Simon and Simon, PC v. Align Technology, Inc.

Filing 116

STIPULATION AND ORDER re #115 Proposed Order filed by Align Technology, Inc. Signed by Magistrate Judge Thomas S. Hixson on 9/7/2021. (rmm2S, COURT STAFF) (Filed on 9/7/2021)

Case 3:20-cv-03754-VC Document 116 Filed 09/07/21 Page 1 of 19

BERGER MONTAGUE PC
Eric L. Cramer (pro hac vice)
1818 Market Street, Suite 3600
Philadelphia, PA 19103
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
RADICE LAW FIRM, P.C.
John Radice (pro hac vice)
475 Wall Street
Princeton, NJ 08540
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
JOSEPH SAVERI LAW FIRM, INC.
Joseph R. Saveri (SBN. 130064)
Steven N. Williams (SBN. 175489)
601 California Street, Suite 1000
San Francisco, CA 94108
Telephone: [phone]
Fax: [phone])
Email: [e-mail]
[e-mail]
Counsel for Individual and Representative
Plaintiffs

PAUL HASTINGS LLP
Steven A. Marenberg (SBN. 101033)
James Pearl (SBN. 198481)
1999 Avenue of the Stars, Suite 2700
Los Angeles, CA 90067
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendant Align Technology,
Inc.
Additional counsel on Signature Page

FILED
Sep 07 2021

SUSANY. SOONG
CLERK, U.S. DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO

Additional counsel on Signature Page
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
SIMON AND SIMON, PC d/b/a CITY
SMILES and VIP DENTAL SPAS,
individually and on behalf of all others
similarly situated,
Plaintiffs,
v.

Case No.: 3:20-cv-03754-VC
[PROPOSED] STIPULATED ORDER
REGARDING DISCOVERY OF
ELECTRONICALLY STORED
INFORMATION

ALIGN TECHNOLOGY, INC.,
Defendant.

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[PROPOSED] STIPULATED ORDER REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION

Case 3:20-cv-03754-VC Document 116 Filed 09/07/21 Page 2 of 19

To facilitate consistency in the format of electronically stored information (“ESI”) to be
produced by the Parties in this case and to expedite the flow of discovery, Plaintiffs Simon And Simon,
PC d/b/a City Smiles and VIP Dental Spas (collectively, “Plaintiffs”) and Defendant Align Technology
Inc. (“Defendant,” collectively with Plaintiffs, the “Parties”), by and through their respective counsel,
hereby stipulate and agree to the terms of this Stipulated Order Regarding Protocol for the Production
of Documents and Electronically Stored Information (the “ESI Protocol” or “Protocol”).
The Parties shall make good-faith efforts to comply with and resolve any differences concerning
compliance with this ESI Protocol. Nothing herein is intended to alter the parties’ rights and obligations
under the Federal Rules of Civil Procedure and applicable law. The Parties specifically reserve all of
their rights and objections to any discovery that may be served upon them in this matter.
1. PURPOSE
1.1

This Order will govern discovery of ESI in the above-captioned case as a supplement to

the Federal Rules of Civil Procedure, this Court’s Guidelines for the Discovery of Electronically Stored
Information, and any other applicable orders and rules.
2. COOPERATION
2.1

The Parties are aware of the importance the Court places on cooperation and commit to

cooperate in good faith throughout the matter consistent with this Court’s Guidelines for the Discovery
of ESI.
3. LIAISON
3.1

The Parties will identify liaisons to each other who are and will be knowledgeable about

and responsible for discussing their respective ESI (“e-Discovery Liaisons”). 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, collection, search methodologies, and production of
ESI in this matter. The Parties will rely on the e-Discovery Liaisons, as needed, to confer about ESI and
to help resolve disputes without court intervention.

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4. PRESERVATION
4.1

The Parties have discussed their preservation obligations and needs, and agree that

potentially relevant ESI has been preserved, and will continue to be preserved, in a reasonable and
proportionate manner. To reduce the costs and burdens of preservation and to ensure proper ESI is
preserved during the litigation, the Parties agree that:
4.2

The Parties will meet and confer regarding appropriate custodians and non-custodial

data sources to be preserved and searched for responsive documents and the search methodologies to be
applied thereto. The Parties will discuss reasonable limits to be placed on custodians, non-custodial
data sources, and search terms that are proportional to the needs of the case and take into consideration
the asymmetrical burden of discovery.
4.3

The Parties will meet and confer about sources of potentially relevant ESI that are not

reasonably accessible because of undue burden or cost pursuant to Fed. R. Civ. P. 26(b)(2)(B). The
following sources of data may not be reasonably accessible and do not need to be preserved, searched,
reviewed, or produced:
a. Backup media, backup tapes, or other long-term storage media that were created as a
data back-up or disaster recovery medium;
b. Automatically saved versions of documents and temporary data stored in random
access memory (RAM), or other ephemeral data that are difficult to preserve without
disabling the operating system;
c. Data only accessible by advanced forensic analysis, including deleted, slack, or
fragmented data;
d. Temporary Internet files, history, cache, and cookies;
e. Digital voicemail messages;
f. Data in metadata fields that are frequently updated automatically, such as last
opened dates;
g. Instant messages that are not ordinarily printed or maintained in a server dedicated to
instant messaging;

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h. Electronic mail or pin-to-pin messages sent to or from mobile devices (e.g., iPhone
and Blackberry devices), provided that a copy of such mail is routinely saved
elsewhere;
i.

Other electronic data stored on a mobile device, such as calendar or contact data or
notes, provided that a copy of such information is routinely saved elsewhere;

j.

Logs of communications made from mobile devices;

k. Server, system, or network logs;
l.

Electronic data temporarily stored by laboratory equipment or attached electronic
equipment, provided that such data is not ordinarily preserved as part of a laboratory
report; and

m. Data remaining from systems no longer in use that is unintelligible on the systems in
use.
Each party reserves the right to identify additional categories of data that are not
reasonably accessible as the litigation progresses.
4.4

To help contain costs, the parties shall not be obligated under this ESI Protocol to

produce or preserve ESI that was deleted or lost as a result of routine, good-faith operations prior to the
date upon which the duty to preserve ESI and documents in connection with this litigation arose. If a
Producing Party learns that responsive ESI that existed as of the date upon which the duty to preserve
ESI arose (1) was lost, destroyed, or is no longer retrievable, and (2) cannot be restored or replaced
through additional discovery, the Producing Party shall promptly advise the Receiving Party. Nothing
in this agreement alters the Producing Party’s obligations to demonstrate the unavailability of such
information pursuant to Federal Rules of Civil Procedure 26(b)(2)(B).
5. PRODUCTION FORMATS
5.1

The Parties agree to produce responsive, non-privileged documents as set forth in

Exhibit A. If particular documents require a different format, the parties will meet and confer to arrange
for the mutually acceptable production of such documents.
5.2

De-duplication, threading, and de-NISTing. A producing party shall de-duplicate

documents horizontally (globally) across the population of records. In de-duplicating horizontally: (a)
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an email that includes content in the BCC or other blind copy field shall not be treated as a duplicate
of an email that does not include content in the BCC or other blind copy field, even if all remaining
content in the email is identical; and (b) all Custodians who were in possession of a de-duplicated
document, the directory structure where the Custodian stored the de-duplicated document, and all
other sources of the document must be identified in the “Custodian – All / All Files Paths” metadata
field specified in Exhibit A. The Parties further agree that each Producing Party may reduce
duplication of documents through the threading of email strings, which threading operations should
not prohibit the production of attachments appearing in any earlier version of an email thread. The
parties further agree that they may de-NIST ESI using the current list of system files maintained by
the National Software Reference Library. The Parties will maintain all de-duplicated files, deNISTed ESI, and earlier “threaded” versions of email strings.
5.3

Redactions. In the event a document is redacted, the full text should be replaced with

OCR text that excludes the redacted material. When a TIFF image is redacted, the TIFF image should
show the word “redacted” where applicable and a production Load File field should be populated to
indicate the document contains a redaction. If a document to be produced in native format requires
redaction then it should be produced in redacted native format. The native file should show the word
“redacted” where applicable and a production Load File field should be populated to indicate the native
file contains a redaction.
5.4

Structured data. Where a discovery request requires production of structured data (e.g.,

data from an SAP database), in lieu of producing in accordance with Exhibit A, the producing party
may identify such potentially relevant structured data sources within a reasonable period after receiving
the discovery request where production in accordance with Exhibit A is not feasible or practicable, and
the requesting party and producing party, as appropriate, shall meet and confer on the content and
format of data extraction from such structured data source(s).
5.5

Processing issues. If a member of a document family that has otherwise been determined

to be responsive cannot technically be processed (e.g., unsupported file format, file corruption,
inaccessible password-protected document), those technical problems shall be identified and disclosed
to the Requesting Party by production of a Bates-labeled slipsheet that states “Technical issue—file

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cannot be processed.” A Requesting Party may thereafter raise with the Producing Party any questions
or concerns, and the parties shall meet and confer about the issue and any additional information
regarding “Technical issue” documents that the Receiving Party may want. Both Parties will conduct
reasonable efforts to resolve any technical issues associated with documents prior to production.
5.6

Attachments: Email attachments and embedded files must be mapped to their parent

document by the Bates number by including a “Beg Attach” field designating the beginning of each
such attachment and “End Attach” field designating the end of each such attachment. If attachments
and embedded files cannot be separated from their parent documents, then “Beg Attach” and “End
Attach” fields listing the unique beginning and ending Bates number for each attachment or embedded
document must be included. Non-substantive automatically-generated embedded files, such as logos,
embedded, non-substantive formatting files such as .ole or .dll formats, or confidentiality legends need
not be produced. To the extent they are maintained together, all documents in a document family shall
be consecutively Bates number stamped with the child documents produced immediately after the
parent document. Where an electronic document that is part of a family is withheld, and its relationship
to the rest of that document family is indicated using slipsheets, the Producing Party shall provide one
Bates-numbered slipsheet for each withheld document. For example, if a Party withholds an email as
privileged while producing the attachment, the parent-child relationship may be maintained by using
slip sheets containing unique Bates numbers and the grounds for withholding of the email will be
similarly stated.
5.7

Embedded Documents: Embedded documents (e.g., a spread sheet embedded within a

word processing document) will be extracted, produced as an independent document, and related back
to the respective top-level parent document (e.g., standalone file, email message, tec.) via the “Beg
Attach” and “End Attach” fields referenced in Exhibit A. Related embedded documents will be
produced within a continuous Bates number range.
5.8

Redactions. Documents should only be redacted to protect privileged information, PII

and PHI, and as required by reasonably applicable law or statute. To the extent that a responsive
document contains any of the foregoing as well as information not so protected, the Producing Party
must produce that document in redacted form. In the event a document is redacted, the full text should
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be replaced with OCR text that excludes the redacted material. When a TIFF image is redacted, the
TIFF image should show the word “redacted” where applicable and a production Load File field should
be populated to indicate the document contains a redaction. If a document to be produced in native
format requires redaction then it should be produced in redacted native format. The native file should
show the word “redacted” where applicable and a production Load File field should be populated to
indicate the native file contains a redaction. The Parties acknowledge that redacting the native may alter
the metadata of the produced file; however, the metadata produced subject to Exhibit A will be the
metadata extracted from the original native file, other than metadata containing redacted information.
All documents withheld, in whole or in part (i.e., redacted), on the basis of any claim or privilege or
applicable law or statute must be logged as set forth below.
6. SEARCH TERMS
6.1

Search terms and methods. The parties hereby agree that negotiations regarding

search terms and other filtering methods are intended to be a cooperative and iterative process. Prior
to conducting a search for responsive documents, regardless of the search methodologies to be
employed, the parties shall meet and confer regarding the search methodologies the producing party
proposes to employ to identify potentially responsive documents, and make such disclosures
regarding their proposed search methodology that will permit the requesting party to evaluate the
proposed methodology and enable meaningful meet and confers. To the extent that a producing party
asserts that any of the search terms proposed by a requesting party, within a limit agreed to in good
faith, are unreasonably overbroad or otherwise objectionable, and to enable meaningful meet and
confer discussion, the producing party will produce hit reports
6.2

Custodial and non-custodial sources. The Parties met and conferred regarding

potential custodians and non-custodial sources they believe should be preserved. The parties will
agree on a reasonable number of custodians per party for whom ESI shall be preserved.
7. INADVERTENT PRODUCTION
7.1

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

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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.
7.2

If a Producing Party gives notice to Receiving Parties that it inadvertently produced

documents, testimony, information, and/or things that are protected from disclosure under the attorneyclient privilege, work product doctrine, and/or any other reasonably applicable privilege or immunity
from disclosure (i.e., clawback), or the Receiving Party discovers such inadvertent production, the
inadvertent production shall not be deemed a waiver of the applicable privilege or protection. Except to
the extent necessary for the purpose of privilege challenge, the Receiving Party shall promptly return
all copies of such documents, testimony, information and/or things to the inadvertently Producing Party
and shall not use such items for any purpose except for the purpose of privilege challenge until further
order of the Court. If the Receiving Party does not challenge the designation, such return must occur
within ten (10) business days of receipt of notice or discovery of the inadvertent production. Any
documents, testimony, information, and/or things subject to a clawback request by a Producing Party,
but which are being retained by the Receiving Party for purposes of a challenge to the privilege
designation must be maintained on an Outside Attorneys’ Eyes Only basis for the duration of the
challenge.
8. PRIVILEGE LOGS
8.1

Privilege logs shall be provided in Excel format and shall contain at least the following

information for each responsive document withheld or redacted: (i) a sequential number associated with
each privilege log record; (ii) the date of the document; (iii) the Bates numbers; (iv) the identity of
persons who sent (and, if different, the identity of all persons who authored or signed) the document
and the addressees, recipients, copyees, and blind copyees (with senders, signers, authors,
addressees/recipients, copyees, and blind copyees, each separately identified by those categories), and
identification of which of them are attorneys; (v) a description of the subject matter of the information
contained in the document that, without revealing information itself privileged or protected, is
sufficient to understand the subject matter of the document and the basis of the claim of privilege or
immunity; (vi) the type or nature of the privilege asserted (i.e., attorney-client privilege or work
product doctrine, and if such other privilege or immunity is asserted it shall be separately identified);
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and (vii) an indication of whether the document has been redacted and produced or withheld in its
entirety. If a producing party identifies portions of a document and redacts such portions of the
document pursuant to this ESI Protocol, the producing party must log the fact of each document’s
redaction. A party asserting privilege over a chain of emails must assert privilege separately on the
privilege log as to each portion of the email chain. The producing party shall also produce a key
showing the job title(s) for all attorneys identified on that producing party’s privilege log.
8.2

As an alternative to manually entering the information required in the section above,

each producing party’s privilege log may be generated by exporting objective metadata from the review
tool used to identify privileged or work-product protected documents where the information within the
review tool and the objective metadata provides the information required under the section above.
8.3

Should a receiving party be unable to ascertain whether or not a document contained on

the log is privileged or have reason to believe a particular entry on the log is responsive and does not
reflect privileged information, the parties shall meet and confer to attempt to cooperatively resolve the
dispute. The producing party shall provide reasonable additional information for the receiving party to
determine if the document has been properly withheld or redacted, but in no event is required to
disclose information that may invade the identified privilege or reveal privileged information.
8.4

Communications involving Litigation Counsel and the parties need not be placed on a

privilege log.1 Communications or documents post-dating the commencement of this case on March
14, 2019 need not be placed on a privilege log.
8.5

The producing party may request to log privilege as to an entire category of documents

as a single combined entry, but such a request must be made at least twenty-one (21) days prior to the
due date for the privilege log. The parties shall meet and confer promptly to discuss that request in
good faith. The receiving party has the right to reject such a request and require individualized logging
of the documents, but such rejection may not be unreasonably made. Such a log shall be due on the date
specified in the operative schedule ordered by the Court.
As used herein, “Litigation Counsel” specifically includes outside litigation counsel and outside trial
counsel for the Parties in this case, and any such attorneys that Align retained for, or consulted with
relating to 3Shape Trios A/S v. Align Tech., Inc., U.S.D.C. D. Del. Case No. 18-1332-LPS, or any other
antitrust or patent litigation involving Align and 3Shape.

1

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9. MODIFICATION
9.1

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: September 7, 2021

Respectfully Submitted,
By:
Joseph R. Saveri (SBN 130064)
Steven N. Williams (SBN 175489)
Kevin E. Rayhill (SBN 267496)
Keydon Levy (SBN. 281372)
JOSEPH SAVERI LAW FIRM, INC.
601 California Street, Suite 1000
San Francisco, California 94108
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Eric L. Cramer (pro hac vice)
Joshua T. Ripley (pro hac vice)
BERGER MONTAGUE PC
1818 Market Street, Suite 3600
Philadelphia, PA 19103
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Daniel J. Walker (pro hac vice)
BERGER MONTAGUE PC
2001 Pennsylvania Avenue, NW, Suite 300
Washington, DC 20006
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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John Radice (pro hac vice)
April Lambert (pro hac vice)
Daniel Rubenstein (pro hac vice)
RADICE LAW FIRM, P.C.
475 Wall Street
Princeton, New Jersey 08540
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Daniel J. Mogin (SBN 95624)
Jennifer M. Oliver (SBN 311196)
Timothy Z. LaComb (SBN 314244)
MOGINRUBIN LLP
600 West Broadway, Suite 3300
San Diego, CA 92101
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
[e-mail]
Gary M. Klinger (pro hac vice)
MASON LIETZ & KLINGER, LLP
227 W. Monroe Street, Suite 2100
Chicago, IL 60630
Telephone: [phone]
Facsimile: [phone]
[e-mail]
David K. Lietz (pro hac vice)
MASON LIETZ & KLINGER, LLP
5101 Wisconsin Ave., NW, Ste. 305
Washington, DC 20016
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Kevin Landau (pro hac vice)
TAUS, CEBULASH & LANDAU, LLP
80 Maiden Lane, Suite 1204
New York, New York 10038
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Counsel for Individual and Representative Plaintiffs
Dated: September 7, 2021

By:
___________________________________
Steven Arthur Marenberg (SBN. 101033)
James Pearl (SBN. 198481)
PAUL HASTINGS LLP
1999 Avenue of the Stars, Suite 2700
Los Angeles, CA 90067
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]

Thomas A. Counts (SBN. 148051)
Abigail Heather Wald (SBN.309110)
PAUL HASTINGS LLP
101 California Street, 48th Floor
San Francisco, CA 94111
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
Adam M. Reich (SBN. 274235)
Michael Whalen (pro hac vice)
PAUL HASTINGS LLP
71 S. Wacker Drive, 45th Floor
Chicago, IL 60606
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Noah Pinegar (pro hac vice)
PAUL HASTINGS LLP
2050 M Street, NW
Washington, DC 20036
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Defendant Align Technology, Inc.

IT IS ORDERED that the forgoing Agreement is approved.
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Dated:

9/7/2021
UNITED STATES DISTRICT/MAGISTRATE JUDGE

THOMAS S. HIXSON

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Exhibit A: Specifications for the Production of Documents
A.

Cover Letter and Delivery Media

Each production shall include a cover letter or cover email with information sufficient to: (i) identify all
accompanying delivery media; (ii) identify the production on such media by assigning a Volume ID;
and (iii) include the Bates range for the documents produced in each volume. Delivery media shall
comply with the specifications below.
Requirement:
Delivery Media:
Encryption:

USB hard drive, DVD and/ or CD-R (ISO9660 format) or a secure FTP site
All media should be encrypted

Volume ID:

CD set number, e.g. VOL1

Physical Media Label:

TOP: <production name, volume number>
MIDDLE: <Bates range>
BOTTOM: <date>

Number of Copies:

1

B.
Item:

Deliverable Includes
Requirement:

a) Load File
(Metadata file) Concordance (.dat)
b) Image File
c) Images

Opticon (.opt)
Group IV TIFF, 300 DPI, single-page TIFF images
Color documents should be produced in JPEG format
All black/white images must be in 1-bit TIFF images and color documents must be
in 24-bit JPEG files
All documents referenced in a production image load file shall have all
corresponding images, text, and data
All images in the delivery volume shall be contained in the image load file
The image key shall be named the same as the Bates number of the page
Every image will contain a unique Bates number, and a prefix that identifies the
party producing the document
The Bates numbers shall be sequential, and in a consistent font type, size, and
spacing.
Image file names cannot contain spaces, (e.g., the correct format would be
AB00000001 not AB 00000001).
If a Bates number or set of Bates numbers is skipped in a production, the producing
party will so note in a cover letter or production log accompanying the production.

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Item:

Requirement:

d) Text Files

Extracted text of a document must be delivered on a document level
A text file will be provided for every document
For any document without extracted text or OCR, a text placeholder file will be
inserted
All text for a single document should be contained within one file with subfolders
OCR shall be performed:
o For all redacted images
o For all non-searchable electronic documents (including scanned hard copy
documents) for which the text cannot be extracted.
o Branding and endorsement shall be performed after OCR in the format agreed
to by the parties.
All text files should be named after the beginning Bates number of the document
(ProdBatesBeg.txt)

e) Native Files

Native file format for:
o Spreadsheets (e.g., MS Excel, Lotus 123, etc.)
o Presentations (e.g., MS PowerPoint, etc.)
o Database (e.g., MS Access, QuickBooks, etc.)
o Drawing (e.g., Visio, CAD, etc.)
o Audio and Video (e.g., QuickTime Movie, Windows Media Video Voicemails)
All Native files should be named after the beginning Bates number of the
document (BEGDOC.xls).
Documents produce in native format should be produced with a single page TIFF
placeholder endorsed the Prod Beg Bates and the following language on the
placeholder: “Document produced in native format.”

f) Exception
Handling
g) Display
Hidden Text
h) Maintain Date
and Time

C.

Documents produced in native format should have a file path value for the native
file in the “Native Link” metadata field.
A single-page TIFF placeholder should be used for each document within a family that
was not converted and endorsed with the Prod Bates Beg.
Maintain and display hidden text (i.e., force on all hidden data). For example, track
changes in MS Word, speaker notes in MS PowerPoint, and hidden rows in MS Excel.
Maintains the date/time of the document as it was last saved, edited, etc., not the date of
collection or processing (I.e., force off auto data).

Directory Structure

The directory structure will contain the following main folders: DATA, NATIVE, TEXT, and IMAGES.
Ex: Vol1\ NATIVE\000X\

DAT File Location

Requirement:
In subfolder: \DATA

OPT File Location

In subfolder: \DATA

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[PROPOSED] STIPULATED ORDER REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION

Case 3:20-cv-03754-VC Document 116 Filed 09/07/21 Page 16 of 19

Requirement:
Images

In subfolder: \IMAGES
In sequentially numbered subfolders containing approximately 1000 images
each (i.e. ..\Images\001 )

Text Files

In subfolder: \TEXT

Native Files

In subfolder. i.e. \NATIVE

D.

Delimiters
Requirement

Field Separator
Field Values
Multi-value
Newline

ASCII Code 20 ( )

Separates load file columns

ASCII Code 254 (þ)

Marks the beginning and end of each load file field (also
known as a text qualifier)

ASCII Code 059 (;)

Separates distinct values in a column. This delimiter is only
used when importing into a Relativity multi-choice field

ASCII 174 Code (®)

Marks the end of a line in any extracted or long text field
If a Field has no value, leave blank

Null Fields

E.

Metadata

Field Name

Field Description

Format

File Type

Hard Copy

AttachCount

Number of attachment(s)

NUMERICAL

Populated for
only.

Populated

Author

Original composer of document.

TEXT

Confidentiality Confidential status of document.

TEXT

Email thread created by the email
system. This is a 44-character
string of numbers and letters that
is created in the initial email and
has 10 characters added for each
reply or forward of an email.

TEXT

Populated for
messages only.

TEXT

Populated for
messages,
attachments and
loose files.

Conversation
ID

Custodian or
Source

Name of custodian who possessed
the document.

Populated
attachments and
loose files.
Populated for
messages,
attachments and
loose files.

Populated

Populated

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Case 3:20-cv-03754-VC Document 116 Filed 09/07/21 Page 17 of 19

Field Name
Custodian –
All / All File
Paths

Field Description
Name of all custodians who
possessed the document and all
other sources where the document
was found.

Format
TEXT

Date Created

Date from the date created
property extracted from the
original file or email message.

Date Last
Modified

Date from the modified property
of a document, representing the
date and time that changes to the
document were last saved.

Date Received

Date that the email message was
received (according to original
time zones).

Date Sent

Date that the email message was
sent (according to original time
zones).

DocType

Populated with: Email,
Attachment, eDocPaper

TEXT

Email BCC

Recipients of 'blind carbon copies'
of the email message.

TEXT

Email CC

Recipients of 'carbon copies' of the
TEXT
email message.

Email From

Originator of the email message.

TEXT

Email Subject

Subject of the email message.

TEXT

Email To

File Extension

List of recipients or addressees of
the email message.
Three (or more) character
extension of the document that
represents the file type to the
Windows Operating System.
Examples are PDF, DOC, or
DOCX. The file extension is
identified by the file header vs. the
file extension of the file name
itself.

DATE
(MM-DD-YYYY)

DATE
(MM-DD-YYYY)

DATE
(MM-DD-YYYY)

DATE
(MM-DD-YYYY)

TEXT

TEXT

File Type
Populated for
messages,
attachments and
loose files.

Hard Copy
Populated

Populated for
attachments and
loose files.
Populated for
attachments and
loose files.
Populated for
messages.
Attachments will
inherit from the
parent message.
Populated for
messages.
Attachments will
inherit from the
parent message.
Populated for
messages,
attachments and
loose files.
Populated for
messages only.

Populated

Populated for
messages only.
Populated for
messages only.
Populated for
messages only.
Populated for
messages only.

Populated for
messages,
attachments, and
loose files.

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Field Name

Field Description

Format

File Name

Original name of the file.

TEXT

File Size

File size in kilobytes of native
document.

DECIMAL

MD5 Hash
Value

Identifying value of an electronic
record that can be used for
deduplication and authentication
generated using the MD5 hash
algorithm

TEXT

File Type
Populated for
messages,
attachments, and
loose files.
Populated for
messages,
attachments, and
loose files.

Hard Copy

Populated for
messages,
attachments and
loose files.
Populated for
messages,
attachments and
loose files.
Populated for
messages,
attachments and
loose files.
Populated for
messages and
attachments.
Populated for
messages,
attachments and
loose files.
Populated for
messages and
attachments.
Populated for
messages,
attachments and
loose files.

Original
Folder Path

Original folder path of file or
folder name for paper documents.

TEXT

Prod Bates
Beg

Beginning Bates number, or
production number, on first page
of document.

TEXT

Prod Bates
Beg Attach

First Bates number in family
group.

TEXT

Prod Bates
End

Bates number, or production
number, on last page of document.

TEXT

Prod Bates
End Attach

Last Bates number in family
group.

TEXT

Redactions

Redaction status of document.

TEXT

Time Created

Time from the Date Created
property extracted from the
original file or email message.

TEXT
(hh:mm:ss)

Populated for
attachments and
loose files.

Time Last
Modified

Time from the Modified property
of a document, representing the
date and time that changes to the
document were last saved.

TEXT
(hh:mm:ss)

Populated for
attachments and
loose files.

Time that the email message was
Time Received received (according to original
time zones).

TEXT
(hh:mm:ss)

Populated for
messages.
Attachments will

Populated

Populated

Populated

Populated

Populated

Populated

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Field Name

Field Description

Format

Time Sent

Time that the email message was
sent (according to original time
zones).

TEXT
(hh:mm:ss)

Title

Title information saved in
metadata with document.

TEXT

File Type
inherit from the
parent message.

Hard Copy

Populated for
messages.
Attachments will
inherit from the
parent message.
Populated for
attachments and
loose files.

Link to Native File.
Native Link

Text Link

Native files should be named the
same as the beg doc and delivered
in the same folder as the images
(e.g., ABC0000001.xls).
Link to Text Files.
Text files should be named the
same as the beg doc and delivered
in the same folder as the images
(e.g., ABC0000001.txt).

TEXT

Populated for
attachments and
loose files.

TEXT

Populated for
attachments and
loose files.

Populated

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