Hayes v. Magnachip Semiconductor Corp. et al

Filing 224

STIPULATION AND ORDER re 218 STIPULATION WITH PROPOSED ORDER Stipulated Order Re: Discovery of Electronically Stored Information for Standard Litigation filed by Avenue Capital Management II, L.P. Signed by Judge Jon S. Tigar on April 13, 2016. (wsn, COURT STAFF) (Filed on 4/13/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 Keith Thomas, et al., 8 9 10 11 12 Plaintiff(s), vs. Magnachip Semiconductor Corp., et al., Defendant(s). 13 14 ) ) Case Number: 3:14-cv-01160-JST ) ) STIPULATED ORDER RE: DISCOVERY ) OF ELECTRONICALLY STORED ) INFORMATION FOR STANDARD ) LITIGATION ) ) ) ) ) ) 1. PURPOSE 15 This Order will govern discovery of electronically stored information (“ESI”) in this 16 case as a supplement to the Federal Rules of Civil Procedure, this Court’s Guidelines for the 17 Discovery of Electronically Stored Information, and any other applicable orders and rules. 18 19 2. COOPERATION The parties are aware of the importance the Court places on cooperation and commit to 20 cooperate in good faith throughout the matter consistent with this Court’s Guidelines for the 21 Discovery of ESI. 22 3. LIAISON 23 The parties have identified liaisons to each other who are and will be knowledgeable 24 about and responsible for discussing their respective ESI. Each e-discovery liaison will be, or 25 have access to those who are, knowledgeable about the technical aspects of e-discovery, 26 including the location, nature, accessibility, format, collection, search methodologies, and 27 production of ESI in this matter. The parties will rely on the liaisons, as needed, to confer 28 about ESI and to help resolve disputes without court intervention. 1 1 2 3 4 5 6 4. PRESERVATION The parties have discussed their preservation obligations and needs and agree that preservation of potentially relevant ESI will be reasonable and proportionate. The parties agree to preserve all relevant documents. 5. SEARCH The parties agree that in responding to an initial Fed. R. Civ. P. 34 request, or earlier if 7 appropriate, they will meet and confer about methods to search ESI in order to identify ESI 8 that is subject to production in discovery and filter out ESI that is not subject to discovery. 9 10 6. PRODUCTION FORMATS The parties agree to produce documents in ☐ PDF, ☒TIFF, ☒native and/or ☐paper 11 file formats. If particular documents warrant a different format, the parties will cooperate to 12 arrange for the mutually acceptable production of such documents. The parties agree not to 13 degrade the searchability of documents as part of the document production process. 14 15 7. PHASING The Parties agree that any rolling production shall commence on the date the response 16 is due under Fed. R. Civ. P. 34. The Parties shall use reasonable efforts to substantially 17 complete document production within forty-five (45) days thereafter, and such production shall 18 be substantially completed no later than ninety (90) days thereafter. 19 8. DOCUMENTS PROTECTED FROM DISCOVERY 20 21 22 23 24 25 26 27 a) Pursuant to Fed. R. Evid. 502(b), the inadvertent production of a privileged or work-product-protected document is not a waiver of privilege or protection from discovery 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. 9. MODIFICATION This Stipulated Order may be modified by a Stipulated Order of the parties or by the Court for good cause shown. IT IS SO STIPULATED, through Counsel of Record. 28 2 1 Dated: /s/ Joshua B. Silverman 2 3 Counsel for Plaintiff Dated: 4 /s/ John C. Murphy Counsel for Defendant Avenue Capital Management II 5 6 7 8 IT IS ORDERED that the forgoing Agreement is approved. Dated: April 13, 2016 UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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