Reardon et al v. Uber Technologies, Inc.

Filing 94

STIPULATION AND ORDER re 92 STIPULATION WITH PROPOSED ORDER ESI Protocol filed by Jennifer Reilly, Justin Bartolet, Jonathan Grindell, Sandeep Pal, James Lathrop, Julie McKinney. Signed by Judge Jon S. Tigar on December 22, 2015. (wsn, COURT STAFF) (Filed on 12/22/2015)

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Hassan A. Zavareei (SBN 181547)
[e-mail]
Andrea R. Gold (admitted pro hac vice)
[e-mail]
Andrew J. Silver (admitted pro hac vice)
[e-mail]
TYCKO & ZAVAREEI LLP
1828 L Street, N.W., Suite 1000
Washington, DC 20036
Tel.: [phone]
Fax: [phone]
Kristen Law Sagafi (SBN 222249)
[e-mail]
TYCKO & ZAVAREEI LLP
483 Ninth Street, Suite 200
Oakland, CA 94607
Tel.: [phone]
Fax: [phone]
Attorneys for Plaintiffs James Lathrop,
Julie McKinney, Jonathan Grindell,
Sandeep Pal, Jennifer Reilly,
and Justin Bartolet
James G. Snell
[e-mail]
PERKINS COIE LLP
3150 Porter Drive
Palo Alto, CA 94304-1212
Telephone: [phone]
Facsimile: [phone]

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Debra R. Bernard, ARDC No. 6191217
[e-mail]
PERKINS COIE LLP
131 South Dearborn, Suite 1700
Chicago, Illinois 60603
Telephone: [phone]

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Attorneys for Defendant Uber Technologies, Inc.

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[PROPOSED] STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED
INFORMATION FOR STANDARD LITIGATION

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

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PLAINTIFFS JAMES LATHROP, JULIE
MCKINNEY, JONATHAN GRINDELL,
SANDEEP PAL, JENNIFER REILLY, and
JUSTIN BARTOLET on behalf of themselves
and all others similarly situated,

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[PROPOSED] STIPULATED ORDER
RE: DISCOVERY OF
ELECTRONICALLY STORED
INFORMATION FOR STANDARD
LITIGATION

Plaintiffs,

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Civil Action No. 14-cv-05678-JST

v.

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The Honorable Jon S. Tigar

UBER TECHNOLOGIES, INC.
Defendant.

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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 will

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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 shall identify liaisons to each other who are and will be knowledgeable
about and responsible for discussing their respective ESI.
Plaintiffs’ liaison is Sydney Teng, Tycko & Zavareei LLP, 1828 L Street NW, Suite
1000, Washington, DC 20036.
Defendant’s liaison is Jesse Murray, Uber Technologies, Inc., 1455 Market Street, San
Francisco, CA 94103.
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,
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[PROPOSED] STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED
INFORMATION FOR STANDARD LITIGATION

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collection, search methodologies, and production of ESI in this matter. The parties will rely on

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the liaisons, as needed, to confer about ESI and to help resolve disputes without court

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intervention.

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4. PRESERVATION

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The preservation of potentially relevant ESI is reasonable and proportionate. To reduce

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

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that:

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a) Only ESI created or received between December 31, 2010 and final judgment in
this matter will be preserved;

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b) The following types of ESI 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”:

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Custodians of Defendant: Michael Kadin, Engineering Manager; Caleb Mingle,
Senior Software Engineer; Charles-Axel Dein, Engineering Manager; Ying Zhang,
Senior Software Engineer; and Frederique Dame, Tech Services Manager (“Uber’s
designated custodians”).

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Custodians of Plaintiffs: Plaintiffs James Lathrop, Julie McKinney, Jonathan
Grindell, Sandeep Pal, Jennifer Reilly, and Justin Bartolet (“Plaintiffs’ designated
custodians”).

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The parties agree to add or remove custodians as reasonably necessary.

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Sources for Uber:
Sources for each Custodian: all document management systems, computer
archives, backup tapes or disks, hard drives, and/or electronic mail, or instant
messaging.
Sources not attributable to a Custodian: servers, electronic document
repositories, or any other electronic file storage media, relevant shared network
folders or repositories which Uber identifies following a reasonable and diligent
investigation as likely to contain responsive ESI.
Sources for Plaintiffs:
Sources for each Custodian: all document management systems, computer
archives, backup tapes or disks, PDAs, smart phones, personal computers, hard
drives, and/or electronic mail, instant messaging, or text messaging accounts.

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c) The parties have agreed on the number of custodians per party for whom ESI will
be preserved as set forth in paragraph (b) above;
d) These data sources are not reasonably accessible because of undue burden or cost
pursuant to Fed. R. Civ. P. 26(b)(2)(B) and ESI from these sources will be
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[PROPOSED] STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED
INFORMATION FOR STANDARD LITIGATION

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preserved but not searched, reviewed, or produced: none known at this time;
e) The following sources need not be preserved: backup media created before
December 31, 2010, digital voicemail, instant messaging, automatically saved
versions of documents;
f) In addition to the agreements above, the parties agree that data from these sources
(a) could contain relevant information but (b) under the proportionality factors,
should not be preserved: none known at this time;
g) Nothing herein is intended to or does waive any objections based on burden or
proportionality that the parties may have with respect to documents or information
sought by specific requests.

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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, the parties will meet and confer about methods to search ESI in order to identify

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

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The parties have met and conferred in response to the Fed. R. Civ. P. 34 requests propounded

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to date in this case. The parties have agreed on a list of search terms provided by counsel for

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Plaintiffs and attached to this Agreement as Exhibit A. Defendant shall run the list of search

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terms against the Sources for each Uber designated custodian identified above in paragraph

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4(b), as well as the Sources not attributable to an Uber designated custodian which Uber

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identifies following a reasonable and diligent investigation as likely to contain responsive ESI.

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

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a combination thereof (check all that apply)] file formats. If particular documents warrant a

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different format, the parties shall cooperate to arrange for the mutually acceptable production

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of such documents. The parties shall not degrade the searchability of documents as part of the

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document production process.

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7. PHASING
The parties have propounded discovery requests pursuant to Fed. R. Civ. P. 34. The

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parties agree to phase the production of ESI. The initial production will be from the following

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sources and custodians:
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[PROPOSED] STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED
INFORMATION FOR STANDARD LITIGATION

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Custodians of Defendant: Michael Kadin, Engineering Manager; Caleb Mingle,
Senior Software Engineer; Charles-Axel Dein, Engineering Manager; Ying Zhang,
Senior Software Engineer; and Frederique Dame, Tech Services Manager.
Custodians of Plaintiffs: Plaintiffs James Lathrop, Julie McKinney, Jonathan
Grindell, Sandeep Pal, Jennifer Reilly, and Justin Bartolet.
The parties agree to add or remove custodians as reasonably necessary.
Sources for Uber:
Sources for each Custodian: all document management systems, computer
archives, backup tapes or disks, hard drives, and/or electronic mail, or instant
messaging accounts.
Sources not attributable to a Custodian: servers, electronic document
repositories, or any other electronic file storage media, relevant shared network
folders or repositories which Uber identifies following a reasonable and diligent
investigation as likely to contain responsive ESI.
Sources for Plaintiffs:
Sources for each Custodian: all document management systems, computer
archives, backup tapes or disks, PDAs, smart phones, personal computers, hard
drives, and/or electronic mail, instant messaging, or text messaging accounts.
8. 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 and in-house counsel managing this
litigation 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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9. 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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[PROPOSED] STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED
INFORMATION FOR STANDARD LITIGATION

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IT IS SO STIPULATED, through Counsel of Record.

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Dated: December 18, 2015

/s/ Hassan A. Zavareei

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Counsel for Plaintiffs
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Dated: December 18, 2015

/s/ Debra Bernard

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Counsel for Defendant

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S

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J u d ge J o

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RT

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UNITED STATES DISTRICT JUDGE

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ERED

ORD
T IS SO

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Dated: December 22, 2015

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RT
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S DISTRICT
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IT IS ORDERED that the forgoing Agreement is approved.

UNIT
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[PROPOSED] STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED
INFORMATION FOR STANDARD LITIGATION