Duckhorn Wine Company v. Hill Wine Company LLC et al

Filing 22

STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION FOR STANDARD LITIGATION. Signed by Magistrate Judge Laurel Beeler on 6/6/2013. (ls, COURT STAFF) (Filed on 6/6/2013)

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Henry C. Bunsow (SBN 60707)
[e-mail]
Brian A.E. Smith (State Bar No. 188147)
[e-mail]
Robin Curtis (SBN 271702)
[e-mail]
BUNSOW, DE MORY, SMITH & ALLISON LLP
55 Francisco Street, Suite 600
San Francisco, CA 94133
Tel: [phone]
Fax: [phone]
Jeffrey D. Chen (SBN 267837)
[e-mail]
BUNSOW, DE MORY, SMITH & ALLISON LLP
600 Allerton Street, Suite 101
Redwood City, CA 94063
Tel: [phone]
Fax: [phone]

Keith R. Gillette (Bar No. 191082)
[e-mail]
Chad D. Greeson (Bar No. 251928)
[e-mail]
ARCHER NORRIS
2033 North Main Street, Suite 800
Walnut Creek, CA 94596-3759
Telephone:
925.930.6600
Facsimile:
925.930.6620
Attorneys for Defendants
HILL WINE COMPANY, LLC; JEFF HILL;
and REBECCA HILL

Attorneys for Plaintiff
DUCKHORN WINE COMPANY

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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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DUCKHORN WINE COMPANY,
Plaintiff,

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v.

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Case No. C 13-00995 LB
STIPULATED ORDER RE: DISCOVERY
OF ELECTRONICALLY STORED
INFORMATION FOR STANDARD
LITIGATION

HILL WINE COMPANY, LLC; et al.,
Defendants.

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1. PURPOSE

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This Order will govern discovery of electronically stored information (“ESI”) in this case as a

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supplement to the Federal Rules of Civil Procedure, this Court’s Guidelines for the Discovery of

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Electronically Stored Information, and any other applicable orders and rules.

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2. COOPERATION

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The parties are aware of the importance the Court places on cooperation and commit to
STIPULATED ORDER RE: DISCOVERY OF ESI
H0258006/1593014-1

CASE NO. C 13-00995 LB

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cooperate in good faith throughout the matter consistent with this Court’s Guidelines for the

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Discovery of ESI.

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3. LIAISON

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The parties have identified liaisons to each other who are and will be knowledgeable about

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and responsible for discussing their respective ESI. Each e-discovery liaison will be, or have

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access to those who are, knowledgeable about the technical aspects of e-discovery, including the

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location, nature, accessibility, format, collection, search methodologies, and production of ESI in

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this matter. The parties will rely on the liaisons, as needed, to confer about ESI and to help

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resolve disputes without court intervention.

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4. PRESERVATION
The parties have discussed their preservation obligations and needs and agree that

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preservation of potentially relevant ESI will be reasonable and proportionate. To reduce the

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costs and burdens of preservation and to ensure proper ESI is preserved, the parties agree that:

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a) The parties will exchange a list of the types of ESI they believe should be preserved
and the custodians, or general job titles or descriptions of custodians, for whom they
believe ESI should be preserved, e.g., “HR head,” “scientist,” and “marketing
manager.” The parties shall add or remove custodians as reasonably necessary;
b) The parties will agree on the number of custodians per party for whom ESI will be
preserved;
c) The parties will exchange a list of data sources that may contain potentially relevant
information but that are not reasonably accessible because of undue burden or cost
pursuant to Fed. R. Civ. P. 26(b)(2)(B) to the extent such data sources exist. These
data sources include back-up media systems or systems no longer in use that cannot
be accessed. ESI from these sources will be preserved but not searched, reviewed,
or produced;
d) In addition to the agreements above, the parties may agree that data from certain
sources (a) could contain relevant information but (b) under the proportionality
factors, should not be preserved..

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5. SEARCH

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The parties agree that in responding to an initial Fed. R. Civ. P. 34 request, or earlier if

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appropriate, they will meet and confer about methods to search ESI in order to identify ESI that is

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subject to production in discovery and filter out ESI that is not subject to discovery.

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STIPULATED ORDER RE: DISCOVERY OF ESI
H0258006/1593014-1

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CASE NO. C 13-00995 LB

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6. PRODUCTION FORMATS

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The parties agree to produce documents in PDF and/or TIFF file format, organized at the

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document level and produced with a delimited data file that contains the following meta-data

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fields, to the extent they exist: Custodian, File Path, Email Subject, Title, From, To, CC, BCC,

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Date Sent, Time Sent, Date Received, Time Received, Filename, Author, Date Created, Date

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Modified, MD5 Hash, File Size, File Extension, Production Number Begin, Production Number

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End, Attachment Range, Attachment Begin, and Attachment End (or the equivalent thereof).

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The parties expressly reserve the right to request the production of the native file. If

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particular documents warrant a different format, the parties will cooperate to arrange for the

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mutually acceptable production of such documents. The parties agree not to degrade the

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searchability of documents as part of the document production process. No party has an

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obligation to make its production text-searchable; however, if a party’s documents already exist

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in text-searchable format independent of this litigation, or are converted to text-searchable

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format for use in this litigation, including for use by the producing party’s counsel, then such
documents shall be produced in the same text-searchable format at no cost to the receiving
party.
7. DOCUMENTS PROTECTED FROM DISCOVERY
a) Pursuant to Fed. R. Evid. 502(d), the production of a privileged or work-productprotected document, whether inadvertent or otherwise, is not a waiver of privilege or
protection from discovery in this case or in any other federal or state proceeding. For
example, the mere production of privileged or work-product-protected documents in
this case as part of a mass production is not itself a waiver in this case or in any
other federal or state proceeding.
b) Communications involving trial counsel that post-date the filing of the complaint
need not be placed on a privilege log. Communications may be identified on a
privilege log by category, rather than individually, if appropriate.
8. MODIFICATION
This Stipulated Order may be modified by a Stipulated Order of the parties or by the
Court for good cause shown.

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STIPULATED ORDER RE: DISCOVERY OF ESI
H0258006/1593014-1

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CASE NO. C 13-00995 LB

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IT IS SO STIPULATED, through Counsel of Record.
Dated: May 30, 2013

/s/ Brian A.E. Smith
Henry C. Bunsow, Esq.
Brian A.E. Smith, Esq.
Robin K. Curtis, Esq.
Jeffrey D. Chen, Esq.
Bunsow, De Mory, Smith & Allison LLC
Attorneys for Plaintiff DUCKHORN WINE COMPANY

Dated: May 30, 2013

/s/ Keith R. Gillette
Keith R. Gillette
Chad D. Greeson
Attorneys for Defendants HILL WINE COMPANY, LLC,
JEFF HILL, and REBECCA HILL

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ATTESTATION PURSUANT TO GENERAL ORDER 45

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Pursuant to General Order No. 45, I hereby attest that I have obtained concurrence of the

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above noted signatories as indicated by a “conformed” signature (/s/) within this e-filed

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document.

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IT IS ORDERED that the forgoing Agreement is approved.

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Dated:

June 6, 2013

UNITED STATES DISTRICT/MAGISTRATE JUDGE

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STIPULATED ORDER RE: DISCOVERY OF ESI
H0258006/1593014-1

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CASE NO. C 13-00995 LB