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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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA

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Keith Thomas, et al.,

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Plaintiff(s),
vs.
Magnachip Semiconductor Corp., et al.,
Defendant(s).

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)
) Case Number: 3:14-cv-01160-JST
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) STIPULATED ORDER RE: DISCOVERY
) OF ELECTRONICALLY STORED
) INFORMATION FOR STANDARD
) LITIGATION
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1. PURPOSE

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

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case as a supplement to the Federal Rules of Civil Procedure, this Court’s Guidelines for the

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

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2. COOPERATION
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

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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

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

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

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including the location, nature, accessibility, format, collection, search methodologies, and

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production of ESI in this matter. The parties will rely on the liaisons, as needed, to confer

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about ESI and to help resolve disputes without court intervention.

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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

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

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

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6. PRODUCTION FORMATS
The parties agree to produce documents in ☐ PDF, ☒TIFF, ☒native and/or ☐paper

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file formats. If particular documents warrant a different format, the parties will cooperate to

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

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degrade the searchability of documents as part of the document production process.

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7. PHASING
The Parties agree that any rolling production shall commence on the date the response

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is due under Fed. R. Civ. P. 34. The Parties shall use reasonable efforts to substantially

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complete document production within forty-five (45) days thereafter, and such production shall

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be substantially completed no later than ninety (90) days thereafter.

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8. DOCUMENTS PROTECTED FROM DISCOVERY

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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.

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Dated:

/s/ Joshua B. Silverman

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Counsel for Plaintiff
Dated:

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/s/ John C. Murphy
Counsel for Defendant Avenue Capital Management II

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IT IS ORDERED that the forgoing Agreement is approved.
Dated: April 13, 2016
UNITED STATES DISTRICT JUDGE

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