San Jose Options, Inc.-v-Ho Chung Yeh

Filing 77

STIPULATION AND ORDER re 76 STIPULATION WITH PROPOSED ORDER ("[Model] Stipulated Order Re: Discovery of Electronically Stored Information for Standard Litigation") filed by San Jose Options, Inc.. Signed by Magistrate Judge Kandis A. Westmore on 2/18/16. (sisS, COURT STAFF) (Filed on 2/18/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE OPTIONS, INC.
A California Corporation

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Plaintiff(s),

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vs.
HO CHUNG YEH,
An individual
a/k/a SEBASTIAN,
a/k/a/ MIKE,
d/b/a/ PAINTBARFACTORY,
d/b/a PAINTBARFACTORY.COM,
d/b/a PERSPICACATY
INTERNATIONAL CORP, a sole
proprietorship, and DOES 1 —10,
inclusive,
Defendant(s).

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CASE NO. C 14-00500 KAW
[MODEL] STIPULATED ORDER
RE: DISCOVERY OF
ELECTRONICALLY STORED
INFORMATION FOR STANDARD
LITIGATION

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

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3. LIAISON
The parties have identified liaisons to each other who are and will be

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knowledgeable about and responsible for discussing their respective ESI. Each

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e-discovery liaison will be, or have access to those who are, knowledgeable about

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the technical aspects of e-discovery, including the location, nature, accessibility,

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format, collection, search methodologies, and production of ESI in this matter.

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The parties will rely on the liaisons, as needed, to confer about ESI and to help

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resolve disputes without court intervention.

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4. PRESERVATION
The parties have discussed their preservation obligations and needs and

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agree that preservation of potentially relevant ESI will be reasonable and

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proportionate. To reduce the costs and burdens of preservation and to ensure

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proper ESI is preserved, the parties agree that:

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a) Only ESI created or received between 1/1/2009and 12/31/2014 will be
preserved, to the extent the ESI remains in the custody, control or
possession of the parties;
c) The parties will agree on the number of custodians per party for whom
ESI will be preserved;
d) These data sources are not reasonably accessible because of undue
burden or cost pursuant to Fed. R. Civ. P. 26(b)(2)(B) and ESI from
these sources will be preserved (to the extent they still exist) but not
searched, reviewed, or produced: systems or computers that are no
longer in use that cannot be accessed;
e) Among the sources of data the parties agree are not reasonably
accessible, the parties agree not to preserve the following: backup
media created before 1/1/2009, digital voicemail, instant messaging,
automatically saved versions of documents];
f) In addition to the agreements above, the parties agree data from these
sources (a) could contain relevant information but (b) under the
proportionality factors, should not be preserved: n.a., with caveat that
party responding to discovery request reserves all rights to assert any
objection per Fed. R. Civ. P. 26(b)(2) et seq.

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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,

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or earlier if appropriate, they will meet and confer about methods to search ESI in

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order to identify ESI that is subject to production in discovery and filter out ESI

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that is not subject to discovery.

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6. PRODUCTION FORMATS

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The parties agree to produce documents in ☒ PDF, ☒TIFF, ☒native and/or

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☒paper or a combination thereof (check all that apply)] file formats. If particular

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documents warrant a different format, the parties will cooperate to arrange for the

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mutually acceptable production of such documents. The parties agree not to

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degrade the searchability of documents as part of the document production

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process.

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7. PHASING

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

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the parties agree to phase the production of ESI and the initial production will be

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from the following sources and custodians: phased discovery unnecessary.

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Following the initial production, the parties will continue to prioritize the order of

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subsequent productions.

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8. DOCUMENTS PROTECTED FROM DISCOVERY
a) 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 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.

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b) The parties have agreed upon a “quick peek” process pursuant to Fed.
R. Civ. P. 26(b)(5) and reserve rights to assert privilege as follows:
parties may choose to “opt out” of “quick peek” process for certain
documents that responding party identifies via a privilege log.

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c) Communications involving trial counsel that post-date the filing of the

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complaint need not be placed on a privilege log. Communications may
be identified on a privilege log by category, rather than individually, if
appropriate.

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9. MODIFICATION
This Stipulated Order may be modified by a Stipulated Order of the parties
or by the Court for good cause shown.

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IT IS SO STIPULATED, through Counsel of Record.

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Date: February 12, 2016

BELVEDERE LEGAL PC

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By: _____/s/________________
MATTHEW D. METZGER

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MATTHEW D. METZGER (#240437)
Attorneys for Plaintiff San Jose Options, Inc.

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Date: February 17, 2016

QUINTANA LAW GROUP, APC

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By: _____/s/________________

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ANDRES F. QUINANA (#190525)
Attorneys for Defendant Ho Chung Yeh

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IT IS ORDERED that the forgoing Agreement is approved.

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Dated:

2/18/16

UNITED STATES DISTRICT/MAGISTRATE
JUDGE

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