Mata et al v. Manpower Inc. / California Peninsula et al

Filing 36

STIPULATED ORDER Re: Discovery of Electronically Stored Information #35 . Signed by Magistrate Judge Howard R. Lloyd on 6/26/2015. (hrllc1, COURT STAFF) (Filed on 6/26/2015) Modified on 6/26/2015 (hrllc1, COURT STAFF).

*E-Filed: June 26, 2015*

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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JUVENTINA MATA; CLAUDIA PADILLA;
and LESLI GUIDO on behalf of themselves
and all other similarly aggrieved employees,

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Case No. 5:14-cv-03787-LHK
[Monterey County Superior Court
Case No. M127969]

Plaintiff,
vs.
MANPOWER, INC/CALIFORNIA
PENINSULA; MANPOWER US INC.;
MANPOWER INC.; MANPOWERGROUP
PUBLIC SECTOR INC.;
MANPOWERGROUP US INC.; and Does 1
through 100, inclusive,
Defendants.

STIPULATED ORDER RE:
DISCOVERY OF ELECTRONICALLY
STORED INFORMATION

Complaint Filed:
Notice of Removal Filed: 8/20/14
Trial Date: September 26, 2016
Judge: The Honorable Lucy H. Koh

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{7094/005-1/00557827.DOC}

______________________________________________________________________________________________________
STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION

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1.

PURPOSE

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This Order will govern discovery of electronically stored information (“ESI”) in

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this case as a supplement to the Federal Rules of Civil Procedure, this Court’s Guidelines for

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the Discovery of Electronically Stored Information, and any other applicable orders and rules.

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2.

COOPERATION

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

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

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for the Discovery of ESI.

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3.

LIAISON

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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 e-discovery

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liaison will be, or have access to those who are, knowledgeable about the technical aspects of e-

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discovery, including the location, nature, accessibility, format, collection, search methodologies,

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and production of ESI in this matter. The parties will rely on the liaisons, as needed, to confer

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about ESI and to help resolve disputes without court intervention. Plaintiff’s liaison will be

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Jonathan Swerdloff. Defendants’ liaison will be Steve Rasmussen. The parties reserve the right

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to designate and/or utilize additional liaisons should the need arise.

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4.

PRESERVATION

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The parties have discussed their preservation obligations and needs and agree

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that preservation of potentially relevant ESI will be reasonable and proportionate. To reduce the

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costs and burdens of preservation and to ensure proper ESI is preserved, the parties agree that:
a)

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Only ESI created or received between May 29, 2010 and the present will

b)

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The parties have exchanged a list of the types of ESI they believe should

be preserved;

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

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they believe ESI should be preserved. The ESI shall include information on Defendants’ Direct

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Office, Red Carpet, Manppower.com and I-net systems, including check stubs and JD Edwards

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information. Custodians may include Plaintiffs, as well as Defendants Human Resources and/or
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Case No. 5:14-CV-03787-LHK

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STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION

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payroll personnel, selling branch managers and/or recruiting managers. The parties shall add or

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remove custodians as reasonably necessary;
c)

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The parties will agree on the number of custodians per party for whom

ESI will be preserved;
d)

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These data sources are not reasonably accessible because of undue

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burden or cost pursuant to Fed. R. Civ. P. 26(b)(2)(B) and ESI from these sources will be

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preserved but not searched, reviewed, or produced: The parties are not presently aware of any

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relevant data sources that are not reasonably accessible. Defendants reserve their objections to

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searching data sources that are not reasonably accessible because of undue burden or cost

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should Plaintiffs contend that any such sources contain relevant information.
e)

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Among the sources of data the parties agree are not reasonably

accessible, the parties agree not to preserve the following: Not applicable.
f)

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In addition to the agreements above, the parties agree data from these

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sources (a) could contain relevant information but (b) under the proportionality factors, should

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not be preserved: Not applicable..

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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

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

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ESI that is subject to production in discovery and filter out ESI 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 documents

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

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production of such documents. The parties agree not to degrade the searchability of documents

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as part of the document production process.

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7.

PHASING

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

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parties agree to phase the production of ESI and the initial production will be from the
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Case No. 5:14-CV-03787-LHK

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STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION

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following sources and custodians: Defendants’ Direct Office, Red Carpet, Manppower.com and

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I-net systems. 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)

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Pursuant to Fed. R. Evid. 502(d), the production of a privileged or work-

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product-protected document, whether inadvertent or otherwise, is not a waiver of privilege or

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protection from discovery in this case or in any other federal or state proceeding. For example,

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the mere production of privileged or work-product-protected documents in this case as part of a

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mass production is not itself a waiver in this case or in any other federal or state proceeding.
b)

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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

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privilege log by category, rather than individually, if appropriate.

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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.
IT IS SO STIPULATED, through Counsel of Record.
DATED: June 25, 2015

WANGER JONES HELSLEY PC

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By /s/ Patrick D. Toole
Patrick D. Toole,
Attorneys for Plaintiffs Juvetina Mata,
Claudia Padilla and Lesli Guido on behalf of
themselves, and all other similarly aggrieved
employees

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Additional signatures on following page

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{7094/005-1/00557827.DOC}

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Case No. 5:14-CV-03787-LHK

______________________________________________________________________________________________________
STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION

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DATED: June 25, 2015

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OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

By /s/ J. Patrick Allen
Spencer C. Skeen,
Evan R. Moses
J. Patrick Allen
Tim L. Johnson
Attorneys for Defendant
MANPOWER, INC./CALIFORNIA
PENINSULA; MANPOWER US INC.;
MANPOWER, INC.; MANPOWERGROUP
PUBLIC SECTOR INC.;
MANPOWERGROUP US INC.

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IT IS ORDERED that the foregoing Agreement is approved.

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DATED: June 26, 2015

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____________________________
Hon. Howard R. Lloyd
United States Magistrate Judge

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{7094/005-1/00557827.DOC}

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Case No. 5:14-CV-03787-LHK

______________________________________________________________________________________________________
STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION