City of Winter Haven v. Cleveland Indians Baseball Company Limited Partnership

Filing 295

US District Court Middle District of Florida PLAINTIFFS' EXHIBIT Exhibit Number: 1 6 . 1 0 6:06md01769ACCDAB In Re: Seroquel Products Liability Litigation Date Identified: Date Admitted:

Exhibit 16.10

Jaffe,Jonathan
From: Sent: To: Gc: Subject:
H e l l oMikeandJonathan: We previously meetand confersessions AstraZeneca informed the of discussed multiple at that wouldkeepPlaintiffs paceof implementing agreedresolutions technical of the issuesas identified "Plaintiffs in JointStatement Resolved to in filedin the MDLon June7,2007. I writetodayto do so,addressing issues theorderthattheyappear the in lssues" t h a tfiling: the 1 . Corrected LoadFiles: Thevendofscurrent bestestimate completing job is July15. I haveordered vendor for this (l new loadfilesto Plaintifis for likely)thatwe will be ableto produce to staggerthe production that it is possible believe so thanthatdate. s o m ecustodians sooner productions Plaintiffs have will We all All to 2 . Metadata consistency: haveimplemented agreed solutions. subsequent Bates, Order, t h e agreed andnaming conventions. to fields:the vendorhas completed agreedinvestigation this issueand certified of 3. Swapped MetaData the has the A s t r a z e n e cthatit hasfoundno instances swapped a of metadata the underlying files. Instead, vendor in TIFF you codingfieldsin the loadfiles. As we notified statedthat this issuestemssolelyfrom inconsistent of ordering objective of lastweek,this issuewill therefore entirelycorrected the implementation #1 and#2 above. be by productions. The 4 . PageBreaks:Thevendor completed testing solution, is implementing subsequent it for has this and production Language first production containing solution be received Plaintiffs this will by today- the revisedForeign text in current new d i s c u s s e d #12 below.Thevendor's bestestimate completing extracted filesfor all custodial for (l likely)thatwe productions July31. I haveordered vendorto stagger production that it is possible believe is the so the for soonerthanthatdate. will be ableto produce newextracted filesto Plaintiffs somecustodians text The vendorhas constructed program implement solution.The mostdifficultissueto overcome to this 5. ExcelSheets: a w a s normalization thesheets, thatrowswill be unhidden as theywouldbe on a TIFF. Thevendo/scunentbest of so etc. produclions July31. I haveordered vendor stagger the the to for Excel for is e s t i m a t e completing sheets all custodial production that it is possible believelikely)thatwe will be ableto produce (l for so Excelsheetsto Plaintiffs some thanthatdate. c u s t o d i a nsooner s AstraZeneca someobjective codingfieldsin excessof the 17 6. Objective Coding: collected use by its own lawyers for previously AstraZeneca produce will fieldsidentified CMO2for all documents. we have As discussed, metadata by in accordance the requirements CMO2. with documents of to 7. Privilege Logs:AstraZeneca reconstructed privilege for the Initial8 custodians containthe agreedcontrol has log the "E" that fieldcontains prefix"P" for paperdocument, for an electronic number.We havediscovered the controlnurnber a (suchas, for example, Worddocument workcomputer savedto a C: drive), fromthe custodian's a documencollected t (suchas, for example, a and "ED"for a document collected from sharedrivesand networks electronically AstraZeneca's provides nomenclature shouldnotcauseissueswith PST). We believe this extrainformation Plaintiffs therefore and to you the solution, pleasecontactme if you disagree.We will provide a copyof the log in the nextfew daysandwill but welcome comments the agreedto changes on the of beforereconstructing balance the log. redactions. My multiple Jonathan Jaffe'sreportot 2416documents containing 8. Redactions: AstraZeneca reviewed has portionof thosedocuments casereportformsfor whicheachreasonfor ihitialreviewsuggests a substantial that are has reviewfor a subsetof thesedocuments redaction shouldbe obvious.Astrazeneca agreedto conduct line-by-line a important. AstraZeneca awaitsPlaintiffs' for whichPlaintiffs believeredaction reasons unclear particularly are or to doesnot believeit promised provide identificatioof thal subset. In contradiction the June7 filing,Astrazeneca n with late of redaction logs. This issueescaped AstraZeneca's due attention to the extremely submission the filing(11:40a.m. D u p r eAndrew , [e-mail]] M o n d a yJune25,20073:05PM , Pederson, Mike; Rhonda Radliff Jaffe, Jonathan; Freebery, James \Mnchester, Makenzie J.; Tony; Yeager, Joe;\Mndfelder, Updateon Technical lssues

to that aroseoverPlaintiffsattempt insertnonwhenit hadto be fitedby noon)by Plaintiffs, the subsequent and dispute want would provision. anyevent, why language thecertification into Astrazeneca doesnotunderstand Plaintiffs agreed In fields. The redaction logs. Unlikeprivileged redacted documents produced with all the agreedmetadata documents, are that reasonfor redaction, couldpossibly including metadata each redacted for document all contains the information, to redaction appears AstraZeneca be an emptyexercise. log to appearon a redaction log. Creation a separate of wantthe why PlaintifG is if AstraZeneca willingto discussthis issuefurtherwith Plaintifts thereis somespecifhreason in s a m einformation logform. by submitted Plaintiffs.Thevast majority has 9. Blankdocuments: AstraZeneca investigated of the blankdocuments all problem that withTlFFingExcelspreadsheets containa headeror theseblankdocuments stemfroman inherent of inadvertently movingthe cursorbeyondhis (by, footer. lf the authorof the sheetcreatesit incorrectly for example, of createtensof thousands pagesthatcontain will down),the TIFFprocess invariably intended workareawhilescrolling information theycontainheader/footer onlythe headeror the footer. Theseblankpagesare not actuallyblanks,because (perhaps in is agreesthat suchinformation useless the vast majority as createdby the authorof the sheet. AstraZeneca technically shouldbe and that someinformation is not privileged therefore ail) instancei,butthe "blank"pagesdo contrain pagesof an Excelsheet going-forward wouldbe for the partiesto agreethat produced solution underCMO2. A possible of vendoris capable implementing ontya headeror a footerneednot be TlFFedor produced.AstraZeneca's containing production Excelsheetsin Excellorm per#5 above of AstraZeneca's iiPlaintifisdesireil. In the interim, that solut.ron pages in documents whichblankpages(or mismatched shouldsolvethis problem.Thereis a smallsubsetof non-Excel provided cull. The document produced a resultof an errorin the vendo/sfinalmediacreation as in someinstances) were errors of was an example this issue. Theseseemto be isolated by ScottAllenat the May3Othmeetandconfersession detection using bit mapvariance a a is conducting search andthevendor presently onlya fewdocuments, t h a tconcern is for all current bestestimate identitying suchdocuments June30,2007. ail u l i l i t y identify of them. Thevendor's to pleaseidentifo us any individual for Additionally, for ii nappyto institute corrections thesedocuments. AstrbZeneca d o c u m e n tif youwouldlikeus to address. s an was 1 0 . lP10production neveractually issue. on s: to 11. ltem12|CRF was produced Plaintiffs June8, 2007. on to was produced Plaintiffs May30, 2007' a driveof thesedocuments language 12. Foreign documents: production that to vendorerrorcausedsomeof thesedocuments haveBatesnumbers recently discovered a that AstraZeneca harddrivewithcorrected will todayanother Batesnumbers fromotherproductions. Astrazeneca deliver duplicated was issueswiththe production onlythe Balesoverlay Therewere no substantive versions thesedocuments. of the to will This newproduction be the firstproduction implement agreedpagebreaksolution. affected. produced June25,2007. today, deposition 1 3 . 3O(bXO) documentswere on provided draftcertification June 12,2OQ7. Plaintiffs with a revised of Astrazeneca 14. Certification Completeness: that suggests this havenotyet statedwhethertheyapprove draft. An emailof June 18 fromMikePederson Plaintiffs on AstraZeneca believes morediscussion thistopicis required. expandthe certification. Plaintiffs wishto substantially on on The partiesmetand conferred the subjectof databases June20, 2007. This rneetand confer 15. Databases: so theywantproduced, that databases fromAstraZeneca Plaintiffs namespecific to to requests followed several process leastfor somesubsetof the desired at dataextraction may beginthe lengthy and difficult AstraZeneca leave,whichoccurred pending Jaffe'sreturnftom paternity Jonathan thoseearlierrequests declined databases.Plaintiffs surveycertaininformation that Plaintiffs requested Astrazeneca the on June 19,2007. During meetand confersession, (and they thereoD want about whichdatabases fields wouldthenmaketheirdecision Plaintiffs f o r 59 databases. of surveyis duplicative bothlhe 30(bXO) that this proposed produced objected basedon that survey.AstraZeneca that Astrazeneca furtherobjected Plaintiffs that and lT interviews phintiffsalreadyc,onducted. of depositions lT witnesses in production thosedatabases lieuof the of want,and thatdelaying that mustknowsomedatabases theywill definitely these in production thosedatabases deadlines the MDL. Despite withinthe discovery proposed of surveywilljeopardize would The partiesagreedthat Plaintiffs that Plaintiffs request. the bbjectionsAstriZenecaagreedto conduct survey , for providethe list of approximately databases, a list of topicstheywantsurveyed eachone. The parties and 55 of secondmeetand confercallfor WednesdayJune27, 2007to discussthe initialresults the survey. scheduled a , provided production a key. Key: 1 6 . Production Plaintiffs or any Pleasecontactme if this prompts questions concerns.

AndrewS. Dupre,Esq. M cC ar t er English,LLP & 4 05North King Street8th Floor Wi l m i ng ton,Delaware 19801 Phone: [phone] F a x :302-984-031I

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