Sponchiado et al v. Apple Inc.

Filing 52

ORDER by Judge Haywood S. Gilliam, Jr. Granting 50 Stipulation RE DISCOVERY PROCEEDINGS. (ndrS, COURT STAFF) (Filed on 5/6/2020)

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TIFFANY CHEUNG (CA SBN 211497)
[e-mail]
SABRINA LARSON (CA SBN 291661)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105
Telephone:
[phone]
Facsimile:
[phone]

C.K. Lee, Admitted Pro Hac Vice
Lee Litigation Group, PLLC
148 West 24th Street, Eighth Floor
New York, NY 10011
Tel.: [phone]
Fax: [phone]
Email: [e-mail]
David A. Makman, Esq. (SBN: 178195)
Law Offices of David Makman
483 Seaport Court, Suite 103
Redwood City, CA 94063
Tel: [phone]
Fax: [phone]
Email: [e-mail]

Attorneys for Defendant
APPLE INC.

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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CHRISTIAN SPONCHIADO and
COURTNEY DAVIS, on behalf of
themselves and all others similarly situated,
Plaintiffs,

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v.
APPLE INC.,
Defendant.

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ESI STIPULATION AND [PROPOSED] ORDER
CASE NO. 4:18-cv-07533-HSG
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Case No.

4:18-cv-07533-HSG

ESI STIPULATION AND
[PROPOSED] ORDER
Judge: Hon. Haywood S. Gilliam, Jr.
FAC Filed: April 24, 2019

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Plaintiffs Christian Sponchiado and Courtney Davis (“Plaintiffs”) and Defendant Apple
Inc. (“Defendant”) hereby agree that the following procedures shall govern discovery of
Electronically-Stored Information (“ESI”) in this case:
1.

Custodian names and search terms to be exchanged. The parties shall meet and

confer to reach agreement on a reasonable list of custodians for purposes of collection, review

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and production of electronically stored information. In connection with the meet and confer

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process, each party shall provide a proposed list of individual custodians who are knowledgeable

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about and were involved with the core issues or subjects in this case (e.g., the development,

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design and operation of the accused products, and sales, marketing and other damages-related
information for the accused products). The parties then shall meet and confer to reach agreement

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on document custodians and also shall meet and confer to reach agreement on search terms to be
used for electronic searches of the files from those custodians. ESI, including, but not limited to

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electronic files and email, shall be collected for each individual custodian from the personal

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computers, network resources, and other electronic devices that those individuals use for work

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purposes. Notwithstanding prior agreement on the search terms to be used for electronic

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searches, should a search produce an unreasonably large number of non-responsive or irrelevant
results, the parties shall (at the producing party’s request) meet and confer to discuss application
of further negative search restrictions (e.g., if a single search was for “card” and ninety percent of

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the resulting documents came from the irrelevant term “credit card,” a negative limitation to

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ignore documents only returned as a result of “credit card” may be applied to remove these

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documents). The party receiving production shall not unreasonably oppose such further

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restrictions designed to filter immaterial search results. The parties shall make good faith efforts

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to identify appropriate email custodians and produce email on the agreed upon schedule, but
reserve the right to seek email from additional email custodians identified through discovery.
ESI STIPULATION AND [PROPOSED] ORDER
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2.

Format for production of documents – documents existing in electronic

format. Except as otherwise provided for in this Stipulation, all documents existing in electronic
format shall be produced in multiple page, searchable PDF format at a resolution of at least 300
dpi in accordance with the following:
A.

PDF files shall be produced along with Concordance/Opticon image load

files that indicate the beginning and ending of each document.
B.

For documents which already exist in PDF format prior to production (i.e.,

which the producing party receives from a client or third party in PDF format), the producing
party may provide them in that same PDF format, whether searchable or non-searchable. For
documents converted to PDF format prior to production, the producing party shall make

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reasonable efforts to convert to searchable PDF.
C.

Metadata. Load files should include, where applicable, the information

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listed in the Table of Metadata Fields, attached as Exhibit A. However, the parties are not

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obligated to include metadata for any document that does not contain such metadata in the

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original, if it is not possible to automate the creation of metadata when the document is collected.

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The parties reserve their rights to object to any request for the creation of metadata for documents
that do not contain metadata in the original.
D.

Production media and encryption of productions. Unless otherwise

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agreed, the parties shall provide document productions in the following manner: The producing

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party shall provide the production data on CDs, DVDs, external hard drives or SFTP, as

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appropriate. The producing party shall encrypt the production data using WinRAR encryption,

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and the producing party shall forward the password to decrypt the production data separately

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from the CD, DVD, external drive or SFTP to which the production data is saved.

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ESI STIPULATION AND [PROPOSED] ORDER
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3.

Format for production of documents – hardcopy or paper documents. All

documents that are hardcopy or paper files shall be scanned and produced in the same manner as
documents existing in electronic format, above.
4.

Source code. This Stipulation does not govern the format for production of source

code of any type or kind. The parties will separately negotiate and submit a protective order
governing the production of source code, if necessary.
5.

Parent and child emails. The parties shall produce email attachments

sequentially after the parent email.
6.

Native files. The parties will meet and confer to discuss requests for the

production of files in native format, on a case-by-case basis. If the parties are unable to reach

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agreement with regard to requests for additional documents in native-file format, the parties
reserve the right to seek relief from the Court. Documents produced natively shall be represented

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in the set of imaged documents by a slipsheet indicating the production identification number and

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confidentiality designation for the native file that is being produced.

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7.

Databases. Certain types of databases are dynamic in nature and will often

contain information that is neither relevant nor reasonably calculated to lead to the discovery of
admissible evidence. Thus, a party may opt to produce relevant and responsive information from
databases in an alternate form, such as a report or data table. These reports or data tables will be
produced in a static format.
The parties agree to identify the specific databases, by name, that contain the relevant and
responsive information that parties produce.
8.

Requests for hi-resolution or color documents. The parties agree to respond to

reasonable and specific requests for the production of higher resolution or color images. Nothing
in this Stipulation shall preclude a producing party from objecting to such requests as
ESI STIPULATION AND [PROPOSED] ORDER
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unreasonable in number, timing or scope, provided that a producing party shall not object if the

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document as originally produced is illegible or difficult to read. The producing party shall have

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the option of responding by producing a native-file version of the document. If a dispute arises
with regard to requests for higher resolution or color images, the parties will meet and confer in
good faith to try to resolve it.
9.

Foreign language documents. All documents shall be produced in their original

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language. Where a requested document exists in a foreign language and the producing party also

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has an English-language version of that document that it prepared for non-litigation purposes

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prior to filing of the lawsuit, the producing party shall produce both the original document and all
English-language versions. In addition, if the producing party has a certified translation of a

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foreign-language document that is being produced, (whether or not the translation is prepared for
purposes of litigation) the producing party shall produce both the original document and the

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certified translation. Nothing in this agreement shall require a producing party to prepare a

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translation, certified or otherwise, for foreign language documents that are produced in discovery.

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10.

Document preservation. The parties have discussed and understand their

preservation obligations and needs and agree that preservation of potentially relevant ESI will be
reasonable and proportionate, and state as follows:
a)

The parties have begun discussing the types of ESI they believe should be

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preserved and the custodians, or general job titles or descriptions of custodians, for whom they

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believe ESI should be preserved. The parties will continue to meet and confer on these topics,

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and shall add or remove custodians as reasonably necessary;

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b)

The parties represent that they have exercised reasonable diligence to take steps to

preserve reasonably accessible ESI relating to the issues relevant to this action and distribute
document retention notices to custodians who are likely to have relevant documents;
ESI STIPULATION AND [PROPOSED] ORDER
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c)

Discovery is in its early stages and the parties have not yet encountered any

sources of ESI that should not be preserved due to burden, cost, or accessibility. The parties shall
promptly meet and confer during the pendency of this litigation if any issues arise regarding the
burden, cost, or accessibility of preserving, searching, reviewing, or producing ESI.

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ESI STIPULATION AND [PROPOSED] ORDER
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Dated: May 4, 2020

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TIFFANY CHEUNG
MORRISON & FOERSTER LLP

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By:

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/s/ Tiffany Cheung
TIFFANY CHEUNG
Attorneys for Defendant
APPLE INC.

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Dated: May 4, 2020

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C.K. LEE
LEE LITIGATION GROUP, PLLC
DAVID ALAN MAKMAN
THE LAW OFFICES OF DAVID A.
MAKMAN

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By:

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/s/ C.K. Lee
C.K. LEE
Attorneys for Plaintiffs CHRISTIAN
SPONCHIADO AND COURTNEY
DAVIS

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated:

_______________, 2020
5/6/2020

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_______________________________________
Honorable Haywood S. Gilliam, Jr.
United States District Court

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ESI STIPULATION AND [PROPOSED] ORDER
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EXHIBIT A

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TABLE OF METADATA FIELDS

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Field Name

Specifications
Field Name

Field Type

Description
(Email)

Description (EFiles/Attachments)

BegDoc

Unique ID
(Bates number)

Paragraph

The Document
ID number
associated with
the first page of
an email.

The Document ID
number associated
with the first page
of a document

EndDoc

Unique ID
(Bates number)

Paragraph

The Document
ID number
associated with
the last page of
an email.

The Document ID
number associated
with the last page
of a document.

BegAttach

Unique ID
(Bates number)
Parent-Child
Relationships

Paragraph

The Document
ID number
associated with
the first page of
a parent email.

The Document ID
number associated
with the first page
of a parent
document.

EndAttach

Unique ID
(Bates number)
Parent-Child
Relationship

Paragraph

The Document
ID number
associated with
the last page of
the last
attachment to a
parent email.

The Document ID
number associated
with the last page
of the last
attachment to a
parent document.

Pages

Pages

Number

The number of
pages for an
email.

The number of
pages for a
document.

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DateSent

Date
The date the
(MM/DD/YYYY email was sent.
format)

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For email
attachments, the
date the parent
email was sent.

Author

Author Display
Name (e-mail)

Paragraph

The display
name of the
author or
sender of an
email.

The name of the
author as identified
by the metadata of
the document.

To

Recipient

Paragraph

The display
name of the

The display name
of the recipient(s)

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recipient(s) of
an email.
CC

CC

Paragraph

The display
name of the
copyee(s) of a
email.

BCC

BCC

Paragraph

The display
name of the
blind copyee(s)
of an email.

Subject

Subject (e-mail)

Paragraph

The subject
line of an
email.

The subject of a
document from
entered metadata.

Custodian

Custodian

Paragraph

The custodian
of an email.

The custodian of a
document.

Other Custodian

Other Custodian

Individual(s)
whose
documents deduplicated out.

Individual(s) whose
documents deduplicated out.

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of a document (e.g.,
fax recipients).

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ESI STIPULATION AND [PROPOSED] ORDER
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