Georgia-Pacific LLC v. OfficeMax Incorporated et al

Filing 74

STIPULATION AND ORDER REGARDING ELECTRONIC PRODUCTION OF HARD COPY DOCUMENTS AND ELECTRONICALLY STORED INFORMATION. Signed by Judge Richard Seeborg on 1/7/13. (cl, COURT STAFF) (Filed on 1/7/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

Hunton & Williams LLP

550 South Hope Street, Suite 2000
Los Angeles, California 90071-2627

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OAKLAND DIVISION

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GEORGIA-PACIFIC LLC,
Plaintiff,
v.
OFFICEMAX INCORPORATED and
BOISE CASCADE, L.L.C.,
Defendants.
_________________________________
AND RELATED COUNTERCLAIMS
OFFICEMAX INCORPORATED and
BOISE CASCADE, L.L.C.,

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Third Party Plaintiffs,
v.
LOUISIANA-PACIFIC
CORPORATION, THE CITY OF FORT
BRAGG, and DOES 1-10 inclusive,

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[PROPOSED] JOINT PLAN
REGARDING ELECTRONIC
PRODUCTION OF HARD COPY
DOCUMENTS AND
ELECTRONICALLY STORED
INFORMATION
Judge: Hon. Richard Seeborg
Complaint Filed:
Amd. Complaint Filed:
3P Complaint Filed:
1st Amd. 3P Cplt. Filed:

May 31, 2012
June 4, 2012
Aug. 30, 2012
Oct. 31, 2012

Third-Party Defendants.
_________________________________

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CASE NO.: 12-02797 RS

AND RELATED COUNTERCLAIMS

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[PROPOSED] JOINT PLAN RE ELECTRONIC PRODUCTION OF HARD COPY
DOCUMENTS AND ELECTRONICALLY STORED INFORMATION
CASE NO. 12-02797 RS

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Pursuant to Rule 26(f), the parties enter into this Joint Plan regarding Production of

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Hard Copy Documents and Electronically Stored Information (“ESI”). The Parties

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agree that this joint plan for ESI production may be appended to the Rule 26(f)

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Report.

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A.

Electronic Production of Hard Copy Documents.

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1.

The Parties agree that documents existing in hard copy form should be

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produced in single-page Group IV, 300-dpi TIFF format and accompanied by an

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Opticon and IPRO load file (or other generally acceptable load file format). Each

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TIFF file will be given a unique file name that matches the Bates number label on the

Hunton & Williams LLP

550 South Hope Street, Suite 2000
Los Angeles, California 90071-2627

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corresponding page. The accompanying load file shall contain (a) ProdBeg, (b)

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ProdEnd, (c) BegAttach, (d) EndAttach, and (e) custodian name. The full extracted or

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OCR text should be included and produced at a document level and located in the

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same folder as their respective document image or OCR/TEXT folder.

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2.

In scanning hard copy documents, distinct documents shall not be

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merged into a single record, and single documents shall not be split into multiple

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records (i.e., paper documents should be logically unitized). The Parties will

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undertake best efforts to unitize documents correctly.

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3.

Text of hard copy documents shall be extracted using industry-standard

OCR technology. Text files shall not contain the redacted portions of the documents.
4.

Documents containing color shall, to the extent reasonably possible be

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produced in color. However, the producing party has the option to request that parties

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seeking copies of documents containing color pay the additional cost of such

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production.

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5.

The Parties agree that this Joint Agreement governs only the format of

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electronic production of documents, and does not preclude a request for the

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production of documents by inspection of hard copy documents as they are kept in the

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usual course of business.

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[PROPOSED] JOINT PLAN RE ELECTRONIC PRODUCTION OF HARD COPY
DOCUMENTS AND ELECTRONICALLY STORED INFORMATION
CASE NO. 12-02797 RS

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B.

Production of ESI

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6.

The Parties agree that, except as provided herein, ESI shall be produced

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in single-page Group IV TIFF, 300-dpi format and accompanied by an Opticon and

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IPRO load file (or other generally acceptable load file format) that contains document

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boundaries. Each TIFF file shall be given a unique file name that matches the Bates

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number label on the corresponding page.

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7.

The Parties agree that certain fields of metadata shall be preserved,

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collected, and produced. The extracted text from electronic documents shall be

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provided in a metadata text field. Metadata information should be produced in the

Hunton & Williams LLP

550 South Hope Street, Suite 2000
Los Angeles, California 90071-2627

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Concordance DAT file format. The DAT file shall provide, where reasonably

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available and transferable, the following metadata fields for both email and non-email

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electronic files: source (“Source” fields shall be populated in a way that identifies the

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original location or custodian of the data, or with information reasonably sufficient to

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allow for authentication of the record. It is distinguished from “filepath” fields which

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specify unique locations in file systems), document type (indicating whether the

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document is an email, an email attachment or a file) hash value (see description

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below), date created, date modified, date accessed filepath and filename, page count,

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file size, file extension, beginning and ending bates numbers, attachment range, and

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native path link. To the extent reasonably available and transferable, e-mail will have

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the additional metadata: date sent, date received, to, from, cc, bcc, and subject. Other

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“embedded metadata” need not be produced, but the Parties reserve all rights in the

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future to seek, with respect to specific documents, any metadata not produced by the

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other Party.

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8.

Common system and program files (including those defined by the NIST

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library (http://www.nsrl.nist.gov/), those commonly used by e-discovery vendors to

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exclude system, non-content bearing files (e.g., logos, web page icons and lines) and

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[PROPOSED] JOINT PLAN RE ELECTRONIC PRODUCTION OF HARD COPY
DOCUMENTS AND ELECTRONICALLY STORED INFORMATION
CASE NO. 12-02797 RS

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program files) need not be processed, reviewed or produced. Additional files may be

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added to the list of excluded files by agreement of the Parties.

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9.

Each of the metadata and coding fields set forth in Paragraph 7, to the

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extent that they are available for extraction, shall be extracted and produced for that

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document. The Parties are not obligated to populate manually any of the fields in

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Paragraph 7 if such fields cannot be reasonably extracted from a document, with the

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exception of the beginning and ending Bates numbers, the attachment range, and the

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custodian, which should be populated by the Party or the Party’s vendor.

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10.

Spreadsheets shall be produced as a native document file along with the

Hunton & Williams LLP

550 South Hope Street, Suite 2000
Los Angeles, California 90071-2627

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extracted text, relevant metadata identified in Paragraph 7, and a link to the native file

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in the load file. A TIFF file will also be provided accompanying the file that has been

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produced in native format. The TIFF version of the spreadsheet will also have a

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confidentiality endorsement, if applicable, and a Bates number endorsement. The

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TIFF file image of the spreadsheet will include all worksheets, fields and rows

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unhidden, fully expanded and printed over and then down if the width is wider than

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one sheet. However, if a document includes redacted information, it need not be

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produced in native format, but shall be produced along with extracted text and

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applicable metadata fields except to the extent the extracted text or metadata fields are

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themselves redacted.

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11.

PowerPoint documents shall be processed with hidden slides and all

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speaker notes unhidden, and shall be processed to show both the slide and the

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speaker’s notes on the TIFF image.

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12.

As noted above, documents containing color shall, to the extent

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reasonably possible, be produced in color (at the expense of the parties receiving color

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copies). In the event a document cannot be reproduced in color, the producing Party

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shall advise the requesting Party of this fact.

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[PROPOSED] JOINT PLAN RE ELECTRONIC PRODUCTION OF HARD COPY
DOCUMENTS AND ELECTRONICALLY STORED INFORMATION
CASE NO. 12-02797 RS

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13.

Removal of duplicate documents shall only be done on exact duplicate

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documents (based on MD5 or SHA-1 hash values at the document level or by message

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ID and other standard vendor methodology for e-mail) across custodians. However,

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family relationships will be maintained and only exact email family groups will be de-

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duplicated. No email attachment will be de-duplicated against a loose file.

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Responsive hard copy documents shall not be eliminated as duplicates of responsive

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ESI. If, following consultation between the Parties, global de-duplication across the

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entire collection is agreed to, a field will be provided that lists each custodian,

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separated by a semicolon, who was a source of that document.

Hunton & Williams LLP

550 South Hope Street, Suite 2000
Los Angeles, California 90071-2627

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14.

If any file requires proprietary software to open, then the Parties shall

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meet and confer regarding the most reasonable and cost effective manner to allow all

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Parties to have full access to the file.

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C.

Miscellaneous

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15.

The Parties agree to work together by exchanging sample production to

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ensure that all Parties receive productions in a format that works for them. The Parties

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acknowledge that as discovery proceeds, issues regarding specific items or particular

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file formats may arise that are not addressed in or are not contemplated by this

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agreement. The Parties agree to revisit and amend this agreement as necessary to

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ensure that all Parties receive full disclosure of all pertinent information, and to

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accommodate the practical realities governing their respective electronic document

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capabilities. Any Party may petition the Court for a variance from these terms in the

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event of unforeseen or unusual circumstances that could result in excessive costs or

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burden.

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16.

This stipulation shall not pertain to documents that are required to be, or

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are, produced as part of expert disclosures or discovery. The Parties shall meet and

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confer at least thirty days prior to the beginning of expert discovery in order to discuss

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[PROPOSED] JOINT PLAN RE ELECTRONIC PRODUCTION OF HARD COPY
DOCUMENTS AND ELECTRONICALLY STORED INFORMATION
CASE NO. 12-02797 RS

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whether a stipulation regarding the manner for production of relevant documents can

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be agreed to.

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17.

Georgia-Pacific, OfficeMax and Boise Cascade have previously made

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demands on the City of Fort Bragg for production of documents pursuant to the

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California Public Records Act (“Act”). The Parties agree that any documents or other

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materials produced pursuant to the request under the Act, or any future request by a

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Party, shall also be deemed produced in this litigation.

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DATED: January 3, 2013

Hunton & Williams LLP

550 South Hope Street, Suite 2000
Los Angeles, California 90071-2627

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By /s/ Belynda Reck
Belynda Reck
Attorneys for Plaintiff
GEORGIA-PACIFIC, LLC

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DATED: January 3, 2013

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PILLSBURY WINTHROP SHAW PITTMAN
By /s/ Mark Elliott
Mark Elliott
Attorneys for Defendants and
Counterclaimants
OFFICEMAX INCORPORATED
and BOISE CASCADE, L.L.C.

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HUNTON & WILLIAMS LLP

DATED: January 3, 2013

BASSI EDLIN HUIE & BLUM LLP
By /s/ Noel Edlin
Noel Edlin
Attorneys for Third-Party Defendant
THE CITY OF FORT BRAGG

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[PROPOSED] JOINT PLAN RE ELECTRONIC PRODUCTION OF HARD COPY
DOCUMENTS AND ELECTRONICALLY STORED INFORMATION
CASE NO. 12-02797 RS

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DATED: January 3, 2013

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WOMBLE CARLYLE SANDRIDGE
& RICE, LLP
By: /s/ Tara Sky Woodward
Tara Sky Woodward
Attorneys for Third-Party Defendant
LOUISIANA-PACIFIC CORPORATION

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Hunton & Williams LLP

550 South Hope Street, Suite 2000
Los Angeles, California 90071-2627

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DATED: January __, 2013

_________________________
Honorable Richard G. Seeborg
United States District Court Judge

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[PROPOSED] JOINT PLAN RE ELECTRONIC PRODUCTION OF HARD COPY
DOCUMENTS AND ELECTRONICALLY STORED INFORMATION
CASE NO. 12-02797 RS