Titan Global, LLC et al v. Organo Gold Int'l, Inc et al

Filing 67

ORDER by Judge Lucy H. Koh granting #63 Stipulation (lhklc4, COURT STAFF) (Filed on 1/9/2013)

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Brook B. Bond, SBN 144815
PARSONS BEHLE & LATIMER
960 Broadway Avenue, Suite 250
Boise, Idaho 83706
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant
OrGano Gold Int’l, Inc.

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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TITAN GLOBAL LLC, a Nevada Limited
Liability Company; MATHEW RASMUSSEN
and LISA RASMUSSEN, husband and wife,
residents of California,

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Case No. 5:12-CV-2104-LHK
Honorable Lucy H. Koh

Plaintiffs,
STIPULATED ORDER RE:
DISCOVERY OF ELECTRONICALLY
STORED INFORMATION

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v.

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ORGANO GOLD INT’L, INC., a Washington
corporation; HOLTON BUGGS JR. and JANE
DOE BUGGS, Texas residents; ROMACIO
FULCHER, a single man and a California resident;
RRAMON FULCHER SR. and TYRA
FULCHER, husband and wife, California
residents; KYLE A. SOLON, a single man and a
California resident; JOHN DOES AND JANE
DOES 1-25; JOHN DOES AND JANE DOES 2650; XYZ CORPORATIONS AND LLC’S 1-25;
and XYZ CORPORATIONS AND LLCS 1-25,

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Defendants.

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COME NOW the parties, by and through their respective undersigned counsel of record, in
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compliance with the Local Rules of this Court, and hereby agree to the entry of the following Stipulated
Order Re: Discovery of Electronically Stored Information.

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PARSONS BEHLE &
LATIMER
960 S. Broadway Ave.
Suite 250
Boise, ID 83706
O: [phone]
F: [phone]

STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION - 1

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1.

PURPOSE

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This Order will govern discovery of electronically stored information (“ESI”) in this case as a

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supplement to the Federal Rules of Civil Procedure, this Court’s Guidelines for the Discovery of

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Electronically Stored Information, and any other applicable orders and rules.

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2.

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COOPERATION
The parties are aware of the importance the Court places on cooperation and commit to cooperate in

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good faith throughout the matter consistent with this Court’s Guidelines for the Discovery of ESI.

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3.

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LIAISON
The parties have identified liaisons to each other who are and will be knowledgeable about and

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responsible for discussing their respective ESI. Each e-discovery liaison will be, or have access to those

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who are, knowledgeable about the technical aspects of e-discovery, including the location, nature,

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

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will rely on the liaisons, as needed, to confer about ESI and to help resolve disputes without court

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intervention.

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4.

PRESERVATION

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The parties have discussed their preservation obligations and needs and agree that preservation of

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potentially relevant ESI will be reasonable and proportionate. To reduce the costs and burdens of

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preservation and to ensure proper ESI is preserved, the parties agree that:

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a)

Only ESI created or received between January 1, 2008 and Final Disposition of this matter, as

defined in the Stipulated Protective Order entered in this case, will be preserved;
b)

The parties have agreed/will agree on the number of custodians per party for whom ESI will

be preserved;

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PARSONS BEHLE &
LATIMER
960 S. Broadway Ave.
Suite 250
Boise, ID 83706
O: [phone]
F: [phone]

STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION - 2

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c)

These data sources are not reasonably accessible because of undue burden or cost pursuant to

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FED. R. CIV. P. 26(b)(2)(B) and ESI from these sources will be preserved but not searched, reviewed, or

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produced: backup media systems in use by the parties prior to January 1, 2008, systems no longer in use

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that cannot be accessed, or any similar systems;

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d)

Among the sources of data the parties agree are not reasonably accessible, the parties agree

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not to preserve the following: digital voicemail, instant messaging, and automatically saved versions of

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documents;

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e)

In addition to the agreements above, the parties agree data from these sources (a) could

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contain relevant information but (b) under the proportionality factors, should not be preserved: social media

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material.

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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, or earlier if appropriate,

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they will meet and confer about methods to search ESI in order to identify ESI that is subject to production

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in discovery and filter out ESI that is not subject to discovery.

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6.

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PRODUCTION FORMATS
The parties agree to produce documents in

PDF,

TIFF,

native, and/or

paper, or a

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combination thereof (check all that apply), file formats. If particular documents warrant a different format,

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the parties will cooperate to arrange for the mutually acceptable production of such documents. The parties

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agree not to degrade the searchability of documents as part of the document production process.

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7.

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DOCUMENTS PROTECTED FROM DISCOVERY
a)

Pursuant to FED. R. EVID. 502(d), the production of a privileged or work-product-protected

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document, whether inadvertent or otherwise, is not a waiver of privilege or protection from discovery in this

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case or in any other federal or state proceeding. For example, the mere production of privileged or work-

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PARSONS BEHLE &
LATIMER
960 S. Broadway Ave.
Suite 250
Boise, ID 83706
O: [phone]
F: [phone]

STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION - 3

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product-protected documents in this case as part of a mass production is not itself a waiver in this case or in

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any other federal or state proceeding.

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b)

Communications involving trial counsel that post-date the filing of the complaint need not be

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placed on a privilege log. Communications may be identified on a privilege log by category, rather than

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individually, if appropriate.

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8.

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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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DATED THIS 8th day of January, 2013.

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LAW OFFICES OF DAVID G. EISENSTEIN, P.C.

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By /s/ David G. Eisenstein
David G. Eisenstein
Attorneys for Plaintiffs

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DATED THIS 8th day of January, 2013.
PARSONS BEHLE & LATIMER

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By /s/ Brook B. Bond
Brook B. Bond
Attorneys for Defendant
OrGano Gold Int’l, Inc.

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PARSONS BEHLE &
LATIMER
960 S. Broadway Ave.
Suite 250
Boise, ID 83706
O: [phone]
F: [phone]

STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION - 4

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DATED THIS 8th day of January, 2013.

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WEINTRAUB GENSHLEA CHEDIAK TOBIN &
TOBIN

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By /s/ Charles L. Post
Charles L. Post
James Kachmar
Attorneys for Defendants
Romacio Fulcher, Rramon Fulcher, Sr., Tyra
Fulcher, and Kyle A. Solon

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DATED THIS 8th day of January, 2013.
WELLMAN & WARREN LP

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By /s/ Anabella Q. Bonfa
Scott W. Wellman
Anabella Q. Bonfa
Attorneys for Defendants
Attorneys for Earlene and Holton Buggs, Jr.

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ORDER

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IT IS ORDERED that the forgoing Agreement is approved.

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DATED THIS ______ day of _______________, 2013.
January
9th

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Honorable Lucy H. Koh
United States District Judge

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PARSONS BEHLE &
LATIMER
960 S. Broadway Ave.
Suite 250
Boise, ID 83706
O: [phone]
F: [phone]

STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION - 5

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CERTIFICATE OF SERVICE

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I HEREBY CERTIFY that on the 8th day of January, 2013, I electronically filed the foregoing
document with the Clerk of the Court, using the CM/ECF system, which automatically sent email
notification of such filing to all counsel who have entered an appearance in this action.

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/s/ Brook B. Bond
Brook B. Bond

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4825-5928-1170.4

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PARSONS BEHLE &
LATIMER
960 S. Broadway Ave.
Suite 250
Boise, ID 83706
O: [phone]
F: [phone]

STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION - 6