Jaber v. BPI Sports LLC et al

Filing 52

STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION FOR STANDARD LITIGATION. Signed by Judge Maxine M. Chesney on 03/20/17. (mmclc2, COURT STAFF) (Filed on 3/20/2017)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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NICHOLAS JABER on behalf of himself, all
others similarly situated, and the general
public,

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Plaintiff,

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Case Number: 16-cv-05355-MMC
[MODEL]STIPULATED ORDER RE:
DISCOVERY OF ELECTRONICALLY
STORED INFORMATION FOR
STANDARD LITIGATION

vs.

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BPI SPORTS,LLC,IMAGE SPORTS, LLC
and BE POWERFUL,LLC,

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Defendants.

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1. PURPOSE
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
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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
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Discovery of ESI.
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3 SEARCH
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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 filter out ESI that is not subject to discovery.
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4 PRODUCTION FORMATS
The parties agree to produce documents in ~ PDF, ❑TIFF,

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native and/or ❑paper or

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a combination thereof(check all that apply)] file formats. 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 ofthe
document production process.
5 DOCUMENTS PROTECTED FROM DISCOVERY
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a Pursuant to Fed. R. Evid. 502(d), the production of a privileged or work-product)
protected 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 that post-date the filing of the complaint
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need not be placed on a privilege log.

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6 MODIFICATION
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This Stipulated Order may be modified by a Stipulated Order of the parties or by the
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Court for good cause shown.
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IT IS SO STIPULATED,through Counsel of Record.

16 ~ Dated: March 16, 2017
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Counsel for Plaintiff
Dated: ~ ~~~/~

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Counsel for Defendants

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IT IS ORDERED that the forgoing Agreement is approved.
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22 ~ Dated: March 20, 2017
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UNITED STATES DISTRICT/MAGISTRATE JUDGE

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