Gokhale v. Dolby Laboratories, Inc. et al

Filing 31

STIPULATION AND ORDER re 30 STIPULATION WITH PROPOSED ORDER FOR THE DISCOVERY OF ELECTRONICALLY STORED INFORMATION filed by Conroy Shum, Jeffrey Fehervari, Dolby Laboratories, Inc. Signed by Judge Jon S. Tigar on July 9, 2018. (wsn, COURT STAFF) (Filed on 7/9/2018)

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Anton N. Handal (Bar No. 113812)
[e-mail]
Gabriel G. Hedrick (Bar No. 220649)
[e-mail]
Lauren G. Kane (Bar No. 286212)
[e-mail]
GREENSPOON MARDER LLP
401 West A Street, Suite 1150
San Diego, California 92101
Tel: [phone]
Fax: [phone]

SEYFARTH SHAW LLP
Laura Maechtlen (SBN 224923)
E-mail: [e-mail]
Chantelle C. Egan (SBN 257938)
E-mail: [e-mail]
Pritee K. Thakarsey (SBN 266168)
E-mail: [e-mail]
560 Mission Street, 31st Floor
San Francisco, California 94105
Telephone:
[phone]
Facsimile:
[phone]

Attorneys for Plaintiff
SUSHAMA GOKHALE

Dana L. Peterson (SBN 178499)
E-mail: [e-mail]
2029 Century Park East, Suite 3500
Los Angeles, California 90067-3021
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendants
DOLBY LABORATORIES, INC.;
JEFFREY FEHERVARI and CONROY
SHUM

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SUSHAMA GOKHALE, an individual;
Plaintiff,

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v.

CASE NO.: 3:17-cv-03845-JST
STIPULATED ORDER FOR THE
DISCOVERY OF ELECTRONICALLY
STORED INFORMATION

DOLBY LABORATORIES, INC., a California
corporation; JEFFREY FEHERVARI, an
individual; CONROY SHUM, an individual;
and DOES 1 to 10, inclusive,
Defendants.

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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 shall identify 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

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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

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costs 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 January 1, 2011 and December 31, 2017 will
be preserved;

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b. The Parties agree to limit the number of custodians for preservation purposes to

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those identified in Exhibit A. The parties further agree that there will be no

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obligation to search and collect from each and every custodian identified for

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preservation. The parties shall add or remove custodians as reasonably necessary

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and will meet and confer regarding the same;

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c. Among the sources of data the parties agree are not reasonably accessible, the
parties agree not to preserve the following:
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Deleted, shadowed, fragmented, residual, or cached data, temporary files,

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random access memory (“RAM”), or ESI that would only be accessible by

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taking a forensic (bit stream) image of a device.

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2.

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Data in metadata fields that are frequently updated automatically, such as
last-opened dates.

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Voicemails or instant messages.

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Case No. 3:17-cv-03845-JST

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4.

Server, system, or network logs.

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Information stored on cellular telephones, including but not limited to text

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messages, voicemails, and telephone call history.

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Corrupted data or data containing viruses.

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Back up tapes or other storage media used for disaster recovery purposes.

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d. Additional data sources that are not reasonably accessible may be identified as a

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result of investigation. The parties will meet and confer regarding any disagreement

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about the accessibility of such additional data sources. Nothing herein shall prevent a

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party from subsequently requesting that ESI identified above be preserved and

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produced if specific facts demonstrate a particular need for such evidence that

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justifies the burden of preservation and retrieval. Further, nothing herein shall

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prevent a party from requesting and receiving additional detail and explanation from

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the producing party regarding any of the above items that would allow the requesting

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party to further evaluate the substance of the information and the burden and costs of

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retrieving and providing this information.

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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

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

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parties further agree to meet and confer to identify the proper custodians, proper search terms

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and proper timeframe for email production requests as set forth in this District’s E-Discovery

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Guidelines. Nothing herein shall limit a party’s right to use technology assisted review tools to

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reasonably assist its review and production.

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6. PRODUCTION FORMATS

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The parties agree to produce documents in the formats described below. The parties

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agree not to degrade the searchability of documents as part of the document production

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process.

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a. Images. The parties will produce images in Group IV Single Page Tiff format,
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scanned at 300 DPI, with Bates numbers stamped on the bottom right.

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Confidentiality designations will be stamped on the bottom left. Both stamps to be

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situated so as to not block or obliterate underlying text. Files shall be named by

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BegBates. All hidden text (e.g., track changes, hidden columns, mark-ups, notes)

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shall be expanded and rendered in the image file.

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b. Native Files. The parties will produce spreadsheets (e.g., Excel, CSV, and other

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delimited text files) and multimedia files in native format where reasonably

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available, with the exception of native files that correspond to produced documents

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that have been redacted. Where documents are produced in native format, the

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Parties shall rename the file to the BegBates Number and include any

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confidentiality designation therein as well. The Parties shall provide placeholder

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images with Bates and confidentiality branding for each natively produced

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document.

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c. Parent-Child Relationships. Parent-child relationships (e.g., the association

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between emails and attachments) will be preserved. Email attachments will be

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consecutively produced with the parent email, and families will be associated using

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attachment range metadata as specified in Exhibit B.

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d. Bates Numbering. All documents produced in image format will include a legible,

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unique page identifier (“Bates Number”) electronically embossed onto each page at

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a location that is reasonably intended to not obliterate, conceal, or interfere with any

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information in the document. No other legend or stamp will be placed on the

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images other than a confidentiality legend (where applicable), redactions (consistent

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with any other protective orders or applicable law), and if desired by a party, a

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document control number separate from the Bates Number. With respect to the

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identification of files produced in their native format, the parties shall identify each

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file produced using the BegBates Number as the name, and link in the applicable

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load file.

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e. File Naming Conventions. Each TIFF Image shall be named with the unique Bates
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Number of the page of document. Each corresponding text file shall also be named

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with the BegBates Number of the document. In the event the Bates Number

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contains a symbol and/or character that cannot be included in a file name, the

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symbol and/or character will be omitted from the file name.

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f. Load Files. The parties shall produce a Concordance

load file with each

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production. Each load file shall include the metadata fields provided in Exhibit B

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to the extent that they are available as a part of standard processing. The parties

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shall meet and confer to the extent reasonably necessary to facilitate the import and

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use of the produced materials with commercially available document management

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or litigation support software.

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g. Extracted Text/OCRed Text. The parties shall produce extracted text in ASCII

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format, or OCR files reflecting the full text that has been electronically extracted

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from each produced document, whether its original from is hard copy or electronic.

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The OCR and extracted text files shall be produced in a manner suitable for

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importing the information into commercially available document management or

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litigation support software.

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h. Privileged Information. Any document falling within the scope of any request for

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production or subpoena that is withheld on the basis of a claim of attorney-client

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privilege, work-product, or any other claim of privilege or immunity from

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discovery shall be identified by the producing party in a privilege log, which the

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producing party shall produce in an electronic format that allows text searching and

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organization of data. An e-mail thread contained within a single document need

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only be recorded once on the producing party’s privilege log, even if a privilege is

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asserted over multiple portions of the thread. Privilege log identification is not

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required for communications exchanged between the producing party and their

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litigation counsel or among counsel for the producing party after the date of filing

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of this action.

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i. Privilege Log. For each responsive document for which a producing party asserts
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that a privilege applies, the producing party must include in the privilege log the

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information required by Federal Rule of Civil Procedure 26(b)(5). Notwithstanding

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a claim of privilege, any purportedly privileged document containing non-

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privileged matter must be: (i) produced with the purportedly privileged portion

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redacted, with the redacted portion indicated on the document itself, and (ii) listed

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on the privilege log to be provided above. A privilege log shall be provided by the

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producing party to the receiving party within 45 days following the delivery of any

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applicable production, unless there is good cause for delay.

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j. Production of Privileged Materials (“Claw-back”). In the event that a producing

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party claims that it failed to designate or withhold any production materials or other

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information as privileged or work-product materials, it shall promptly notify, in

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writing, all parties to whom such privileged material was produced or disclosed of

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the producing party’s intent to assert a claim of privilege or work-product over such

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materials (“Privileged Material”). Upon such notice, the receiving party shall not

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review or use the disclosed Privileged Material in any respect, except to the

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minimal extent necessary to confirm the appropriateness of the designation or to
otherwise challenge the designation pursuant to the procedures set forth below. The
receiving party shall within 14 days return, sequester, and delete or destroy all
copies of the disclosed Privileged Material (including any and all work-product
containing such Privileged Material); and shall take reasonable steps to retrieve
such Privileged Material if the receiving party disclosed it before being notified;

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and shall make no further use of such Privileged Material (or work product
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containing such Privileged Material). In the event the receiving party challenges
the designation pursuant to the procedures set forth below, the receiving party’s
obligation to sequester remains, except to the minimal extent necessary to challenge
the designation, if so elected, pursuant to the procedures set forth below.
The receiving party may object to the Producing Party’s designation of
disclosed information as Privileged Material by providing written notice of such
objection within 14 days of its receipt of a written demand for the return of the
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disclosed Privileged Material. Any such objection shall be resolved as described in

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the model protective order.by the Court in an in camera review. The receiving

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party agrees not to argue in connection with a dispute over Privileged Material that

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the information may not have been reviewed by the producing party prior to its

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disclosure or that the producing party did not take reasonable steps to prevent

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disclosure.

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Pending resolution of any such dispute by the Court, the receiving party shall

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sequester and shall not use the disclosed Privileged Material in any respect except

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as required by the model protective order necessary to submit to the Court for in

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camera review. Where the parties agree, or the Court orders, that a document is

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protected by the attorney-client, work-product, or other privilege, and such

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document was originally produced in electronic format on media containing

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production materials that are not subject to any exemption from production, the

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producing party shall promptly provide replacement production to the receiving

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party.

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Pursuant to Fed. R. Evid. 502(d), the production of a privileged or work-product

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protected document, whether inadvertent or otherwise, is not a waiver of privilege

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or protection from discovery in this case or in any other federal or state proceeding.

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The production by any producing party, whether in this action or in any other

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proceedings, of materials subject to a claim of privilege or work-product shall not

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result in a waiver of any such protection in this action for the produced materials or

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for any other privileged or immune materials containing the same or similar subject

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matter. For example, the mere production of privileged or work-product-protected

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documents in this case as part of a mass production is not itself a waiver in this case

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or in any other federal or state proceeding. Nor shall the fact of production by any

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producing party in this action be used as a basis for arguing that a claim of privilege

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or work-product has been waived in any other proceeding.

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k. Receipt of Privileged Information. Nothing in this Order shall relieve counsel for
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any receiving party of any existing duty or obligation, whether established by case

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law, rule of court, regulation or other source, to return, and not to review, any

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privileged or work-product materials without being requested by the producing

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party to do so. Rather, in the event a receiving party becomes aware that it is in

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possession of what appears to be a privileged document, then counsel for the

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receiving party shall immediately: (i) cease any further review of that document; (ii)

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promptly sequester the potentially privileged material; and (iii) notify the producing

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party of the production, requesting whether the producing party intended for the

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document to be produced. In the event the producing party confirms the production

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of the privileged document, the receiving party shall promptly return or destroy all

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copies of the produced privileged document in its possession and take reasonable

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steps to retrieve all copies of the produced privileged documents distributed to other

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counsel or non-parties.

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l. Redactions. Redacted files should be produced as PDFs or TIFFs in redacted form,

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with applicable text files, or PDF text layers, containing extracted or OCRed text

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acquired after redaction. A party may employ native redaction techniques so long

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as the method of redaction employed does not significantly impair the usability or

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searchability of the non-redacted portions of the redacted item and the fact of

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alteration is disclosed. To the extent redactions are made on the basis of privilege,

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such redactions must be logged in the manner of any other responsive material

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withheld on claims of privilege. For the avoidance of doubt, redactions made on

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the basis of privacy (such as, e.g., social security or taxpayer-identification

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numbers, names of minor children, financial account numbers, etc.) and/or

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confidentiality need not be logged.

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7. PHASING

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When a party propounds discovery requests pursuant to Fed. R. Civ. P. 34, the parties

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agree to phase the production of ESI and the initial production will be from the following

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sources and custodians: the emails of Xaviera Aviles, Abby Evans, Jeff Fehervari, Sushama
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Gokhale, Dan Young, and Conroy Shum. Following the initial production, the parties will

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continue to prioritize the order of subsequent productions, if any.

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8. NO WAIVER

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Nothing contained herein is intended to or shall serve to limit a party’s right to review

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and withhold documents, ESI, or information (including metadata) as permitted by the Federal

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Rules of Civil Procedure and applicable case law.

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9. RELIEF FROM COURT

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If the parties are unable to agree, need further clarification on any issue relating to the

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preservation, collection, or production of electronically stored information, or require

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modification of this Order, any party may seek appropriate relief from the Court as described

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in the model protective order.

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10. PROTECTIVE ORDER
Nothing in this Stipulation shall be deemed to limit, modify, or override any provision
of any otherwise applicable Protective Order.
11. 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.
Dated: July 6, 2018

GREENSPOON MARDER LLP

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By:

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/s/ Gabriel G. Hedrick
Gabriel G. Hedrick
Attorneys for Plaintiff
SUSHAMA GOKHALE

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Dated: July 6, 2018

SEYFARTH SHAW LLP

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By:

/s/ Chantelle C. Egan
Chantelle C. Egan
Attorneys for Defendants
DOLBY LABORATORIES, INC.; JEFFREY
FEHERVARI and CONROY SHUM

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Case No. 3:17-cv-03845-JST

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ATTESTATION OF E-FILED SIGNATURE
Pursuant to Civil Local Rule 5-1(i)(3) and Section 2(f)(4) of the Electronic Case Filing

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Administrative Policies and Procedures Manual, I, Chantelle C. Egan, attest that above signatory,

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Gabriel G. Hedrick, has read and approved the foregoing and consent to its filing in this action.

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/s/ Chantelle C. Egan

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Chantelle C. Egan

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IT IS ORDERED that the forgoing Agreement is approved.

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Dated: July 9, 2018

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Hon. Jon S. Tigar

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UNITED STATES DISTRICT JUDGE

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EXHIBIT A

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Custodian List for Preservation

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I.

1.

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PLAINTIFF

II.

Sushama Gokhale

DEFENDANT
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34.
35.
36.
37.

Abby Evans
Allison Jacobs
Ally Li
Amy Kim
Amy Skryja
Andrew Dahlkemper
Andy Sherman
Aysel Akdeniz
Bonnie Adell
Brian Satterley
Carole Vandermeyde
Cole Rathje
Conroy Shum
Curtis Hodge
Dan Young
Ed Swift
Elaine Dull
Elizabeth Miller
Emilio Daireaux
Faith Ng
Harry Cole
Heath Hoglund
Jason Dea
Jeff Fehervari
Kiersten Bautista
Leo Spooner
Linda Rogers
Marshall Feldman
Mary Wand
Mike Goldsmith
Mike Okada
Moonbong Jang
Penelope Cruz
Rachel Goodman
Randy Dela Cruz
Sabina Polnar
Scott A. Sullivan

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Case No. 3:17-cv-03845-JST

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38.
39.
40.
41.
42.
43.
44.

Stephanie Hirasawa
Subroto Bose
Sushama Gokhale
Tony Fox
Vivian Vassallo
Winona Ou
Xaviera Aviles

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Case No. 3:17-cv-03845-JST

EXHIBIT B

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Metadata Fields for Production

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Note: Metadata Field names may vary depending on the application which generates

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them. For example, Microsoft Outlook creates different Metadata Field names than does Lotus

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Notes. Accordingly, the chart below describes the Metadata Fields to be produced in generic,

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commonly used terms which the producing party is to adapt to the specific types of ESI it is
producing.

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Loose
Files/

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Field Name

Description

StartBates

The Bates number for the first page of
the document.

EndBates

The Bates number for the last page of
the document.

Start

The first Bates number of the first
attachment to an email.

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Email

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Attachment

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End

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Attachment

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ParentBates

First bates number of the parent
document for each attachment record.

From

The reported sender of an Email
message.

To

The reported recipient(s) of an Email
message contained in the “To” field.

CC

The reported recipient(s) of an Email
message contained in the “CC” field.

BCC

Att.

The reported recipient(s) of an Email
message contained in the “BCC” field.

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The ending Bates number of the last
page of the last attachment to an Email.

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Case No. 3:17-cv-03845-JST

Loose
Files/

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Field Name

Description

Email

SentDate

The date on which an Email was sent
by the user’s Email software (if
available) in Pacific time.

SentTime

The time at which an Email was sent by
the user’s Email software (if not
included in SentDate) in Pacific time.

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EmailSubject

The Subject Line of an Email.

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Attachment
Count

The number of attachments to an Email

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FileName

The file name.

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FileExt

The file extension.

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Author

The author of the file as extracted from
the file metadata.

CreatedDate

The date the file was created as
extracted from the file metadata.

CreatedTime

The time the file was created as
extracted from the file metadata.

LastModDat
e

The date on which the file was last
modified as extracted from the file
metadata.

LastModTi
me

The time at which the file was last
modified as extracted from the file
metadata.

MD5Hash

The MD-5 hash value of the file.

Custodian

All custodian(s) or source(s) associated
with the record.

TEXTPATH

Att.

The path to the extracted text for the
file (if needed).

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Case No. 3:17-cv-03845-JST

Loose
Files/

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Field Name

Description

Email

NATIVE
PATH

Att.

The path to the native document on the
production media (where native file is
produced).

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47558506v.1

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46985451v.1

Case No. 3:17-cv-03845-JST