Arriaga v. ABB/Con-Cise Optical Group LLC

Filing 25

STIPULATION AND ORDER re 24 STIPULATION WITH PROPOSED ORDER Stipulation and [Proposed] Order Regarding Discovery of Electronically Stored Information filed by ABB/Con-Cise Optical Group LLC. Signed by Judge Edward M. Chen on 2/2/18. (bpf, COURT STAFF) (Filed on 2/2/2018)

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MORGAN, LEWIS & BOCKIUS LLP
Christopher J. Banks, Bar No. 218779
[e-mail]
Robin Marie Lagorio, Bar No. 284885
[e-mail]
One Market
Spear Street Tower
San Francisco, California 94105-1596
Telephone: [phone]
Facsimile: +1.415.442.1001

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Attorneys for Defendant
ABB/CON-CISE OPTICAL GROUP LLC, a Delaware
Limited Liability Company

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Plaintiff,

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v.

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Case No. 3:17-cv-05761-EMC

RUBY ARRIAGA,

STIPULATION AND [PROPOSED]
ORDER REGARDING DISCOVERY OF
ELECTRONICALLY STORED
INFORMATION

ABB/CON-CISE OPTICAL GROUP LLC,
a California corporation, and DOES 1 through
50, inclusive,
Defendants.

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1.

PURPOSE

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

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between Plaintiff Ruby Arriaga ("Plaintiff') and Defendant ABB/Con-Cise Optical Group LLC

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("Defendant") (collectively, the "parties") as a supplement to the Federal Rules of Civil

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Procedure, this Court's Guidelines for the Discovery of Electronically Stored Information, and

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any other applicable orders and rules.
COOPERATION

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2.

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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.

MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

LIAISON

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3.

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Defendant has identified a liaison who is knowledgeable about and responsible for

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discussing Defendant's ESI. Plaintiff may identify a liaison at a future point as needed. Each e-

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discovery liaison will be, or have access to those who are, knowledgeable about the technical

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aspects of e-discovery, including the location, nature, accessibility, format, collection, search

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methodologies, and production of ESI in this matter. The parties will rely on the liaisons, as

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needed, to confer about ESI and to help resolve disputes without court intervention.

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4.

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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)

PRESERVATION

Only ESI created or received between July 1, 2012 and September 3, 2016 will be

preserved;
b)

ESI created by the following custodians will be preserved: Matthew Kailas, Robin

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Duarte, Jeannette Delgado, Tim Dorsey, Ruby Arriaga, Jerry Frutero, Steven Solimini, and

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Vernon Burkett. To the extent any custodians' employment began after, or ended before July 1,

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2012 or September 3, 2016, the parties acknowledge that no ESI will have been created or

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received during that time frame.

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c)

Data sources that are not reasonably accessible because of undue burden or cost

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pursuant to Fed. R. Civ. P. 26(b)(2)(B) and ESI from these sources will be preserved but not

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searched, reviewed, or produced. Defendant identifies business intelligence environment data as a

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data source not reasonably accessible.
SEARCH

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5.

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The parties agree that each side will conduct a diligent search in good faith to identify ESI

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that is subject to production in discovery and filter out ESI that is not subject to discovery.
Defendant is required to produce only a single copy of a responsive document and may

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de-duplicate responsive ESI (based on MD5 or SHA-1 hash values at the document level) across

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custodians. For emails with attachments, the hash value is generated based on the parent/child

MORGAN, LEWIS &
ROCKIUS LLP
ATtOMETS AT LAW
SAN FRANCISCO

DB2/ 32295677.3

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Case No. 3:17-cv-05761-EMC
STIPULATION AND [PROPOSED] ORDER REGARDING DISCOVERY OF
ELECTRONICALLY STORED INFORMATION

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document grouping. Defendant may also de-duplicate "near-duplicate" email threads as follows:

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In an email thread, only the final-in-time document need be produced, assuming that all previous

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emails in the thread are contained within the final message. Where a prior email contains an

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attachment, that email and attachment shall not be removed as a "near-duplicate." To the extent

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that de-duplication through MD5 or SHA-1 hash values is not possible, the parties shall meet and

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confer to discuss any other proposed method of de-deduplication.

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6.

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The defendant agrees to produce documents in

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PRODUCTION FORMATS
native, El PDF or a combination thereof

file formats. The plaintiff agrees to produce documents in EIPDF format with unique bates

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numbers and appropriate confidentiality designations. If particular documents warrant a different

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

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

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document production process. The Parties agree that there is no obligation to recollect or

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reproduce any collections or productions.
ESI

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a)

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Electronically stored information ("ESI") should be produced as document level, Group

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IV, 300 DPI PDF's with the exception of source code, audio, video, and spreadsheet-type files,

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including, but not limited to, Microsoft Excel, CSV — which should be produced in native format.

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The parties agree that certain documents identified and collected as part of a targeted collection

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that originated as ESI may be produced without metadata but compliant with Section 6a. An .opt

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image cross-reference file should also be provided for all PDF's. To the extent that metadata does

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not exist, is not reasonably accessible or available for any documents produced or would be

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burdensome to provide, nothing in this Stipulation shall require any party to extract, capture,

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collect or produce such data.

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PDF's should show any and all text and images which would be visible to the reader using

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the native software that created the document. For example, PDF's of e-mail messages should

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include the BCC line, when present. PowerPoint documents should be processed with hidden

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slides and all speaker notes unhidden, and should be processed to show both the slide and the

MORGAN, LEWIS Er
BOCKIUS LLP
Arromes AT LAW
SAN FRANCACO

DB2/ 32295677.3

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Case No. 3:17-cv-05761-EMC
STIPULATION AND [PROPOSED] ORDER REGARDING DISCOVERY OF
ELECTRONICALLY STORED INFORMATION

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speaker's notes on the PDF. Color originals may be produced in B&W PDF format, but either

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party may subsequently request, by Bates number(s), a replacement set of images in color only to

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the extent that the requesting party demonstrates that the loss of the color detracts from the

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usability or reduces the ability to understand the information imparted in the original, however

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categorical or wholesale requests are deemed invalid.

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For each document, an extracted text file should be provided along with its corresponding

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PDF file(s). The file name of each extracted text file should be identical to that of the first image

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page of its corresponding document (i.e. first Bates number), followed by ".txt". The text of

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native files should be extracted directly from the native file. If extracted text is not available,

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OCR should be provided. However, if a document has been redacted, OCR of the redacted

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document will suffice in lieu of extracted text.
Native Files

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b)

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If a document is produced in native format, a single-page Bates-stamped PDF slip-sheet

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containing the confidential designation and text stating the document has been produced in native

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format should also be provided. If documents requested in native format require redactions, the

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parties should meet and confer regarding how to implement redactions while ensuring that proper

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formatting and usability are maintained. Each native file should be named according to the Bates

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number it has been assigned, and should be linked directly to its corresponding record in the load

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file using the NATIVELINK field. To the extent that either party believes that native files should

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be produced for a specific document or class of documents not required to be produced in native

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format pursuant to this paragraph or to the extent records do not easily conform to native or PDF

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format (i.e., structured data), the parties should meet and confer in good faith. The parties will

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provide certain metadata upon request.

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c) Production Media

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Documents shall be exchanged on DVD-ROMs, CD-ROMs, USB drives, portable hard

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drives or through secure file transfer protocols (e.g., FTP) or similar secure electronic

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transmission. The production media shall be labeled with the Bates Number range(s) of the

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materials, and where not practicable to do so, may be provided in an accompanying letter. Any

MORGAN, LEWIS &
ROCKIUS LLP
ATIORNE'eS AT LAW
SAN Famvasco

DB2/ 32295677.3

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Case No. 3:17-cv-05761-EMC
STIPULATION AND [PROPOSED] ORDER REGARDING DISCOVERY OF
ELECTRONICALLY STORED INFORMATION

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document production that may contain "non-public personal information" (as defined in the

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Gramm-Leach-Bliley Act) or "Confidential Health Information" (as defined in the Confidentiality

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Agreement that is protected under the Health Insurance Portability and Accountability Act of

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1996 ("HIPAA") Privacy Rule, 45 C.F.R., pts. 160 and 164, and/or other applicable state or

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federal law or regulation concerning confidential health information) shall be produced in

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encrypted form and the production media shall be labeled "MAY CONTAIN NON-PUBLIC

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PERSONAL INFORMATION" or "MAY CONTAIN CONFIDENTIAL HEALTH

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INFORMATION" as applicable. If a producing party encrypts or "locks" the production, the

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Producing Party shall send, under separate cover, an explanation of how to decrypt the files.

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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 that the production of ESI may be phased, and will meet and confer to prioritize the order of

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phased productions.

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8.

DOCUMENTS PROTECTED FROM DISCOVERY

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a)

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 or protection

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from discovery in this case or in any other federal or state proceeding. For example, the mere

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production of privileged or work-product-protected documents in this case as part of a mass

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production is not itself a waiver in this case or in any other federal or state proceeding.

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b)

Communications involving trial counsel that post-date the filing of the DFEH

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complaint need not be placed on a privilege log. Communications may be identified on a

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privilege log by category, rather than individually, if appropriate.

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9.

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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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MORGAN, LEWIS &
BOCKIUS LLP
ArromEys AT LAW
SAN FRANCISCO

DB2/ 32295677.3

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Case No. 3:17-cv-05761-EMC
STIPULATION AND [PROPOSED] ORDER REGARDING DISCOVERY OF
ELECTRONICALLY STORED INFORMATION

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Dated: January') \ ,2018

LAW OFFICES OF PHIL HOROWITZ

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By

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Phi1HOfOWitZ

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Christopher Banks
Attorneys for Plaintiff
RUBY ARRIAGA

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MORGAN, LEWIS & BOCKIUS LLP

Dated: January8,2018

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Robin Marie Lagorio
Attorneys for Defendant
ABB/CON-CISE OPTICAL GROUP LLC

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_____________________________________
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United States District
IT IS

Chen

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2/2/2018
DATED: ________________________

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

UNIT
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MORGAN, LEWIS &
BocK1USLLP
ATtORNEYS

AT LAW

SAN FRANCISCO

082/ 32295677.3

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Case No. 3: 17-cv-0576l-EMC
STIPULA nON AND [PROPOSED] ORDER REGARDING DISCOVERY OF
ELECTRONICALLY STORED INFORMA nON