Cheringal Associates, Inc. v. Electronics For Imaging, Inc.

Filing 31

STIPULATION AND ORDER re 30 STIPULATION WITH PROPOSED ORDER filed by Cheringal Associates, Inc.. Signed by Judge Edward M. Chen on 6/23/14. (bpf, COURT STAFF) (Filed on 6/23/2014)

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LAW OFFICES OF ROBERT F. KNOX
ROBERT F. KNOX (SBN 71524)
[e-mail]
REED E. HARVEY (SBN 161318)
[e-mail]
319 Miller Avenue, Suite 1
Mill Valley, CA 94941
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
CHERINGAL ASSOCIATES, INC.,
doing business as CONTROL
GROUP
IVO LABAR (203492)
[e-mail]
KELLY A. CORCORAN (260268)
[e-mail]
KERR & WAGSTAFFE LLP
100 Spear St., 18th Floor
San Francisco, CA 94105–1528
Tel: [phone]
Fax: [phone]
Attorneys for Defendant
ELECTRONICS FOR IMAGING, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

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CHERINGAL ASSOCIATES, INC., a
) Case No. 3:14-cv-00189-EMC
New Jersey Corporation doing business as )
Control Group,
)
) STIPULATED ORDER RE:
) DISCOVERY OF ELECTRONICALLY
Plaintiff,
) STORED INFORMATION
)
v.
) Courtroom 5
ELECTRONICS FOR IMAGING, INC., a ) Hon. Edward M. Chen
Delaware Corporation, doing business as )
) Action Filed: January 13, 2014
EFI,
) Trial Date: April 27, 2015
)
Defendant.

)
)
)
AND RELATED COUNTERCLAIM
)
_____________________________________ )

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1. PURPOSE
This Order will govern discovery of electronically stored information (“ESI”) in this
case as a supplement to the Federal Rules of Civil Procedure, this Court’s Guidelines for the
Discovery of Electronically Stored Information, this Court’s order filed May 16, 2014,
concerning the May 13, 2014, Case Management Conference and any other applicable orders

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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
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cooperate in good faith throughout the matter consistent with this Court’s Guidelines for the
Discovery of ESI.
3. LIAISON
The parties will identify within two weeks from the date of this Order, liaisons to each
other who are and will be knowledgeable about and responsible for discussing their respective
ESI. Each e-discovery liaison will be, or have access to those who are, knowledgeable about
the technical aspects of e-discovery, including the location, nature, accessibility, format,
collection, search methodologies, and production of ESI in this matter. The parties will rely on
the liaisons, as needed, to confer about ESI and to help resolve disputes without court
intervention.
4. PRESERVATION
Consistent with the Court’s oral orders at the Case Management Conference on May

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13, 2014, and its written order regarding the same, filed May 16, 2014, the parties agree that all

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ESI relating to the following topics shall be preserved by Plaintiff from Plaintiff’s custodians

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James Imburgia, Jeffrey Levine, William Cheringal, and Rob Paglieri: (1) all communications,

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and records thereof, with EFI regarding the subject printer; (2) all communications, and

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records thereof, with any person or entity from which Plaintiff considered purchasing a digital

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printer; (3) all communications, and records thereof, relating to the cost or reliability of print

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heads on digital printers prior to the purchase of the subject printer, and regarding the print
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heads on the subject printer before and after that purchase; (4) all communications, and records
thereof, with any other printing company or printer regarding Plaintiff subcontracting digital
printing work to that printing company or printer; (5) all records of potential and actual
subcontracting of digital printing jobs to another printing company or printer for work since
November 1, 2012, and the costs thereof; (6) all communications, and records thereof, with
actual or potential customers relating to digital printing or “flexo” printing on the subject

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printer; (7) all communications, and records thereof, with actual or potential customers
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concerning print head failure with respect to the subject printer; (8) all communications, and
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records thereof, with a customer relating to terminating an actual or potential relationship with
Plaintiff for digital printing services since November 1, 2012; (9) all records of all additional
costs purportedly incurred for jobs sold as digital but performed by third-parties or as nondigital jobs since November 1, 2012; (10) all records of equipment loan existence and
payments with respect to the subject printer; (11) all financial records relating to the loss of
future income caused by the subject printer.
The parties also agree that all ESI relating to the following topics shall be preserved by
EFI from EFI custodians Stephen Emery, Jason Oliver, John Hickey, Tony Ricketts, Bart
Kulesz, Matthew Gardner, John Hennessy, Gerald Jimmerson, Chris Cole, Steve Billow, Boris

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Liberman, Jon Martin, Angel Ramirez, Les Schalm, Nick Schimelfening, and Kevin Sheppard:

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(1) all communications and records thereof between Plaintiff and EFI regarding the subject

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printer; (2) all communications and records thereof with component manufacturers and

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consultants regarding the subject printer; (3) all internal communications at EFI regarding print

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heads or Flexo Stations for the subject printer; (4) all service and repair records and

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technicians’ notes regarding the subject printer; (5) all information, communications and

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records thereof concerning the design and manufacture of Flexo Stations for the Jetrion 4900

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printers; (6) all information, communications and records thereof concerning changes in EFI’s

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timetable for designing, manufacturing and installing Flexo Stations on the subject printer; (7)

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all internal and external communications, and records thereof, regarding the marketing of
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Jetrion printers to Plaintiff; (6) all internal and external communications, and records thereof,
regarding the sale of the subject printer to Plaintiff; (7) all communications and records
thereof by or between EFI and its (a) customers, (b) component manufacturers, (c) consultants
and (d) internally at EFI relating to print head failures on Jetrion printers, including efforts to
determine the cause of any such print head failures, ; (8) service and repair records relating to

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print head failures on Jetrion printers , including shipping records for print head replacements
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on Jetrion printers; and (9) technicians’ notes relating to print head failures on Jetrion printers.

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This preservation stipulation and order apply only to ESI created or received between
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January 1, 2009, and the present.
5.

SEARCH

The parties agree that in responding to an initial Fed. R. Civ. P. 34 request, or earlier if
appropriate, they will meet and confer about methods to search ESI in order to identify ESI that
is subject to production in discovery and to filter out ESI that is not subject to discovery.
6.

PRODUCTION FORMATS

The parties agree to produce documents in PDF format with OCR capability. If
particular documents warrant a different format, the parties will cooperate to arrange for the
mutually acceptable production of such documents. The parties agree not to degrade the
searchability of documents as part of the document production process.
7. PHASING
When a party propounds discovery requests pursuant to Fed. R. Civ. P. 34, the parties

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agree to phase the production of ESI and the initial production will be from the following sources

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and custodians: For Plaintiff: James Imburgia, Jeffrey Levine, William Cheringal, and Rob

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Paglieri; For Defendant: Stephen Emery, Jason Oliver, John Hickey, Tony Ricketts, Matthew

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Gardner, John Hennessy, Gerald Jimmerson, Chris Cole, Steve Billow, Bart Kulesz, Boris

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Liberman, Jon Martin, Angel Ramirez, Les Schalm, Nick Schimelfening, and Kevin Sheppard.

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Following the initial production, the parties will continue to prioritize the order of subsequent

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productions.
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8. DOCUMENTS PROTECTED FROM DISCOVERY

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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.

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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.

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8. MODIFICATION

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This Stipulated Order may be modified by a Stipulated Order of the parties or by the
Court.
IT IS SO STIPULATED, through Counsel of Record.

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Dated: June 18, 2014

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LAW OFFICES OF ROBERT F. KNOX
By:___/s/ Robert F. Knox____
ROBERT F. KNOX
Attorneys for Plaintiff
CHERINGAL ASSOCIATES, INC.,
Doing business as CONTROL GROUP

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DATED: June 20, 2014

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KERR & WAGSTAFFE LLP
By:___/s/ Ivo Labar______
IVO LABAR

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Attorneys for Defendant
ELECTRONICS FOR IMAGING, INC.

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ERED

dward
Judge E

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M. Che

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R NIA

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HONORABLE EDWARD M.D
S SO O CHEN
IT IDISTRICT JUDGE
UNITED STATES

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Dated: June ___, 2014

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IT IS ORDERED that the foregoing Stipulation is approved. ISTRI
SD

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UNIT
ED

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