Campbell et al v. Facebook Inc.

Filing 74

STIPULATION AND ORDER REGARDING ELECTRONIC DISCOVERY by Hon. Phyllis J. Hamilton granting 72 Stipulation.(napS, COURT STAFF) (Filed on 4/15/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MATTHEW CAMPBELL, MICHAEL
HURLEY, and DAVID SHADPOUR, on
behalf of themselves and all others
similarly situated,
Plaintiffs,

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STIPULATED [PROPOSED] ORDER
REGARDING ELECTRONIC
DISCOVERY

v.

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Case No. C 13-05996 PJH (MEJ)

FACEBOOK, INC.,
Defendant.

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1.

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

PURPOSE

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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. To the extent that any

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issue addressed herein is also addressed in the parties’ Stipulated Protective Order (“Protective

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Order”), the Protective Order shall govern.

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2.

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

COOPERATION

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cooperate in good faith throughout the matter consistent with this Court’s Guidelines for the

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Discovery of ESI.

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3.

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

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PRESERVATION

preservation of potentially relevant ESI will be reasonable and proportionate.

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Gibson, Dunn &
Crutcher LLP

STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION
CASE NO. 13-05996-PJH (MEJ)

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This section is not intended to curtail or modify the parties’ rights or obligations under the
Federal Rules, including the obligation to preserve evidence.

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4.

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The parties agree that they will meet and confer to identify custodians whose ESI will be

SEARCH

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searched for responsiveness to document requests, subject to the responding party’s objections to

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document requests.

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ESI productions shall be de-NISTed using the industry standard list of such files maintained

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DE-NISTING & FILE TYPE FILTERS

in the National Software Reference Library by the National Institute of Standards & Technology.

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Upon request of a receiving party, a producing party shall identify any additional standard, readable,

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and reviewable file types that have been excluded from its document production and that the

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producing party has reason to believe may include relevant and responsive discoverable information,

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for any production made following the date of this Order, and will utilize reasonable best efforts to do

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the same with respect to any productions made prior to the date of this Order. Any party to whom

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such disclosure is made will have ten business days to object. Any objection not made in this period

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will be waived. If objections are made, the relevant parties will meet and confer to resolve them.

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6.

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The parties will produce all documents as single page black and white TIFF format files

PRODUCTION FORMATS

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imaged at 300 dpi, Group IV compression; name each TIFF file with a unique name matching the

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Bates number labeled on the corresponding page; do not create a separate folder for each document;

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and use the time zone associated with the original document when processing documents that were

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originally stored as native electronic files. The parties agree not to degrade the searchability of

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documents as part of the document production process. The searchable, extracted text for redacted

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documents will be replaced with OCR text.

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ESI shall be processed, to the extent practicable, in a manner that preserves hidden columns or
rows, hidden text or worksheets, speaker notes, tracked changes and comments.

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Gibson, Dunn &
Crutcher LLP

STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION
CASE NO. 13-05996-PJH (MEJ)

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Image Load File

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All productions will be provided with data load files (.dat) and image (.opt) load files in

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standard Concordance format. The image load file must reference each TIFF file in the

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corresponding production, and the total number of TIFF files referenced in the load file must match

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the total number of image files in the production. The total number of documents referenced in a

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production’s data load file should match the total number of designated document breaks in the

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corresponding image load file for that production.

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Document Text

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For documents that were originally stored as native electronic files and that do not have

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redactions, the extracted, full text from the body of each document will be produced in a separate .txt

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file named for the beginning Bates number of the document. For documents that were originally

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stored as native electronic files and which have redactions, OCR text will be produced from the

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redacted image(s) associated with each document as a separate .txt file for each document named for

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the Bates number of the document. The text of the document shall not be included in the .dat file, but

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instead the .dat file shall include a link to the .txt file. Any redacted material should be clearly

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labeled to show the redactions on the TIFF image.

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Databases and Enterprise Systems

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To avoid production of entire large databases and enterprise systems, a party may opt to

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produce responsive information from databases and enterprise systems in an alternate form, such as

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an Excel spreadsheet or similar report, where practicable. Reports produced for this purpose shall be

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produced in native format, along with a TIFF image of a slip sheet identifying the Bates stamp of the

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native file. If the Microsoft Excel application is insufficient to accurately present the information, the

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parties will meet and confer to discuss the best method of producing the information referenced in the

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report or table. The parties agree to meet and confer regarding the production of enterprise database-

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application files (e.g., SQL and SAP) identified for production to determine the most reasonable form

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of production based on the specific circumstances.

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Gibson, Dunn &
Crutcher LLP

STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION
CASE NO. 13-05996-PJH (MEJ)

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Microsoft Excel, Other Spreadsheet Files, and Other Structured Data

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Files created by Microsoft Excel, other spreadsheet programs, or Access, as well as files

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containing other structured data shall be produced in native format with a corresponding TIFF image

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of a slip sheet identifying the Bates stamp of the native file. The parties will provide a relative file

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path or link to the native Excel in the production load file. The produced file should be named with

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the Bates number of the first page of the corresponding TIFF production of the document (e.g.,

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“ABC00001.xls”). The original file name shall be maintained in a way such that a party will be able

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to search for the original file name.

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Hard-Copy Documents
Any documents that exist in hard copy must be scanned and produced in the required
production format.

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Special File Types

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The parties agree that presentation-application files (e.g., MS PowerPoint), spreadsheet-

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application files (e.g., MS Excel), and multimedia audio/visual files such as voice and video

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recordings (e.g., .wav, .mpeg, and .avi) shall be produced in native format. In addition to producing

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the above file types in native format, the producing party shall produce a single-page TIFF slipsheet

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indicating that a native item was produced. The corresponding load file shall include NativeFileLink

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information for each native file that is produced. Further, the parties agree to meet and confer

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regarding producing native file types other than MS PowerPoint, MS Excel, and multimedia

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audio/visual file types, such as .wav, .mpeg and .avi. The produced file should be named with the

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Bates number of the first page of the corresponding TIFF production of the document (e.g.,

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“ABC00001.ppt”). The original file name shall be maintained in a way such that a party will be able

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to search for the original file name.

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Confidentiality Designation

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Responsive documents in TIFF format will be stamped with the appropriate confidentiality

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designations in accordance with the Protective Order in this matter. Each responsive document

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produced in a different native format will have its confidentiality designation identified in the

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filename of the native file as well as the slip-sheet for the native file.
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Gibson, Dunn &
Crutcher LLP

STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION
CASE NO. 13-05996-PJH (MEJ)

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Document Metadata

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Parties shall produce extracted metadata for each document in the form of a .dat file along

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with standard Concordance image load file, and include the following fields to the extent available,

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except that if the field contains privileged information, that privileged information may be

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redacted. Any redactions for privilege reasons shall be recorded on a privilege log subject to

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Section 10 below:

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FIELD NAME

FIELD DESCRIPTION

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BegBates

First Bates number (production number) of an item

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EndBates

Last Bates number (production number) of an item
**The EndBates field should be populated for single-page items.

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AttachName

File name of the attachment

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BegAttach

First Bates number of family group

EndAttach

Last Bates number of attachment range (i.e., Bates number of the last page of the last attachment)

PgCount

Number of pages in the item

Custodian

Name of person from whose files the item is produced

CustodianOther

Name of the Custodian(s), in addition to the person whose name is in the Custodian field above, from
whose files the item would have been produced if it had not been de-duplicated

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SourceFilePath

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The directory structure or path where the original file was stored on the party’s source computer
system. Any container name (such as ZIP or PST containers) is included in the path

HashValue
NativeFileLink

Hyperlink path for documents provided in native format only
**The linked file must be named per the BegBates value.

FileExtension

Indicates file extension of source native file

DateSent
(mm/dd/yyyy)

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The MD5 or IntMsgID hash value of the item

Date email or calendar item was sent

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This field may be excluded if the producing party determines it includes information protected by
any applicable privilege or immunity.
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Gibson, Dunn &
Crutcher LLP

STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION
CASE NO. 13-05996-PJH (MEJ)

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FIELD NAME

FIELD DESCRIPTION
Time email or calendar item was sent

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TimeSent
(hh:mmAM/PM)

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DateReceived

Date email or calendar item was received

TimeReceived

Time email or calendar item was received

To

The names and/or SMTP email addresses of all recipients that were included on the “To” line of the
email or calendar item

From

The name and/or SMTP email address of the sender of the email or calendar item

CC

The names and/or SMTP email addresses of all recipients that were included on the “CC” line of the
email or calendar item

BCC

The names and/or SMTP email addresses of all recipients that were included on the “BCC” line of the
email or calendar item

AttachCount

Number of attached documents to an email or grouped items

DateCreated
(mm/dd/yyyy)

Date the item was created

TimeCreated
(hh:mm AM/PM)

Time the item was created

LastModifiedBy

Person who last modified or saved the item, as populated in the metadata or document properties of
the native file

LastModDate
(mm/dd/yyyy)

Date the item was last modified

LastModTime
(hh:mm AM/PM)

Time the item was last modified

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FileName

The filename of the source native file for an ESI item

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Title

Any value populated in the Title field of the source file metadata or item properties

Subject

Any value populated in the Subject field of the source file metadata or document properties (e.g.,
subject line of email or calendar item)

Author

Creator of the document; any value populated in the Author field of the source file metadata or
document properties

TextPath

Full relative path to the current location of the document-level text file specified in this Order.

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Gibson, Dunn &
Crutcher LLP

STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION
CASE NO. 13-05996-PJH (MEJ)

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FIELD NAME

FIELD DESCRIPTION

Redacted

User-generated field that will indicate redactions. “X,” “Y,” “Yes,” “True,” are all acceptable
indicators that the document is redacted. Otherwise, blank.

Confidentiality

User-generated field that will indicate confidentiality. “X,” “Y,” “Yes,” “True,” or the type of
confidentiality designation under the parties’ Protective Order are all acceptable indicators that the
document is Confidential. Otherwise, blank.

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Security
Both parties will make reasonable efforts to ensure that any productions made are free from
viruses and provided on encrypted media.
Production Media
Documents shall be produced on readily accessible electronic media or delivered by Secure
File Transfer Protocol.
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DE-DUPLICATION

Parties may de-duplicate globally (e.g., across custodians) utilizing a standard, industry
acceptable methodology.
The parties agree that an email that includes content on the “bcc” or other blind copy field
shall not be treated as duplicate of an email that does not include content in the “bcc” or other blind
copy field, even if all remaining content in the email is identical. The parties will produce a single
unique copy of a given e-mail message and its attachments, or standalone file, with references to each
Custodian in which a copy originally appeared as set forth in the metadata specifications above. In
the case of duplicates maintained by Custodians in different time zones, it is understood that the
image and date/time metadata will reflect the time locally kept by each Custodian.
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PRODUCTION TIMING

The parties recognize that the production of ESI may take substantially more than 30 days to
process. The parties agree that rolling productions may be appropriate.
The parties reserve the right to request changes to the production protocol based on a
reasonable belief that such changes will decrease the burden of production without materially
changing the information produced.

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Gibson, Dunn &
Crutcher LLP

STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION
CASE NO. 13-05996-PJH (MEJ)

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Each party agrees to retain native electronic source documents for all electronically stored

RETENTION OF ORIGINAL DOCUMENTS

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information produced in this litigation. Each party agrees to use reasonable measures to maintain the

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original native source documents in a manner so as to preserve the metadata associated with these

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electronic materials as it existed at the time of the original production in the event the review of such

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metadata becomes necessary. Notwithstanding this, each party understands and acknowledges that

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producing the metadata may affect some changes in the metadata itself, and agrees that any metadata

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change that results from production to requesting parties is permissible. The parties also understand

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and acknowledge that metadata of some documents may have been modified during the normal

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course of business or during investigation of the subject matter of this case and agree that any such

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changes to metadata will not be considered spoliation of evidence.

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10.

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Inadvertent production and privilege log issues are governed by the parties’ Protective Order.

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11.

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Nothing in this Agreement shall be interpreted to require disclosure of irrelevant information

DOCUMENTS PROTECTED FROM DISCOVERY

SCOPE OF AGREEMENT

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or relevant information protected by the attorney-client privilege, work-product doctrine, or any other

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applicable privilege or immunity. The parties do not waive any objections as to the production,

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discoverability, admissibility, or confidentiality of documents and ESI. This Order is intended to

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govern the format of the parties’ production. Nothing in this Order affects the parties’ discovery

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obligations under the Federal or Local Rules.

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The parties reserve the right to request changes to the production protocol based on a

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reasonable belief that such changes will decrease the burden of production without materially

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changing the information produced.

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12.

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This Stipulated Order may be modified by a Stipulated Order of the parties or by the Court for

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MODIFICATION

good cause shown.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Gibson, Dunn &
Crutcher LLP

STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION
CASE NO. 13-05996-PJH (MEJ)

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Dated: April 14, 2015
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LIEFF CABRASER HEIMANN & BERNSTEIN
LLP
By: /s/ Michael W. Sobol
Michael W. Sobol
Attorneys for Plaintiffs

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GIBSON, DUNN & CRUTCHER, LLP

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By: /s/ Joshua A. Jessen
Joshua A. Jessen
Attorneys for Defendant Facebook, Inc.

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Gibson, Dunn &
Crutcher LLP

STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION
CASE NO. 13-05996-PJH (MEJ)

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ATTESTATION
I, Michael W. Sobol, am the ECF user whose identification and password are being used to
file this Stipulation. I hereby attest that Joshua A. Jessen has concurred in this filing.

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/s/ Michael W. Sobol
Michael W. Sobol

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DISTR

RT
U
O

ICT
S
TE
_____________________________________
C
TA
The Honorable Phyllis J. Hamilton
United States District Judge ED
ER
O ORD

IT IS S

Judge P

ER

amilton

A

H

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H
hyllis J.

LI

UNIT
ED

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RT

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NO

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R NIA

April 15, 2015
DATED: ______________________

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Gibson, Dunn &
Crutcher LLP

STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION
CASE NO. 13-05996-PJH (MEJ)