Ludvik Electric Co. v. Wesco Distribution, Inc.

Filing 63

STIPULATED PROTOCOL FOR THE PRODUCTION OF ELECTRONICALLY STORED INFORMATION entered by Magistrate Judge Nina Y. Wang on 6/18/15. (bsimm, )

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF COLORADO
Civil Action No. 14-cv-2148-WJM-NYW
LUDVIK ELECTRIC CO., a Colorado corporation,
Plaintiff,
v.
WESCO DISTRIBUTION, INC., a Delaware corporation,
Defendant and Third-Party Plaintiff,
v.
GENERAL STRUCTURES, INC., a Michigan corporation,
Third-Party Defendant.

STIPULATED PROTOCOL FOR THE PRODUCTION OF ELECTRONICALLY
STORED INFORMATION

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This matter, having come before the Court on the written stipulation of the parties, by and
through their respective counsel, and the foregoing parties having consented and agreed to the
making and entry of this Order:
IT IS HEREBY ORDERED as follows:
Procedure for Exchange of Documents
The terms of this procedure presumes the parties to which it applies have been vetted
by the United States Government to receive documents pertaining to the Utah Data Center
Project, Camp Williams Utah (UDC), as evidenced by the fact that each party possesses
documents pertinent to the UDC project. This procedure does not alter the parties’
responsibilities as they pertain to any UDC document.
For the purpose of this document, the term “Document” is used in the broadest and
most liberal sense to include all written, typed, printed, recorded, or graphic material,
however produced or reproduced, of any and every kind and description, and whether an
original, master, duplicate, or copy, and whether in physical or electronic form.
Notwithstanding this definition, an understood goal of this agreed procedure is to
reduce the amount of unnecessary duplication within the document collections produced by
each party. For this reason, the parties agree, for purposes of discovery that printed versions
of “documents” maintained in both electronic and paper format will be produced as part of
the electronic production only.
Production costs will be borne by the Producing Party unless otherwise ordered by
the Court.
Additionally, the parties agree that there is no waiver of any applicable privileges
through the inadvertent production of any privileged record and further agree to “claw‐back”

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terms consistent with those outlined in the Stipulated Protective Order in regard to any
inadvertently produced privileged records.
Production of Electronically Stored Information (ESI)
ESI includes e‐mail, word processing, spreadsheet, scheduling, design assist, and
other electronic data files used by the parties which are collected from laptops, desktop
workstations, network servers, portable storage media, cell phones, tablets, or other
electronic storage media.
The parties shall have no obligation to produce data, residual data, or data fragments
on hard drives that are not viewable through the application that was used for their creation;
prior versions of data in current databases; existing data that was generated by applications
or systems no longer in use; disaster‐recovery materials; and backup tapes and electronically
stored and preserved materials whose contents are not readily searchable without materially
impeding ongoing operations.

The following procedures will apply to the production of ESI:
1. Each party will provide all responsive electronic files in native format.
2. If a party produces documents in the manner they are kept in their business, the party
will produce the electronic files in a manner that replicates the organizational
structure of the files as they were maintained during the course of the project,
including: directory, folder, and subfolder structures as well as original filenames and
custodial information. In the alternative, the organizational information can be
provided in a data base load/cross-reference file(s) formatted for use with commonly
used litigation support applications that accompanies the production.

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3. The parties will adopt the following naming convention for electronic files: Ludvik
Electric files will be identified with an alpha prefix “LE_” with a sequential
numbering of the files beginning with 0000001. The original filename will follow
(e.g. LE_0000001_ORIGINAL FILENAME). The other parties will adopt a similar
convention for their production documents.
4. In addition to ESI that resides on laptops, desktop workstations, and network servers,
there may be additional responsive documents stored on external storage media such
as flash drives, thumb drives, CD-ROM disks, DVD disks, and other media. These
files will be included in the production but will be segregated from the other
production documents in a folder named consistent with any labeling on the media.
5. When preparing paper copies of any document produced in native format for use in
these proceedings, the filename will appear in a footer, identifying the document’s
source.
Paper Documents and Other Physical Objects
Paper documents not being produced because they are available in electronic format
will be identified on an index with an indication as to where within the electronic production
the documents are located.
Production of small volumes of paper documents. After accounting for duplication
between paper and electronic documents, there may be some paper documents to be
produced. These collections of paper documents will be scanned to electronic images in
accordance with the following specifications.
1.

Scans will be black-and-white, single-page CCITT TIFF Group IV images at 300
DPI.

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2.

Documents with substantive color and all photographs will be scanned to JPEG
format.

3.

Document boundaries will be unitized at the lowest document level (i.e. stapled or
clipped groupings).

4.

The association between and attachment and its “parent” document will be recorded
and indicated in the load file.

5.

File folders, notebook covers, tabs, bindings, etc. will be scanned immediately
preceding the documents contained therein and flagged as “folders” in the load file.

6.

Each image will be electronically endorsed (aka Bates numbered) to include an alpha
prefix identifying the Producing Party followed by a sequential numbering of the
images, placed in the lower right corner of the image without obstructing content of
the original document.

7.

Each image file will be named consistent with the first Bates number endorsement on
the image.

8.

Document-level OCR text files will be provided.

9.

Data base Load files/Cross-Reference files for the processed documents will be
provided in a format for use with commonly used litigation support applications.
Production of large volumes of paper documents. To the extent there are large

amounts of paper documents and other physical things that are not otherwise available in
electronic format, the parties agree to make them available for inspection and reproduction.
1.

Inspection times will be coordinated to minimize disruption to the Producing Party
while giving adequate access to the Discovering Party or Parties to complete their
review in an efficient and timely manner.

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2.

Prior to inspection, the Producing Party will provide information about the
documents being produced to include:
a. The volume and nature of materials to be produced
b. Any available indexes.

3.

During the review process, the Discovering Party or Parties will identify the
documents requested for reproduction. Arrangements will be made to reproduce the
documents in as timely a manner as possible, minimizing the disruption to the
Producing Party’s operations. If practical, the Discovering Party or Parties will
coordinate the review and reproduction process to minimize disruption to the
Producing Party and to reduce the amount of duplication of efforts and costs
associated with the reproduction process.

4.

Paper documents will be scanned in accordance with the specifications provided in
item 2 above.

DATED: June 18, 2015

BY THE COURT:

s/ Nina Y. Wang
United States Magistrate Judge

Stipulated as to form and content:
WOODS & AITKEN, LLP

KELLY & WALKER, LLC

By:
s/Kory D. George
Kory D. George
Attorneys for Plaintiff, Ludvik Electric Co.
8055 East Tufts Avenue, Suite 525
Denver, CO 80237
303-606-6700
[e-mail]

By: s/Shannon M. Bell
Shannon M. Bell
Attorneys for Defendant/Third Party Plaintiff,
WESCO Distributing, Inc.
1512 Larimer Street, Ste 200
Denver CO 80202
720-236-1800
[e-mail]
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JAFFE, RAITT, HEUER & WEISS, P.C.

PENDLETON, WILSON, HENNESSEY & CROW P.C.

By:
s/Ethan R. Holtz
Ethan R. Holtz (P71884)
Attorneys for Third Party Defendant
General Structures, Inc.
27777 Franklin Road, Suite 2500
Southfield, MI 48034
[phone]
[e-mail]

By:
s/L. Jay Labe
L. Jay Labe
Attorneys for Third Party Defendant
General Structures, Inc.
1875 Lawrence Street, Ste 1000
Denver, CO 80202
[phone]
[e-mail]

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