JDS Uniphase Corporation v. CoAdna Photonics, Inc.

Filing 46

STIPULATION AND ORDER re 45 STIPULATION WITH PROPOSED ORDER Regarding Discovery of Electronically Stored Information and Discovery Protocol filed by JDS Uniphase Corporation. Signed by Judge Jon S. Tigar on September 15, 2014. (wsn, COURT STAFF) (Filed on 9/15/2014)

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David J.F. Gross (CSB 290951)
Calvin L. Litsey (CSB 289659)
FAEGRE BAKER DANIELS LLP
1950 University Avenue, Suite 450
East Palo Alto, CA 94303
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]

HEIDI L. KEEFE (178960)
REUBEN H. CHEN (228725)
[e-mail]
[e-mail]
COOLEY LLP
3175 Hanover Street
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: [phone]

Kenneth A. Liebman (CSB 090438)
FAEGRE BAKER DANIELS LLP
2200 Wells Fargo Center
90 South 7th Street
Minneapolis, MN 55402
Telephone: [phone]
Fax: [phone]
Email: [e-mail]

Attorneys for Defendant
CoAdna Photonics, Inc.

Attorneys for Plaintiff
JDS Uniphase Corporation

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JDS UNIPHASE CORP.,

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Plaintiff,
vs.
COADNA PHOTONICS, INC.,

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Defendant.
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Case No. 3:14-cv-01091-JST

STIPULATION AND [PROPOSED]
ORDER REGARDING DISCOVERY
OF ELECTRONICALLY STORED
INFORMATION AND DISCOVERY
PROTOCOL

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Plaintiff JDSU Uniphase Corporation (“JDSU”) and Defendant CoAdna Photonics, Inc.

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(“CoAdna”) submit this agreed protocol for discovery in the above-captioned matter. Upon the

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stipulation of the parties, the Court ORDERS as follows:

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1.

This Order supplements all other discovery rules and orders. It streamlines

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Electronically Stored Information (“ESI”) production to promote a “just, speedy, and

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inexpensive determination of this action, as required by Federal Rule of Civil Procedure 1.”

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2.

This Order may be modified in the Court’s discretion or by stipulation.

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3.

As in all cases, costs may be shifted for disproportionate ESI production requests

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pursuant to Federal Rule of Civil Procedure 26. Likewise, a party’s nonresponsive or dilatory
discovery tactics are cost-shifting considerations.
4.

A party’s meaningful compliance with this Order and efforts to promote

efficiency and reduce costs will be considered in cost-shifting determinations.
5.

The parties are expected to comply with the District’s E-Discovery Guidelines

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(“Guidelines”) and are encouraged to employ the District’s Model Stipulated Order Re: the

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Discovery of Electronically Stored Information and Checklist for Rule 26(f) Meet and Confer

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regarding Electronically Stored Information.

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6.

General ESI production requests under Federal Rules of Civil Procedure 34 and

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45 shall not include email or other forms of electronic correspondence (collectively “email”). To

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obtain email parties must propound specific email production requests.

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7.

Email production requests shall only be propounded for specific issues, rather

than general discovery of a product or business.
8.

Email production requests shall be phased to occur after the parties have

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exchanged initial disclosures and basic documentation about the patents, the prior art, the

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accused instrumentalities, and the relevant finances. While this provision does not require the

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production of such information, the Court encourages prompt and early production of this

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information to promote efficient and economical streamlining of the case.

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STIPULATION REGARDING ESI AND
DISCOVERY PROTOCOL

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Case No. 3:14-cv-01091-JST

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9.

Email production requests shall identify the custodian, search terms, and time

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frame. The parties shall cooperate to identify the proper custodians, proper search terms and

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proper timeframe as set forth in the Guidelines.

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10.

Each requesting party shall limit its email production requests to a total of five

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custodians per producing party for all such requests. The parties may jointly agree to modify this

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limit without the Court’s leave. The Court shall consider contested requests for additional

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custodians, upon showing a distinct need based on the size, complexity, and issues of this

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specific case. Cost-shifting may be considered as part of any such request.

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11.

Each requesting party shall limit its email production requests to a total of five

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search terms per custodian per party. The parties may jointly agree to modify this limit without

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the Court’s leave. The Court shall consider contested requests for additional search terms per

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custodian, upon showing a distinct need based on the size, complexity, and issues of this specific

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case. The Court encourages the parties to confer on a process to test the efficacy of the search

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terms. The search terms shall be narrowly tailored to particular issues. Indiscriminate terms,

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such as the producing company’s name or its product name, are inappropriate unless combined

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with narrowing search criteria that sufficiently reduce the risk of overproduction. A conjunctive

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combination of multiple words or phrases (e.g., “computer” and “system”) narrows the search

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and shall count as a single search term. A disjunctive combination of multiple words or phrases

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(e.g., “computer” or “system”) broadens the search, and thus each word or phrase shall count as a

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separate search term unless they are variants of the same word. Use of narrowing search criteria

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(e.g., “and,” “but not,” “w/x”) is encouraged to limit the production and shall be considered

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when determining whether to shift costs for disproportionate discovery. Should a party serve

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email production requests with search terms beyond the limits agreed to by the parties or granted

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by the Court pursuant to this paragraph, this shall be considered in determining whether any

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party shall bear all reasonable costs caused by such additional discovery.

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12.

Nothing in this Order prevents the parties from agreeing to use technology

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assisted review and other techniques insofar as their use improves the efficacy of discovery.

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Such topics should be discussed pursuant to the District’s E-Discovery Guidelines.
STIPULATION REGARDING ESI AND
DISCOVERY PROTOCOL

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Case No. 3:14-cv-01091-JST

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A.

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DEFINITIONS
1.

“Litigation” means the case captioned JDS Uniphase Corporation v. CoAdna
Photonics, Inc., Case No. 3:14-cv-01091-JST (N.D. Cal.).

2.

“Electronically Stored Information” or “ESI” carries its broadest possible
meaning consistent with Rule 34(a) of the Federal Rules of Civil Procedure (Fed.
R. Civ. P.) and Rule 1001 of the Federal Rules of Evidence (Fed. R. Evid.).

3.

“Paper Discovery” means any document or thing discoverable under Fed. R. Civ.
P. 26(b)(1) or Fed. R. Civ. P. 34 that cannot be characterized as ESI.

4.

“Document” carries its broadest meaning consistent with Fed. R. Civ. P. 34 and
includes both ESI and Paper Discovery.

5.

“E-mail” refers to an electronic means for communicating written information
through non-telephone systems that will send, store, process and receive
information.

6.

“Format” means the internal structure of a file, which defines the way it is stored
and used.

7.

“Native Format” means the format of ESI in the application in which such ESI
was originally created.

8.

“Party” or “Parties” means Plaintiff JDS Uniphase Corporation (“JDSU”) and
Defendant CoAdna Photonics, Inc. (“CoAdna”).

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9.

“Producing Party” refers to a Party that produces documents.

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10.

“Receiving Party” refers to a Party to whom documents are produced.

11.

“Responsive Document” means any document that is responsive to any discovery
request served on the Producing Party in the Litigation that the Producing Party
has agreed to produce or that the Producing Party has been ordered to produce by
the Court.

12.

“Tagged Image File Format” or “TIFF” refers to the CCITT Group IV graphic file
format for storing bit-mapped images, with multiple compression formats and
resolutions.

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B.

SCOPE
1.

The procedures and protocols set forth in this Stipulated Order shall govern the

production of Responsive Documents between the Parties in the Litigation. Any practice or
procedure set forth herein may be varied by written agreement of the Parties or further Order of
the Court.
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2.

Nothing in this Stipulated Order establishes any agreement as to either the

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temporal or subject matter scope of discovery in the Litigation. Nothing in this Stipulated Order

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creates an obligation by any party to produce ESI on back-up tapes or other long-term storage

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media that were created strictly for use as a data back-up medium.

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3.

The Parties shall not be obligated under this Stipulated Order to produce any ESI

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or hard copy documents that are no longer within their possession, custody or control (e.g., lost

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or deleted) as a result of pre-litigation policies regarding the retention and destruction of hard

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copy documents or the routine, good-faith operation of an electronic information system, unless

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the Party requesting such ESI or hard copy document establishes that there is good cause to

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believe that the Party from whom such ESI or hard copy document is being requested

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intentionally failed to preserve, deleted, or destroyed the ESI or hard copy document while under

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an obligation to retain it.

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4.

Each Party represents that it has taken reasonable steps to preserve hard copy

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documents and reasonably accessible ESI relevant to the case. These steps include, but are not

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limited to, circulation of a litigation hold notice to those employees or other individuals for

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whom a Party has the right to access electronic documents.

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5.

Notwithstanding anything to the contrary herein, the following document types

are not discoverable in the Litigation except upon a showing of good cause:

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a) Deleted, slack, fragmented, or other data only accessible by forensics.

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b) Random access memory (RAM), temporary files, or other ephemeral data that are

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difficult to preserve without disabling the operating system.
c) On-line access data such as temporary internet files, history, cache, cookies, and
the like.
d) Data in metadata fields that are frequently updated automatically, such as last
opened dates.
e) Back-up data that are substantially duplicative of data that are more accessible
elsewhere.
f) Voice messages.
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g) Instant messages that are not ordinarily printed or maintained in a server

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dedicated to instant messaging.

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h) Electronic mail or pin-to-pin messages sent to or from mobile devices (e.g.,

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iPhone and Blackberry devices), provided that a copy of such mail is routinely

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saved elsewhere.

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i) Other electronic data stored on a mobile device, such as calendar or contact data

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or notes, provided that a copy of such information is routinely saved elsewhere.

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j) Logs of calls made from mobile devices.

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k) Server, system or network logs.
l) Electronic data temporarily stored by laboratory equipment or attached electronic

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equipment, provided that such data is not ordinarily preserved as part of a

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laboratory report.
m) Data remaining from systems no longer in use that is unintelligible on the systems

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in use.

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n) Nothing in this provision or Order precludes the Parties from subsequently

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agreeing to otherwise or further limit the scope of discovery of ESI.

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6.

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Absent a showing of good cause by the requesting Party, the Parties shall not be

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required to modify, on a going-forward basis, the procedures used by them in the ordinary course

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of business to back up and archive data; provided, however, that the Parties shall preserve the

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non-duplicative discoverable information currently in their possession, custody or control.
7.

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The Parties shall meet and confer to resolve any disputes that arise under this

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Stipulated Order. In the event the Parties cannot reach agreement on a disputed matter, either

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Party may submit the matter to the Court.

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C.

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PRODUCTION FORMAT
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ESI Production Format: Except as provided in Section C.8 herein, ESI shall be

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produced electronically, as single page, uniquely and sequentially numbered Group IV TIFF files

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not less than 300 dpi resolution, with a corresponding load file (“Image Load File”). The images

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shall be accompanied by searchable text files (“.txt”) containing the extracted text on a document
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basis, if available. ESI documents that are redacted for privilege will also be accompanied by

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searchable text files obtained by Optical Character Recognition (“OCR”) of the redacted images.

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The extracted text shall be provided in searchable ASCII text format (or Unicode text format if

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the text is in a foreign language). The text files shall be named to match the endorsed Document

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Number assigned to the image of the first page of the document. The TIFF images shall also be

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accompanied by an image cross-reference load file (such as Opticon or “LFP”) providing paths

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to all document images and the number of pages the document comprises. The Producing Party

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shall also provide a data load file (“Data Load File” or “DAT”) corresponding to the TIFF files,

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that shall contain references to the associated text files and the metadata, as reasonably available,

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associated with each Production Field specified in Schedule A. There is no obligation on the

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Producing Party to create metadata where none exists or is not reasonably available.

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2.

Document Numbering for TIFF Images: Each page of a document produced in

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TIFF file format shall have a legible, unique numeric identifier Bates number (“Document

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Number”) not fewer than seven (7) digits electronically “burned” onto the image at a place on

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the document that does not obscure, conceal or interfere with any information originally

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appearing on the document. The Document Number for each document shall be created so as to

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identify the Producing Party and the Document Number. Plaintiff and Defendant shall have a

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unique identifying name.

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3.

Production of Paper Discovery: Unless impracticable, Paper Discovery will be

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produced in electronic form that is text searchable via OCR technology, and searchable ASCII

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(“.txt”) files shall also be produced (or Unicode text format if the text is in a foreign language).

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Each file shall be named with the unique Document Number of the corresponding TIFF

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document followed by the extension “.txt”.

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4.

Metadata for Paper Discovery:

Information about how paper

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documents were kept in the course of business must be preserved (such as folder names or

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locations). The Producing Party shall also provide a data load file (“Data Load File” or “DAT”)

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corresponding to the text searchable files that shall contain the Production Fields specified for

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Paper Discovery in Schedule A. A Party need not produce a non-electronic duplicate of any
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Paper Discovery produced in electronic form, except that upon a reasonable request by the

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Receiving Party and a showing of good cause (e.g., problems with legibility or formatting), the

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Producing Party must produce the Paper Discovery in its original format at a mutually agreeable

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time and place.

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Appearance and Content: Subject to any necessary redaction, each document’s

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TIFF image file shall contain the same information and same physical representation as the

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document did in its original format, whether paper or electronic, consistent with the processing

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specifications set forth in Section D. The Producing Party has no obligation to investigate

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whether documents it is producing present imaging or formatting problems prior to the

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production of the documents.
6.

Document Unitization:

If a document is more than one page, to the extent

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possible, the unitization of the document and any attachments or affixed notes shall be

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maintained as it existed when collected by the Producing Party. If unitization cannot be

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maintained, the original unitization shall be documented in a load file or otherwise electronically

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tracked.

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7.

Color: Documents containing color need not be produced in color unless the

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production of those documents is in native format or the Receiving Party makes a reasonable

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request in writing for color versions.

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8.

Production of ESI in Native Format: In the event that production of a document in

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TIFF image file format would be impracticable, the Producing Party shall have the option of

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producing such documents in Native Format. Files that are not easily converted to image format,

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such as some but not all Excel and Access files, should be produced in native format. Otherwise,

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after initial production of ESI in TIFF image file format, a party must demonstrate a

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particularized need for production of that ESI in its Native Format. In the event that a Receiving

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Party requests production of Native Format ESI, the Producing Party and the Receiving Party

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shall negotiate in good faith about the timing, cost and method of such production. No document

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produced in Native Format shall be intentionally manipulated to change the appearance or

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substance of the document prior to its collection. For avoidance of doubt, unavoidable or
STIPULATION REGARDING ESI AND
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unintentional changes to the metadata caused by collection and review of native documents (such

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as “last modified” metadata) do not violate this order. When producing a file in native format, it

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shall be accompanied by a TIFF image marked with the words “File Produced Natively” along

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with the appropriate confidentiality designation (if any) and production number. Each native file

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shall be sequentially production numbered and a load file shall accompany it that contains the

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fields set forth in Schedule A. In addition, because native documents may lack production

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numbers or confidentiality designations branded on the face of the document when printed, any

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such numbers or designations shall be contained in a load file and in the name of the native

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document, which associates this type of information with each native file produced. Software

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files (such as SolidWorks files) shall not be included under this provision. The parties will meet

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and confer if there are any disputes regarding production of software files.

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9.

De-duplication: To the extent identical copies of documents (i.e., documents with

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identical hash values) appear in the files of a custodian, the Producing Party shall produce only

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one such identical copy. Further, to the extent that identical copies of documents appear in the

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files of more than one custodian, the Producing Party shall produce only one such identical copy.

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10.

Production Media: The Producing Party shall produce document images, load

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files and metadata on external hard drives, CDs, DVDs, or other mutually agreeable media

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(“Production Media”). Each piece of Production Media shall include a unique identifying label

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corresponding to the identity of the Producing Party, the date of the production of documents on

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the Production Media, and the Document Number ranges of the documents in that production.

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To the extent that the Production Media includes any information designated as

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“CONFIDENTIAL,” “HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY” and/or

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“HIGHLY CONFIDENTIAL – SOURCE CODE” under a Protective Order in this case, the label

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on such Production Media shall indicate that Production Media includes information so

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designated. Production Media shall also include text referencing the case name and number.

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Further, any replacement Production Media shall cross-reference the original Production Media,

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clearly identify that it is a replacement, and cross-reference the Document Number range that is

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being replaced.
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11.

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Original Documents: Nothing in this Stipulated Order shall eliminate or alter any

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Party’s obligation to retain Native Format copies, including associated metadata, of all ESI

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produced in the Litigation and original hard copy documents for all Paper Discovery produced in

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the Litigation.
12.

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Proprietary Software: To the extent that documents produced pursuant to this

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Stipulated Order cannot be rendered or viewed without the use of proprietary software,

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the Parties shall meet and confer to minimize any expense or burden associated with the

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production of such documents in an acceptable format, including issues as may arise with respect

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to obtaining access to any such software.
13.

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English Language: To the extent any document exists in more than one language,

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the document shall be produced in English, if available.

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D.

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PROCESSING SPECIFICATIONS
The Producing Party shall collect and process documents using methods that avoid

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spoliation of data. The Producing Party shall use the following specifications when converting

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ESI from its Native Format into TIFF image files prior to its production:

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1.

All tracked changes shall be maintained and displayed, to the extent reasonably

feasible upon collection, so that all changes to a document are evident.
2.

To the extent it is possible under the Producing Party’s systems, OLE Embedded

files shall not be extracted as separate documents.
3.

Author comments and Presenter notes shall remain or be made visible, to the

extent reasonably feasible upon collection.
4.

To the extent it is possible under the Producing Party’s systems, all documents

shall be processed in the Global Mean Time (“GMT”) time zone.
5.

To the extent it is possible under the Producing Party’s systems, auto-populated

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fields, with the exception of auto-populating “page-number” fields, shall be replaced with text

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indicating the field name. For example, auto-populating “date” fields shall be replaced with the

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text “DATE” and auto-populating “file path” fields shall be replaced with the text “PATH”.

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STIPULATION REGARDING ESI AND
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E.

The Parties will produce documents including ESI on a reasonable rolling production

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TIMING AND SEQUENCING OF ELECTRONIC DISCOVERY

basis.
If the Producing Party elects to use search terms to locate potentially responsive ESI, it

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shall disclose the search terms to the Receiving Party. Absent a showing of good cause, a

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Receiving Party may request no more than ten (10) additional terms to be used in connection

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with the electronic search. Focused terms, rather than over-broad terms (e.g., product and

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company names), shall be employed. The parties may meet and confer regarding disputes over

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search terms. If no agreement is reached during the meet and confer, either Party may submit the

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matter to the Court.

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F.

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PRIVILEGE LOG
1.

Consistent with Federal Rule of Civil Procedure 26(b)(5)(A), a Party withholding

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or redacting any Responsive Document on the grounds of privilege, immunity or any similar

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claim shall provide to the Receiving Party a log containing the information described in

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Paragraph F.2 (“Privilege Log”), except that the Parties shall not be required to provide a

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Privilege Log for any withheld privileged communications or work-product that post-dates the

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filing of the complaint. Communications may be identified on a privilege log by category, rather

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than individually, if appropriate. The parties hereby agree to exchange initial privilege logs by

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no later than forty-five (45) days prior to the close of fact discovery. Supplemental privilege

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logs may be provided for productions served after this date.

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2.

For each document withheld or redacted, the Privilege Log shall contain the

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following information: (i) the date of the document; (ii) the identity of all persons who authored,

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signed or otherwise prepared the document; (iii) the identity of all persons designated as

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addressees or copyees, including blind copyees; (iv) a description of the contents of the

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document that, without revealing information itself privileged or protected, is sufficient to

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understand the subject matter of the document and the basis of the claim of privilege or

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immunity; (v) the type or nature of the privilege asserted (e.g., attorney-client privilege, work-

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product doctrine, etc.); (vi) the unique document number assigned to the withheld document;
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(vii) the Bates numbers corresponding to the first and last page of any redacted document, if the

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document has been assigned any such Bates numbers; and (viii) the total number of pages.
3.

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Any email thread (i.e., a series of emails linked together by email responses and

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forwarding) that is withheld or redacted on the grounds of privilege, immunity or any similar

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claim shall be logged as one document and shall be identified by the top-most email in the thread

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that is withheld or redacted (e.g., if a party withholds on the basis of privilege an email thread

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consisting of a sent email, a first reply email and a second reply email, the thread shall be

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identified by the second reply email; if a party produces the same email thread but redacts the

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sent email and the first reply email, the thread shall be identified by the first reply email). The

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parties shall not be required to log identical copies of an email that is included in a thread that

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has been logged in accordance with this Paragraph.
4.

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Each member of a family that is withheld or redacted on the grounds of privilege,

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immunity or any similar claim shall be identified (i.e., email attaching memorandum), but

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members of the same family such as e-mail threads (to the extent such members are also being

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withheld or redacted) shall be logged together as a single entry on the Privilege Log. The

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Privilege Log entry should reflect that the entry pertains to a family or e-mail thread.
5.

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Pursuant to Federal Rule of Evidence 502(d) and Federal Rule of Civ. Procedure

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26(b)(5), the production of a privileged or work-product-protected document, whether

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inadvertent or otherwise, is not a waiver of privilege or protection from discovery in this case or

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in any other federal or state proceeding. For example, the mere production of privileged or

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work-product-protected documents in this case as part of a mass production is not itself a waiver

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in this case or in any other federal or state proceeding.
6.

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The Parties shall meet and confer to resolve any disputes regarding the privilege

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log prior to seeking relief from the Court.

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G.

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ADDITIONAL ISSUES
1.

Protective Order: The terms of any Stipulated Protective Order filed with the

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Court governing the inadvertent production of privileged information also govern all production

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pursuant to this Document Production Protocol.
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2.

Inadvertent Production: Pursuant to Rule 502 of the Federal Rules of

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Evidence, the inadvertent production of documents or material subject to the attorney-client

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privilege, the attorney work-product doctrine, or any other applicable privilege or protection

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from disclosure will not waive the privilege or protection from disclosure. In addition, the

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Parties agree that if a document subject to the attorney-client privilege, the attorney work-

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product doctrine, or any other applicable privilege or protection from disclosure is included in

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the documents or materials made available for inspection, such disclosure shall not be considered

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a waiver of the privilege or protection from disclosure. The Producing Party must notify the

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Receiving Party in writing within ten (10) business days of becoming aware of the inadvertent

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disclosure of privileged or protected information or material.
Upon a request from a Party that has inadvertently produced any document, information,

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or material that it believes is subject to the attorney-client privilege, the attorney work-product

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doctrine, or any other applicable privilege or protection from disclosure, each Party receiving

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said document, information, or material shall return all physical copies to the Producing Party

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and destroy all electronic copies with ten (10) business days of the notification in writing of the

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disclosure. The Receiving Party shall also certify in writing that all copies of the document,

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information, or material have been returned and/or destroyed within ten (10) calendar days after

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receiving notification in writing of the disclosure. Return and/or destruction of the document,

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information, or material shall not constitute an admission or concession, or permit any inference,

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that the returned document, information, or material is, in fact, properly subject to a claim of

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attorney-client privilege, the work-product doctrine, or any other right or immunity nor shall it

22

foreclose any party from moving the Court for an order that such document, information, or

23

material has been improperly designated or should be producible for reasons other than a waiver

24

caused by the production. Where the document, information, or material at issue was produced

25

in electronic form, the Receiving Party will destroy the electronic document, information, or

26

material, and all copies, including all database records and associated files, and will return to the

27

Producing Party the original production media containing the electronic document, information,

28

or material immediately upon receipt from the Producing Party of a replacement production
STIPULATION REGARDING ESI AND
DISCOVERY PROTOCOL

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Case No. 3:14-cv-01091-JST

1

media for that production volume including a slip sheet or redacted form of document and

2

replacement data for the document, information, or material being removed. Nothing herein

3

shall prevent the Receiving Party from preparing a record for its own use containing the date,

4

author, addressee(s), and topic of the document and such other information as is reasonably

5

necessary to identify the document and describe its nature to the Court in any motion to compel

6

production of the document. Such a record of the identity and nature of a document may not be

7

used for any purpose other than preparation of a motion to compel in this Action. After the

8

return and/or destruction of the document(s), information, or material(s), the Receiving Party

9

may challenge the Producing Party’s claim(s) of privilege, protection, or work-product by

10

making a motion to the Court.

11

H.

MANNER OF SERVICE

12

The parties will serve all documents related to this Litigation by 11:59 PM Pacific Time

13

on the day of service, and such service shall constitute timely service on that day. Service may

14

be made by electronic mail to counsel of record (identified below), with the filed, submitted, or

15

produced documents attached in .pdf format. When the size of the file containing any such

16

document(s) are too large for service by electronic mail, service may be made by hand delivery

17

or by Federal Express (or similar means) for next day delivery, and a CD, diskette, .ftp site or

18

other means of electronically providing the documents being served shall be provided. Where

19

service is made by next day delivery, service shall be effective on the day sent. The Parties may

20

electronically serve large documents via an FTP site in accordance with the same rules

21

applicable to e-mail. Following service, the Producing Party shall send the Receiving Party load

22

files containing the corresponding metadata as set forth in Schedule A.

23

All discovery requests shall be served by electronic means in .pdf format accompanied by

24

a Word version for use by the receiving party. All responses and objections thereto (but not

25

necessarily documents produced pursuant to any such request) shall be served by electronic mail

26

in a searchable .pdf format.

27
28

The parties designate the following persons to receive documents pursuant to this
stipulation:
STIPULATION REGARDING ESI AND
DISCOVERY PROTOCOL

14

Case No. 3:14-cv-01091-JST

1
2
3
4
5

Party
JDSU

Service by E-mail
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

By Hand:
Calvin L. Litsey
Faegre Baker Daniels LLP
1950 University Avenue, Suite 450
East Palo Alto, CA 94303

6
7
8
9
10
11
12

Service by Hand or by Mail
By Mail:
Julie Wahlstrand
2200 Wells Fargo Center
90 S. Seventh Street
Minneapolis, Minnesota 55402-3901

CoAdna [e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

Reuben Chen
3175 Hanover Street
Palo Alto, CA 94304

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION REGARDING ESI AND
DISCOVERY PROTOCOL

15

Case No. 3:14-cv-01091-JST

1
2
3
4
5
6
7

IT IS SO STIPULATED, through Counsel of Record.
Dated: September 10, 2014

Dated: September 10, 2014

By:
/s/ Calvin L. Litsey
David J.F. Gross (CA 290951)
Calvin L. Litsey (CA 289659)
Faegre Baker Daniels LLP
1950 University Avenue, Suite 450
East Palo Alto, CA 94303
[phone]
[phone] Fax

By:
/s/ Reuben H. Chen
Heidi L. Keefe (178960)
Reuben H. Chen (228725)
COOLEY LLP
3175 Hanover Street
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: [phone]

Kenneth A. Liebman (CA 090438)
Faegre Baker Daniels LLP
2200 Wells Fargo Center
90 South 7th Street
Minneapolis, MN 55402
[phone]
[phone] Fax

Attorneys for Defendant CoAdna Photonics,
Inc.

8
9
10
11
12
13
14
15
16
17
18
19

Attorneys for Plaintiff JDS Uniphase
Corporation
Pursuant to Civil L.R. 5.1(i)(3), I hereby
attest that I have obtained the concurrence
in the filing of this document from all the
signatories for whom a signature is
indicated by a “conformed” signature (/s/)
within this e-filed document and I have on
file records to support this concurrence for
subsequent production for the Court if so
ordered or for inspection upon request.

20
21
September
15
SO ORDERED this ____ day of ____________, 2014, that the foregoing Agreement is

23

approved.

NO

27

RT

28

ER

S . Ti ga r

16

A

H

STIPULATION REGARDING ESI AND
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n
J u d ge J o

FO

26

R NIA

D

Honorable APPROVE
Jon S. Tigar
United States District Judge

25

LI

UNIT
ED

24

S DISTRICT
TE
C
TA

RT
U
O

S

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N

C

Case No. 3:14-cv-01091-JST
OF

D IS T IC T
R

SCHEDULE A: Production Fields

1
2
3
4
5
6

Field Name

Description for E-mail ESI

Volume

The production volume.
Number endorsed on first
page of document.
Number endorsed on last
page of document.
Total number of pages in
document.
Number endorsed on first
page of first document in
a family (i.e., documents
and all attachments
thereto).
Number endorsed on last
page of last document in a
family (i.e., documents
and all attachments
thereto).
The confidential
designation endorsed on
the document.
Sender of email message
Recipient of email
message in the “To” field
Recipient of email
message in the “CC” field
Recipient of email
message in the “BCC” field
Subject of email in the
“Subject” field
Date the E-mail was sent,
including month, date and
year.
(MM/DD/YYYY format)
Time the E-mail was sent,
including hour, minute,
second in
Global Mean Time
(HH:MM:SS).
Date the E-mail was
received,
including month, day and
year.
(MM/DD/YYYY format)

Beg Bates
End Bates
Page Count

7
8

Beg Attach

9
10
11

End Attach

12
13

Confidential
Designation

14

FROM

15

TO

16

CC

17

BCC

18

Subject

19
20

Date Sent

21
22
23

Time Sent

24
25
26

Date Received

Description for Non-Email ESI
The production volume.
Number endorsed on
first page of document.
Number endorsed on last
page of document.
If available, total number
of pages in document
N/A

Paper Discovery

The confidential
designation endorsed on
the document.
N/A
N/A

The production volume.
Number endorsed on
first page of document.
Number endorsed on last
page of document.
Total number of pages in
document.
Number endorsed on
first page of first
document in a family
(i.e., documents and all
attachments thereto).
Number endorsed on last
page of last document in
a family (i.e., documents
and all attachments
thereto).
The confidential
designation endorsed on
the document.
N/A
N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

27
28
STIPULATION REGARDING ESI AND
DISCOVERY PROTOCOL

17

Case No. 3:14-cv-01091-JST

1

Field Name

2
3

Time Received

4
5

Description for E-mail ESI
Time the E-mail was
received,
including hour, minute,
second in
Global Mean Time
(HH:MM:SS).
N/A

6
7

Title

8
9

N/A
File Create Date

10
11
12

Date Last
Modified

N/A

13
14

N/A

Authors

15
16
17
18
19

Time Last
Modified

20
21

File Name

22
23
24

File Extension
File Size

25
26

Document Type

Time the E-mail or
corresponding
draft was last modified,
including
hour, minute, second in
Global
Mean Time (HH:MM:SS).
Original file name,
including file extension.
File extension of the
original native file.
Size of E-mail in KB or MB.
Describes the type of
document
(e.g., Lotus Notes E-mail).

27

Description for Non-Email ESI
N/A

Paper Discovery
N/A

If available, verbatim
subject or re: line, or
discernable document
title appearing on the
document’s first page.
If available, date the file
was created including
month, day and year.
(MM/DD/YYYY format)
If available, date the
document was last
modified. (MM/DD/YYYY
format)
If available, the person(s)
who created, wrote,
reviewed, signed, or
approved the document.
If no author is present,
the field would be left
blank.
If available, time the
document was last
modified, including hour,
minute, second in Global
Mean Time (HH:MM:SS).

N/A

If available, original file
name, including file
extension.
File extension of the
original native file.

N/A

If available, size of
document in KB or MB.
If available, describes the
type of document
(e.g., Microsoft Word
Document).

N/A

N/A

N/A

N/A

N/A

N/A

N/A

28
STIPULATION REGARDING ESI AND
DISCOVERY PROTOCOL

18

Case No. 3:14-cv-01091-JST

1

Field Name

2
3

Conversation
Index

4
5

Native Path/Link

6
7

Text Path

8
9
10

Description for E-mail ESI
Full text of the 44
character string of
numbers and letters
created in the initial email.
File path to where the
corresponding native file
is stored on production
media.
File path to where the
corresponding text file is
stored on production
media.
Owner of the data

Custodian

Description for Non-Email ESI
N/A

File path to where the
corresponding native file
is stored on production
media.
File path to where the
corresponding text file is
stored on production
media.
If available, owner of the
data

11
12

Message ID
Hash

Unique message ID
MD5 hash value

N/A
N/A

Paper Discovery
N/A

N/A

N/A

Owner of the
data/person from whose
files Paper Documents
were collected and
produced
N/A
N/A

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION REGARDING ESI AND
DISCOVERY PROTOCOL

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Case No. 3:14-cv-01091-JST