Traxcell Technologies, LLC. v. Google LLC

Filing 71

ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION FOR PATENT LITIGATION. Signed by Judge Jacqueline Scott Corley on 11/16/2022. (ahm, COURT STAFF) (Filed on 11/16/2022) Modified on 11/16/2022 (ahm, COURT STAFF).

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Susan S.Q. Kalra (SBN: 167940)
[e-mail]
303 Twin Dolphin Drive, Suite 600
Redwood City, CA 94065
Tel: [phone]
Fax: [phone]
William Ramey
[e-mail]
Ramey & Schwaller, LLP
5020 Montrose Blvd., Suite 800
Houston, Texas 77006
Tel: [phone]
Fax: [phone]

Michael A. Berta (SBN: 194650)
[e-mail]
ARNOLD & PORTER KAYE SCHOLER LLP
Three Embarcadero Center
10th Floor
San Francisco, CA 94111-4024
Tel: [phone]
Nicholas H. Lee (SBN: 259588)
[e-mail]
ARNOLD & PORTER KAYE SCHOLER LLP
777 South Figueroa Street
44th Floor
Los Angeles, CA 90017-5844
Tel: [phone]

Attorneys for Plaintiff
Attorneys for Defendant

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(ADDITIONAL COUNSEL IN SIGNATURE
BLOCKS)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TRAXCELL TECHNOLOGIES LLC,
Plaintiff,

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vs.
GOOGLE LLC,

Case No.: 22-cv-04807-JSC
[STIPULATED] ORDER RE: DISCOVERY
OF ELECTRONICALLY STORED
INFORMATION FOR PATENT
LITIGATION

Defendant.

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[STIPULATED] ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION FOR PATENT LITIGATION

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Upon the stipulation of the parties, the Court ORDERS as follows:
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This Order supplements all other discovery rules and orders. It streamlines

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Electronically Stored Information (“ESI”) production to promote a “just, speedy, and inexpensive

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determination of this action, as required by Federal Rule of Civil Procedure 1.”

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2.

This Order may be modified in the Court’s discretion or by stipulation. The parties

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concurrently submit a proposed stipulated order regarding discovery of electronically stored

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information.

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3.

As in all cases, costs may be shifted for disproportionate ESI production requests

pursuant to Federal Rule of Civil Procedure 26. Likewise, a party’s nonresponsive or dilatory
discovery tactics are cost-shifting considerations.
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A party’s meaningful compliance with this Order and efforts to promote efficiency

and reduce costs will be considered in cost-shifting determinations.
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The parties agree to comply with the District’s E-Discovery Guidelines

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(“Guidelines”) and have employed the District’s Model Stipulated Order Re: the Discovery of

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Electronically Stored Information and Checklist for Rule 26(f) Meet and Confer regarding

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Electronically Stored Information.

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General ESI production requests under Federal Rules of Civil Procedure 34 and 45

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shall not include email or other forms of electronic correspondence (collectively “email”). To obtain

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email parties must propound specific email production requests.

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Email production requests shall only be propounded for specific issues, rather than

general discovery of a product or business.
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Email production requests shall be phased to occur after the parties have exchanged

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initial disclosures and basic documentation about the patents, the prior art, the accused

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instrumentalities, and the relevant finances. While this provision does not require the production of

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such information, the Court encourages prompt and early production of this information to promote

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efficient and economical streamlining of the case.

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[STIPULATED] ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION FOR PATENT LITIGATION

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9.

Email production requests shall identify the custodian, search terms, and time frame.

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The parties shall cooperate to identify the proper custodians, proper search terms and proper

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timeframe as set forth in the Guidelines.

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10.

Each requesting party shall limit its email production requests to a total of five

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custodians per producing party for all such requests. The parties may jointly agree to modify this

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limit without the Court’s leave. The Court shall consider contested requests for additional

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custodians, upon showing a distinct need based on the size, complexity, and issues of this specific

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case. Cost-shifting may be considered as part of any such request.

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11.

Each requesting party shall limit its email production requests to a total of five

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search terms per custodian per party. The parties may jointly agree to modify this limit without the

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Court’s leave. The Court shall consider contested requests for additional search terms per

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custodian, upon showing a distinct need based on the size, complexity, and issues of this specific

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case. The Court encourages the parties to confer on a process to test the efficacy of the search terms.

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The search terms shall be narrowly tailored to particular issues. Indiscriminate terms, such as the

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producing company’s name or its product name, are inappropriate unless combined with narrowing

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search criteria that sufficiently reduce the risk of overproduction. A conjunctive combination of

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multiple words or phrases (e.g., “computer” and “system”) narrows the search and shall count as a

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single search term. A disjunctive combination of multiple words or phrases (e.g., “computer” or

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“system”) broadens the search, and thus each word or phrase shall count as a separate search term

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unless they are variants of the same word. Use of narrowing search criteria (e.g., “and,” “but not,”

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“w/x”) is encouraged to limit the production and shall be considered when determining whether to

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shift costs for disproportionate discovery. Should a party serve email production requests with

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search terms beyond the limits agreed to by the parties or granted by the Court pursuant to this

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paragraph, this shall be considered in determining whether any party shall bear all reasonable costs

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caused by such additional discovery.

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[STIPULATED] ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION FOR PATENT LITIGATION

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12.

Nothing in this Order prevents the parties from agreeing to use technology assisted

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review and other techniques insofar as their use improves the efficacy of discovery. Such topics

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should be discussed pursuant to the District’s E-Discovery Guidelines.

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[STIPULATED] ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION FOR PATENT LITIGATION

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IT IS SO STIPULATED, through Counsel of Record.

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Dated: November 1, 2022

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/s/ William Ramey
Susan S.Q. Kalra (SBN: 167940)
[e-mail]
303 Twin Dolphin Drive, Suite 600
Redwood City, CA 94065
Tel: [phone]
Fax: [phone]
William Ramey
[e-mail]
Ramey & Schwaller, LLP
5020 Montrose Blvd., Suite 800
Houston, Texas 77006
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiff

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Dated: November 1, 2022

/s/ David A. Caine
Michael A. Berta (SBN:194650)
[e-mail]
ARNOLD & PORTER KAYE SCHOLER LLP
Three Embarcadero Center
10th Floor
San Francisco, CA 94111-4024
Tel: [phone]
Nicholas H. Lee (SBN: 259588)
[e-mail]
ARNOLD & PORTER KAYE SCHOLER LLP
777 South Figueroa Street
44th Floor
Los Angeles, CA 90017-5844
Tel: [phone]
David A. Caine (SBN: 218074)
Assad H. Rajani (SBN: 251143)
[e-mail]
[e-mail]
ARNOLD & PORTER KAYE SCHOLER LLP
3000 El Camino Real
Five Palo Alto Square, Suite 500
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[STIPULATED] ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION FOR PATENT LITIGATION

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Palo Alto, CA 94306
Tel: [phone]
Attorneys for Defendant

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[STIPULATED] ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION FOR PATENT LITIGATION

IT IS ORDERED that the foregoing Agreement is approved.

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UNITED STATES DISTRICT COURT JUDGE

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November 16, 2022

UNIT
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Dated:

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[STIPULATED] ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION FOR PATENT LITIGATION