The Regents of the University of California v. Chen et al

Filing 82

STIPULATION AND ORDER re 81 re Discovery of Electronically Stored Information for Litigation filed by The Regents of the University of California. Signed by Judge Edward M. Chen on 1/29/18. (bpfS, COURT STAFF) (Filed on 1/29/2018)

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Full listing of Counsel can be found on Signature Page

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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12 THE REGENTS OF THE UNIVERSITY OF
CALIFORNIA, a California corporation,
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Plaintiff,
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v.
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ROGER JINTEH ARRIGO CHEN, an
16 individual; GENIA TECHNOLOGIES, INC., a
Delaware corporation; and DOES 1-25,
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Defendants.
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Case No. 3:16-cv-07396
STIPULATED ORDER RE: DISCOVERY
OF ELECTRONICALLY STORED
INFORMATION FOR LITIGATION

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STIPULATED ORDER RE: DISCOVERY OF ESI

CASE NO. 3:16-CV-07396-EMC

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PURPOSE

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

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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.

LIAISON
The parties agree that they will make counsel with knowledge of e-discovery issues

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available to meet and confer as needed.

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4.

PRESERVATION

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The parties have discussed their preservation obligations and needs and agree that

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preservation of potentially relevant ESI will be reasonable and proportionate. To reduce the costs

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

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a) Only ESI created or received between May 1, 2005 and December 29, 2016 (to
the extent that it is in a party’s possession, custody, or control) will be preserved;
b) The parties will exchange a list of the types of ESI they believe 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.” The parties shall add or remove custodians as reasonably
necessary;
c) The parties will agree on the number of custodians per party for whom ESI will
be preserved;
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
preserved but not searched, reviewed, or produced: backup media of electronic
systems, systems no longer in use that cannot be accessed;
e) Among the sources of data the parties agree are not reasonably accessible, the
parties agree not to preserve the following: digital voicemail, instant messaging,
automatically saved versions of documents;

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STIPULATED ORDER RE: DISCOVERY OF ESI

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CASE NO. 3:16-CV-07396-EMC

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5.

SEARCH

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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 that

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

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6.

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PRODUCTION FORMATS
The parties agree to produce documents in single-page Group IV B&W 300 DPI TIFF

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file format, with standard delimited load files (DAT files) for metadata as available, and Opticon

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format files (OPT files) with document breaks and page counts. Excel files and other database or

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unimageable formats are agreed to be produced in native format, renamed by their Bates number,

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for example, ABC00000002.xls, and the corresponding native file location referenced in DAT

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files. Separate document level text files shall be provided for all documents produced, and the

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corresponding text file location referenced in DAT files. If particular documents warrant a

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

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

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document production process. DAT files will include the following metadata fields as available:

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a) Begin Bates

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b) End Bates

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c) Begin Bates Attach

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d) End Bates Attach

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e) Custodian All

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f) Email From

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g) Email To

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h) Email CC

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i) Email BCC

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j) Email Subject

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k) Email Date Sent

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l) Email Time Sent

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m) Time Zone
STIPULATED ORDER RE: DISCOVERY OF ESI

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CASE NO. 3:16-CV-07396-EMC

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n) File Type

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o) File Extension

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p) File Name

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q) Author

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r) Date Created

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s) Time Created

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t) Date Modified

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u) Time Modified

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v) File Size

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w) Page Count

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x) Original File Path

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y) MD5 Hash

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z) Conversation Index

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aa) Email ThreadID

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bb) Document Title

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cc) Native Link (Path to native file in production)

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dd) Path (Path to extracted/OCR text file in production)

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7.

The parties agree to phase the production of ESI, by first producing ESI held by a party

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PHASING

which is identified by search terms provided by the requesting party. After an initial production,
the parties shall identify custodians and search terms for the production of email. For ESI other
than email, the parties agree to 20 search terms per side. For email, the parties agree to 5

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custodians per side and 10-15 keywords per custodian.
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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-

STIPULATED ORDER RE: DISCOVERY OF ESI

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CASE NO. 3:16-CV-07396-EMC

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.

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b) Both parties agree that any inadvertent inclusion of any privileged material shall
not result in the waiver of any associated privilege nor result in a subject matter
waiver of any kind. Both parties agree to return any privileged material
inadvertently disclosed immediately upon notice of the disclosure.

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c) Communications involving trial counsel need not be placed on a privilege log.

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This Stipulated Order may be modified by a Stipulated Order of the parties or by the

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MODIFICATION

Court for good cause shown.
IT IS SO STIPULATED, through Counsel of Record.

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Dated: January 26, 2018

/s/ Stuart C. Plunkett
Counsel for Plaintiff

Dated: January 26, 2018

/s/ Sarah B. Petty
Counsel for Defendant

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IT IS ORDERED that the forgoing Agreement is approved.

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Dated:

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UNITED STATES DISTRICT/MAGISTRATE JUDGE

UNIT
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F
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STIPULATED ORDER RE: DISCOVERY OF ESI

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CASE NO. 3:16-CV-07396-EMC

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Dated: January 26, 2018

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BAKER BOTTS LLP

WILMER CUTLER PICKERING
HALE AND DORR LLP

/s/ Stuart C. Plunkett
Stuart C. Plunkett (State Bar No. 187971)
[e-mail]
Ariel D. House (State Bar No. 280477)
[e-mail]
BAKER BOTTS LLP
101 California Street, Suite 3070
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]

/s/ Sarah B. Petty
Robert J. Gunther, Jr.
Omar Khan
WILMER CUTLER PICKERING HALE AND
DORR LLP
7 World Trade Center
New York, NY 10007
Telephone: [phone]
[e-mail]
[e-mail]

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Paul R. Morico (pro hac vice)
[e-mail]
Elizabeth D. Flannery (pro hac vice)
[e-mail]
BAKER BOTTS LLP
One Shell Plaza
901 Louisiana Street
Houston, Texas 77002
Telephone: [phone]
Facsimile: [phone]
Counsel for Plaintiff

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Robert M. Galvin (State Bar No. 171508)
WILMER CUTLER PICKERING HALE AND
DORR LLP
950 Page Mill Road
Palo Alto, CA 94304
Telephone: [phone]
[e-mail]

Sarah B Petty
WILMER CUTLER PICKERING HALE AND
DORR LLP
60 State Street
Boston, MA 02109
Telephone: [phone]
[e-mail]
Nora Q.E. Passamaneck (pro hac vice)
WILMER CUTLER PICKERING HALE
AND DORR LLP
1225 17th Street, Suite 2600
Denver, CO 80202
Telephone: [phone]
[e-mail]

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Counsel for Defendants

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STIPULATED ORDER RE: DISCOVERY OF ESI

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CASE NO. 3:16-CV-07396-EMC

ATTESTATION

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I hereby attest that I have obtained concurrence of the above noted signatories as
indicated by a “conformed” signatures within this e-filed document.

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DATED: January 26, 2018

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By: /s/ Stuart C. Plunkett
Stuart C. Plunkett (SBN 187971)
[e-mail]
BAKER BOTTS L.L.P.
101 California Street, Suite 3600
San Francisco, CA 94111
Telephone: [phone]
Counsel for Plaintiff

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STIPULATED ORDER RE: DISCOVERY OF ESI

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CASE NO. 3:16-CV-07396-EMC