Gotham City Online, LLC v. Art.com, Inc.

Filing 66

ORDER GRANTING 65 STIPULATION Regarding Preservation, Review and Production of Certain Electronically Stored Information. Signed by Judge Jeffrey S. White on 4/25/14. (jjoS, COURT STAFF) (Filed on 4/25/2014)

Case4:14-cv-00991-JSW Document65 Filed04/24/14 Page1 of 5

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JAMES M. WAGSTAFFE (95535)
Email: [e-mail]
IVO LABAR (203492)
Email: [e-mail]
ADRIAN J. SAWYER (203712)
Email: [e-mail]
KERR & WAGSTAFFE LLP
100 Spear Street, 18th Floor
San Francisco, CA 94105–1528
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiff
GOTHAM CITY ONLINE, LLC

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QUINN EMANUEL URQUHART & SULLIVAN, LLP
Claude M. Stern (96737)
Email: [e-mail]
Evette D. Pennypacker (203515)
Email: [e-mail]
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, California 94065-2139
Telephone: [phone]
Facsimile: [phone]
Meagan Bellshaw (257875)
Email: [e-mail]
Rebecca Bers (287111)
Email: [e-mail]
50 California Street, 22nd Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
ART.COM, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GOTHAM CITY ONLINE, LLC, a Delaware
limited liability company,
Plaintiff,

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v.

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Case No. 3:14-cv-00991-JSW
STIPULATION AND [PROPOSED]
ORDER REGARDING
PRESERVATION, REVIEW AND
PRODUCTION OF CERTAIN
ELECTRONICALLY STORED
INFORMATION

ART.COM, INC., a Delaware corporation, and
Does 1-50,

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Defendant.

Case No. 3:14-cv-00991-JSW

STIPULATION AND [PROPOSED] ORDER

Case4:14-cv-00991-JSW Document65 Filed04/24/14 Page2 of 5

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WHEREAS, this Court ruled on March 26, 2014 that certain Electronically Stored

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Information (ESI) currently maintained by Evolve Discovery should not be accessed by Evolve

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Discovery or any other party pending further order of the Court;

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WHEREAS, subject to the approval of the Court, the Parties have agreed to a protocol for

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determining whether the ESI contains privileged, confidential, proprietary or personal

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information of either party and for the return of such information to the proper party;

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WHEREAS, nothing in this ESI protocol or the Parties’ stipulation, including but not

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limited to Evolve’s or any other mutually agreed-to third party vendor’s continued possession of

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ESI, shall be considered a waiver of any claim to privilege, confidentiality, ownership or privacy

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of any ESI;
WHEREAS, this ESI protocol is intended by the Parties to be a first effort at resolving

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any issues regarding the character and/ownership of the data or materials in the ESI held by

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Evolve, and nothing in this ESI protocol or stipulation is intended or shall be construed to

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prevent additional procedures or protocols from being adopted by the Parties or ordered by the

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Court should either of the Parties hereto determine or believe that the procedure described in this

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stipulation be inadequate for any purpose.

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NOW THEREFORE, the Parties stipulate as follows:

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1.

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Evolve Discovery, or another third party vendor as mutually-agreed upon by the
Parties, shall produce an index of the ESI;

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The index shall be limited to the following identifying information:

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a.

Name

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b.

File extension

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c.

Description

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d.

Date Created

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e.

Date Last Accessed

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f.

Date Last written

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g.

Logical size

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h.

File Identifier
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Case No. 3:14-cv-00991-JSW

STIPULATION AND [PROPOSED] ORDER

Case4:14-cv-00991-JSW Document65 Filed04/24/14 Page3 of 5

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i.

Hash Value

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j.

Full Path

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3.

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privileged, confidential, proprietary or personal ESI;
4.

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The Parties shall jointly review the index. The Parties shall identify any claimed

The Parties shall meet and confer in an effort to agree on the return of the ESI to
the proper party;

5.

If the Parties are unable to agree to the return of the ESI (or any of it), Evolve or

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any other third party vendor the Parties agree to shall maintain the ESI for which

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return is unresolved, neither party (or its attorneys) shall have any access to such

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ESI pending resolution of how and to whom the ESI is to be returned, and the

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return of any such ESI shall be decided by the arbitrator(s) in the pending

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proceeding captioned as: Art.com v. Garriss, Topkins, and Hersh, and Gotham

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City Online, AAA Case No. 74 523 Y 120 14 AMCH;

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6.

Costs for administering the index shall be borne equally by the Parties.

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DATED: April 24, 2014

KERR & WAGSTAFFE LLP

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By /s/
IVO LABAR

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Attorneys for Plaintiff
GOTHAM CITY ONLINE, LLC

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DATED: April 24, 2014

QUINN EMANUEL URQUHART &
SULLIVAN, LLP

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By /s/
CLAUDE M. STERN
EVETTE D. PENNYPACKER

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Attorneys for Defendant
ART.COM, INC.

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Case No. 3:14-cv-00991-JSW

STIPULATION AND [PROPOSED] ORDER

Case4:14-cv-00991-JSW Document65 Filed04/24/14 Page4 of 5

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[PROPOSED] ORDER
Pursuant to the Parties’ stipulation, it is hereby ordered that:

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IT IS SO ORDERED.

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Dated: __________________________
April 25, 2014

________________________________
Honorable Jeffrey S. White

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Case No. 3:14-cv-00991-JSW

STIPULATION AND [PROPOSED] ORDER