OCR as applicable.

28
-2-

JOINT STIPULATION AND [PROPOSED] ORDER
ON E-DISCOVERY
Case No.: CV-12-1778-EDL

Case3:12-cv-01778-EDL Document26 Filed08/14/12 Page3 of 5

1

b. Electronic Documents. The full text of each native electronic document shall be

2

extracted (“Extracted Text”) and produced in a text file. The Extracted Text shall be

3

provided in searchable ASCII text format (or Unicode text format if the text is in a

4

language requiring characters outside of the ASCII character set) and shall be named

5

with the unique Bates Number of the first page of the corresponding TIFF document

6

followed by the extension “TXT.” Searchable text files corresponding to the TIFF

7

image files for redacted Electronic Documents must include Extracted Text or OCR

8

text only to the extent that it will not disclose redacted information.

9

3. Production Media. Documents shall be produced on external hard drives or readily accessible

10

computer or electronic media (the “Production Media”), such as CDs or DVDs. Each piece of

11

Production Media shall identify: (1) the producing party’s name; (2) the production date; and

12

(3) the Bates Number range of the materials contained on the Production Media

13

4. Metadata. For all Electronic Documents, an ASCII text (or Unicode text if the text is in a

14

language requiring characters outside of the ASCII character set) Load File shall be produced

15

setting forth the Data Fields listed in Section 1.b. above. For redacted Electronic Documents,

16

metadata fields must be produced only to the extent such fields will not disclose redacted

17

information. The parties reserve the ability to request that additional Data Fields be provided

18

for certain specified Electronic Documents upon review of the other party’s production. A

19

party is not obligated to produce metadata from a document if metadata does not exist in the

20

document, or if the metadata is not machine-extractable.

21

5. Native Production. The parties will produce spreadsheet files and media files and in native

22

form. Additionally, any records where TIFF images cannot be created shall be produced in

23

native form. Such native file productions shall include Metadata as set forth in Section 1.b.

24

above and a single-page TIFF image (placeholder) indicating that the associated file was

25

produced in native form. Each produced native file shall be named with a unique Bates

26

Number (e.g., ABC00000001.xls).

27
28
-3-

JOINT STIPULATION AND [PROPOSED] ORDER
ON E-DISCOVERY
Case No.: CV-12-1778-EDL

Case3:12-cv-01778-EDL Document26 Filed08/14/12 Page4 of 5

1

6. Additional Native Production. The parties reserve the ability to request other file types be

2

produced in native form or in another reasonably usable form upon review of the other party’s

3

production. The parties reserve their respective rights to object to any such request.

4
5
6

7. Cost Shifting. The parties reserve and do not waive their rights to seek cost shifting, where
appropriate, with respect to discovery of electronically stored information.
Dated: August 14, 2012

SCHUBERT JONCKHEER & KOLBE LLP

7
By:

8
9

/s/ Noah M. Schubert
Noah M. Schubert

Noah M. Schubert (State Bar No. 184731)
[e-mail]
SCHUBERT JONCKHEER & KOLBE LLP
Three Embarcadero Center, Suite 1650
San Francisco, CA 94111-4018
Telephone:
[phone]
Facsimile:
[phone]

10
11
12
13

Attorney for Plaintiff
JAMES COLLINS

14
15
16

Dated: August 14, 2012

JONES DAY

17

By:

18

/s/ Robert A. Mittelstaedt
Robert A. Mittelstaedt

Robert A. Mittelstaedt (State Bar No. 60359)
[e-mail]
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

19
20
21
22

Attorney for Defendants
THE GILLETTE COMPANY and THE
PROCTER & GAMBLE COMPANY

23
24
25

PURSUANT TO STIPULATION, IT IS SO ORDERED.

26

DATE:

27
28

August 20

, 2012
______________________________________
MAGISTRATE JUDGE
ELIZABETH D. LAPORTE
-4-

JOINT STIPULATION AND [PROPOSED] ORDER
ON E-DISCOVERY
Case No.: CV-12-1778-EDL

Case3:12-cv-01778-EDL Document26 Filed08/14/12 Page5 of 5

1

SIGNATURE ATTESTATION

2

I hereby attest that the content of this document is acceptable to all persons whose

3

signatures are indicated by a “conformed” signature (/s/) within this efiled document.

4
5

Dated: August 14, 2012

6

SCHUBERT JONCKHEER & KOLBE LLP
By: /s/ Noah Schubert
Noah M. Schubert

7

Attorney for Plaintiff
JAMES COLLINS

8
9
SFI-740734v1

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-5-

JOINT STIPULATION AND [PROPOSED] ORDER
ON E-DISCOVERY
Case No.: CV-12-1778-EDL