Equalia, LLC v. Kushgo LLC et al

Filing 65

ORDER Granting 64 Stipulated Electronically Stored Information Production Order. Signed by Judge Richard F. Boulware, II on 02/13/2017. (Copies have been distributed pursuant to the NEF - NEV)

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Attorneys for Plaintiffs
EQUALIA, LLC and HOVERBOARD
TECHNOLOGIES CORPORATION

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A Professional Corporation
San Francisco

Ropers Majeski Kohn & Bentley

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STEPHEN J. ERIGERO (SBN 11562)
TIMOTHY J. LEPORE (SBN 13908)
LAEL D. ANDARA (California SBN 215416)
MARIE E. SOBIESKI (California SBN 278008)
ROPERS, MAJESKI, KOHN & BENTLEY
3753 Howard Hughes Pkwy., Suite 200
Las Vegas, NV 89169
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
[e-mail]
[e-mail]
[e-mail]

UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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EQUALIA, LLC, a California limited
liability company, and HOVERBOARD
TECHNOLOGIES CORPORATION, a
California corporation,
Plaintiffs,
v.

CASE NO. 2:16-cv-02851-RFB-CWH
[PROPOSED]
STIPULATED ELECTRONICALLY
STORED INFORMATION PRODUCTION
ORDER

KUSHGO LLC dba HALO BOARD, a
California limited liability company;
HALO BOARD LLC, an Oregon limited
liability company; ARTHUR
ANDREASYAN, an individual; and
SHENZHEN WINDGOO INTELLIGENT
TECHNOLOGY CO. LTD., a foreign
company,

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Defendants.

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Plaintiffs EQUALIA, LLC and HOVERBOARD TECHNOLOGIES CORPORATION,

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and Defendants KUSHGO LLC dba HALO BOARD and ARTHUR ANDREASYAN, through

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their undersigned counsel, hereby stipulate and agree, subject to Court approval, to the following

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terms governing discovery of electronically stored information (“ESI”) in this case:

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4837-3627-1426.1

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STIPULATED REQUEST FOR ORDER GOVERNING
DISCOVERY OF ELECTRONICALLY STORED
INFORMATION - 16-CV-02851

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1.

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This Stipulated Order will govern discovery of ESI in this case as a supplement to the

PURPOSE

Federal Rules of Civil Procedure, this Court’s LR 1-1, and any other applicable orders and rules.

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The parties desire to control and focus the production of ESI to the needs of the case to promote a

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“just, speedy, and inexpensive determination” of this action, as required by Fed. R. Civ. Proc. 1.

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Absent a showing of good cause, general ESI production requests under Federal Rules of

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Civil Procedure 34 and 45, or compliance with a mandatory disclosure requirement of this Court,

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shall not include all metadata. However, fields showing the date and time that the document was

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sent and received, as well as the complete distribution list, shall generally be included in the

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A Professional Corporation
San Francisco

Ropers Majeski Kohn & Bentley

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production if such fields exist.

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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. A party’s meaningful compliance with this

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stipulation and efforts to promote efficiency and reduce costs will be considered in cost-shifting

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determinations.

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

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

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a)

PRESERVATION

The parties have agreed to exchange a list of the types of ESI they believe should

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

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believe ESI should be preserved, e.g., “HR head,” “expert,” and “marketing manager.” The

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parties shall add or remove custodians as reasonably necessary; and

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b)

The parties have agreed that the number of custodians per party for whom ESI will

be preserved will be five per party.

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4.

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The parties agree that in responding to an initial Fed. R. Civ. P. 34 request, or earlier if

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appropriate, they will meet and confer about appropriate search terms to search ESI in order to
4837-3627-1426.1

SEARCH TERMS

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STIPULATED REQUEST FOR ORDER GOVERNING
DISCOVERY OF ELECTRONICALLY STORED
INFORMATION - 16-CV-02851

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identify ESI that is subject to production in discovery and filter out ESI that is not subject to

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discovery.

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5.

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The parties agree pursuant to Fed. R. Civ. P. 34 (b)(2)(E)(i) that the presumption is that

PRODUCTION FORMATS

data will be produced in native format (i.e., the same form it is used or kept in the normal course

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of business), and pursuant to Fed. R. Civ. P. 1 to use commercially reasonable efforts to produce

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the information electronically consistent with Fed. R. Civ. P. 1. The parties further agree that

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emails, spreadsheets, videos, animations, audio files, and presentations that include video,

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animation, or audio shall be produced where practical in native format. To the extent that

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A Professional Corporation
San Francisco

Ropers Majeski Kohn & Bentley

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documents produced in native format cannot be rendered or viewed without the use of proprietary

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software, the parties shall meet and confer to minimize any expense or burden associated with the

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review of such documents, including issues as may arise with respect to obtaining access to any

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such software or operating manuals.

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ESI not produced in native format and amenable to being imaged will be produced as

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images on optical disks (i.e., CDs or DVDs) or external hard drives accompanied by load files.

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Each image will bear a unique production number and any applicable confidentiality language

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pursuant to the Protective Order used in this litigation. ESI produced in this manner will be

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accompanied by load files with searchable text (including electronically extracted text or, if

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electronically extracted text is unavailable, OCR text) and shall include:

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•

Unitization (including the production number of the first and last page of each file);

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Attachments (including information sufficient to identify the parent and child

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relationships of all documents and ESI that are or have attachments);

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Confidentiality (including any designation pursuant to the Protective Order);

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•

Source information (the identity of the custodian, or, if none, a generalized location);

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and
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System metadata will be maintained and provided with the native files. The following

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information will not be removed or scrubbed from the produced files: including

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author, file size, file type, date created, date modified, title, sender (“from”), primary
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STIPULATED REQUEST FOR ORDER GOVERNING
DISCOVERY OF ELECTRONICALLY STORED
INFORMATION - 16-CV-02851

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recipient (“to”), courtesy copy (“cc”), blind courtesy copy (“bcc”), subject, sent

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time/date, received time/date, last modification time, and read status.
Paper documents amenable to being imaged will be produced as images on optical disks

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(i.e., CDs or DVDs) or external hard drives accompanied by load files. Paper documents may be

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produced in black-and-white or color, but if a producing party intends to rely in any brief or

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hearing on an aspect of a document that requires review in color, the party shall produce that

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document in color. Each image will bear a unique production number and any applicable

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confidentiality language pursuant to the Protective Order used in this litigation. Paper documents

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produced in this manner will be accompanied by load files with searchable text. If a party desires

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A Professional Corporation
San Francisco

Ropers Majeski Kohn & Bentley

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additional information about a particular paper document produced in this form the parties will

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meet and confer regarding the appropriate means to supply the additional information.

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If a party identifies responsive documents or information in a form that cannot reasonably

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be produced in its native format or imaged, that party shall inform the requesting party of the

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existence of such records. The parties shall then meet and confer regarding the appropriate means

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for producing or permitting inspection of such records.

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If a party learns of responsive documents or information that are not reasonably

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accessible, or if a party learns facts that cause the party to suspect that responsive documents or

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information are present in a location or form that is not reasonably accessible, that party shall

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inform the requesting party of the existence of such records or of the reasons for its suspicions

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that such records may exist. The parties shall then meet and confer regarding the appropriateness

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of producing or permitting inspection of such records, and of any appropriate cost sharing. The

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parties agree not to degrade the searchability of documents as part of the document production

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process.

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6.

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

DOCUMENTS PROTECTED FROM DISCOVERY

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document, whether inadvertent or otherwise, is not a waiver of privilege or protection from

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discovery in this case or in any other federal or state proceeding. For example, the mere

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production of privileged or work-product-protected documents in this case as part of a mass
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STIPULATED REQUEST FOR ORDER GOVERNING
DISCOVERY OF ELECTRONICALLY STORED
INFORMATION - 16-CV-02851

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

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parties agree that privileged and/or work-product-protected communication to or from trial

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counsel post-dating the filing of the Complaint need not be placed on a privilege log.

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This Stipulated Order may be modified by a Stipulated Request of the parties, subject to

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MODIFICATION

Court approval, or by the Court for good cause shown.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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A Professional Corporation
San Francisco

Ropers Majeski Kohn & Bentley

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Dated: February 9, 2017

ROPERS, MAJESKI, KOHN & BENTLEY

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By: /s/ Lael D. Andara
STEPHEN J. ERIGERO
TIMOTHY J. LEPORE
LAEL D. ANDARA
MARIE E. SOBIESKI
Attorneys for Plaintiffs
EQUALIA, LLC and HOVERBOARD
TECHNOLOGIES CORPORATION

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Dated: February 9, 2017

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By: /s/ Steven Rinehart
STEVEN RINEHART
PHILLIP RINEHART
Attorneys for Defendants
KUSHGO LLC, ARTHUR
ANDREASYAN, and
HALO BOARD LLC

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4837-3627-1426.1

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STIPULATED REQUEST FOR ORDER GOVERNING
DISCOVERY OF ELECTRONICALLY STORED
INFORMATION - 16-CV-02851

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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED:
The Parties’ Stipulated Request for an Order Governing Discovery of Electronically
Stored Information is adopted.

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________________________________
______________________

Dated: ____________, 2017

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A Professional Corporation
Redwood City

Ropers Majeski Kohn & Bentley

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4837-3627-1426.1

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STIPULATED REQUEST FOR ORDER GOVERNING
DISCOVERY OF ELECTRONICALLY STORED
INFORMATION