Design Basics, LLC v. Carhart Lumber Company et al

Filing 14

ORDER granting 13 Email Motion. --The mandatory disclosure deadline is extended to September 17, 2013. --Electronic discovery shall be conducted in accordance with the attached order. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DESIGN BASICS, L.L.C.,
Plaintiff,
vs.
CARHART LUMBER COMPANY; SCOTT
BRIAN CARHART; BRENDA KUHLMAN
CARHART; WILLIAM C. CARHART; and
MICHAEL HERBOLSHEIMER,
Defendants.

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CASE NO. 8:13-CV-00125

ORDER GOVERNING
ELECTRONIC DISCOVERY

ORDER

Consistent with the parties’ agreements as set forth in the planning conference
report submitted pursuant to Fed. R. Civ. P. 26(f), electronically stored information (ESI)
in this case will be handled as follows:
(i) All discoverable architectural drawings existing as ESI (e.g. .CAD or comparable or
analogous formats) shall be produced in original native format on DVD, flash drive, or
other storage device.
(ii) All discoverable email and other electronic documents, presentations, and
spreadsheets (e.g., .EML, .DOC, .WPD, .XLS, .PPT or comparable or analogous formats)
shall be produced in native format existing as ESI. In the case of email, this means the
production shall be in the native email file, such as .NSF, .PST, or .OST. In instances in
which the native format is proprietary and cannot be read without the source program, the
party requesting the production will have the option of having the information produced
in native format, or in TIFF or PDF files. If such ESI must be produced in TIFF or PDF,
the load file shall contain basic metadata fields including, at a minimum, fields for the
following:

All Files: File Name, File Path, File Size, Hash (native only)
Metadata – Email: From; To; CC; BCC; Subject; Header;
Date Sent; Date Received; Has; Attachments;
Attachment Count; Attachment Names; Folder, Custodian
Metadata – All other Electronic Files: File Extension; Date
Created; Date Modified; Title; Subject; Author;
Company; Category; Keywords; Comments, Custodian
The ESI shall be produced on DVD, flash drive, or other storage device.

(iii) Discoverable documents existing in paper form (irrespective of whether it is claimed
that duplicates exist in electronic form) after inspection by counsel, shall be produced as
paper copies in the same size and color as the original. In such instances, the production
shall include copies of file labels or other information which could assist in identifying
how and where such documents were kept in the ordinary course of business.

(iv) With respect to (ii) and (iii) above, the parties do not presently anticipate that
complete metadata for such documents will be generally relevant. However, in the event
one or more of believe that such information is desired, the parties agree to maintain
backup copies of the ESI and to make available electronic copies of such documents in a
forensically reliable fashion, with metadata intact, upon reasonable request.

(v) The parties have created forensic images of the hard drives of all persons believed to
have discoverable documents and shall preserve such images pending the final judgment
in this litigation.
Dated: September 3, 2013.

United States Magistrate Judge
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