SG Gaming, Inc. v. Irarrazaval

Filing 17

ORDER granting ECF No. #15 Stipulation re ESI Protocol, Signed by Magistrate Judge Cam Ferenbach on 8/1/2022. (Copies have been distributed pursuant to the NEF - DRM)

Case 2:22-cv-00890-ART-VCF Document 17 Filed 08/01/22 Page 1 of 11

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710 SOUTH SEVENTH STREET, SUITE A, LAS VEGAS, NEVADA 89101
Phone: [phone] • Fax: [phone]
www.campbellandwilliams.com

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CAMPBELL & WILLIAMS
PHILIP R. ERWIN, ESQ. (11563)
[e-mail]
SAMUEL R. MIRKOVICH (11662)
[e-mail]
710 South Seventh Street, Suite A
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
SG Gaming, Inc.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SG GAMING, INC., a Nevada corporation,
Plaintiff,

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vs.

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JUAN PABLO IRARRAZAVAL, an
individual

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CASE NO.: 2:22-cv-00890-ART-VCF
STIPULATED ESI PROTOCOL

Defendant,

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Plaintiff SG Gaming, Inc. and Defendant Juan Pablo Irarrazaval, by and through their
undersigned counsel, collectively referred to herein as the “Parties” and individually as a “Party,”

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hereby stipulate to the following protocol as set forth for the production of Discoverable

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Documents and Electronically Stored Information ("ESI"). As used in this document, the term

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"Discoverable Documents and Electronically Stored Information" means discoverable documents

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and data existing in electronic form consistent with Federal Rule of Civil Procedure 34(a),
including by way of example and not by way of limitation (where relevant and not privileged) email, calendars, word processing documents, spreadsheets, electronic slide presentations,

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databases, and other reasonably accessible electronically stored information relevant to the subject

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matter of this case pursuant to FRCP 26(b)(l).

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710 SOUTH SEVENTH STREET, SUITE A, LAS VEGAS, NEVADA 89101
Phone: [phone] • Fax: [phone]
www.campbellandwilliams.com

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Any party, any person or non-party producing or disclosing ESI pursuant to the terms set
forth below is referred to as the "Producing Party," and the party or any person or non-party
receiving or being given access to ESI is referred to as the "Receiving Party."
1. Electronic Discovery. Discovery of electronically stored information shall proceed in
the following sequenced fashion:
(a) After receiving requests for document production, the Producing Party shall conduct a
reasonable and good faith search for responsive documents and electronically stored information.
A Producing Party will disclose to a Requesting Party the existence of those sources of

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electronically stored information that it believes contain responsive information and that are not

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reasonably accessible, and, to the extent necessary, the Parties will meet and confer concerning

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such information that has been identified as not reasonably accessible, but a Producing Party shall

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not have an obligation initially to search or produce from sources of electronically stored

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information that it identifies as not reasonably accessible because of undue burden or cost in
accordance with FRCP 26(b)(2) and no such obligation will exist unless and until a showing of
good cause is made by the Requesting Party that such searches and production are necessary
pursuant to FRCP 26(b)(2);

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(b) The Producing Party retains its right to argue that certain sources of electronically stored

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information are not reasonably accessible because of undue burden or cost and further retain its

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right to seek cost shifting, as appropriate, in the event a Requesting Party demands and shows good
cause supporting production from sources that were deemed by the Producing Party as not

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reasonably accessible; and
(c) On-site inspections of electronic media under FRCP 34(a) shall not be permitted, unless

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(i) otherwise agreed to by the parties; or (ii) absent exceptional circumstances where good cause

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and specific need have been demonstrated and it is so ordered by the Court.

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Case 2:22-cv-00890-ART-VCF Document 17 Filed 08/01/22 Page 3 of 11

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that originally existed in electronic form that are produced in these proceedings shall be produced

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in electronic image form (described below) in the manner provided herein. Documents that

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originally existed in paper form may be produced in an electronic image form in the manner

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provided herein, produced in a paper form or made available for initial examination as outlined in

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710 SOUTH SEVENTH STREET, SUITE A, LAS VEGAS, NEVADA 89101
Phone: [phone] • Fax: [phone]
www.campbellandwilliams.com

2. General Format of Production. Subject to the provisions of paragraph 4, documents

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paragraph 3. Notwithstanding the foregoing provisions of this paragraph, the Producing Party
reserves the right to request that an alternative format or method of production be used for certain
documents and, in that event, the parties will meet and confer to discuss alternative production
requirements, concerns, formats, methods and costs associated with same.

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3. Initial Examination of Records. The Producing Party reserves the right to make

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certain sets of documents available for initial examination by the Requesting Party. The Requesting

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Party will select those documents it wishes to have produced. The Producing Party reserves the

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right to review and screen for privilege or protection any document that is selected for production.
The Producing Party may withhold from that production any privileged document and identify the
privileged document on a privilege log as outlined in paragraph 17 herein. The parties agree that

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the Producing Party is not waiving, and the Requesting Party will not argue that the Producing

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Party has waived, any claims of attorney-client privilege, attorney work product protection, or any

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other privilege or protection by making documents available for examination. In the event the

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Producing Party becomes aware of an inadvertent disclosure/production of privileged information
or a privileged document, Sections 20 and 21 of this Order shall govern.

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4. Document Image Format. The Producing Party shall make good faith efforts to
conform to the specifications in this section based on the party's technological capabilities.

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Document images produced in electronic form will be produced in single- or multi-page Tagged

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Image File Format (“TIFFs” or “.tiff format”). All images generated from hard copy documents

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shall be scanned as black and white images at-least 300 d.p.i. resolution and shall be saved and
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Case 2:22-cv-00890-ART-VCF Document 17 Filed 08/01/22 Page 4 of 11

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complete information contained on the original document. All images generated from native

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electronic documents shall be saved electronically ( or “printed”) in a Group 4 compression single-

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or multi-page “TIFF” image that reflects the full and complete information contained on the

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original document. All images generated from short message service (SMS) and multimedia

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710 SOUTH SEVENTH STREET, SUITE A, LAS VEGAS, NEVADA 89101
Phone: [phone] • Fax: [phone]
www.campbellandwilliams.com

produced in a Group 4 compression single- or multi-page “TIFF” format and reflect the full and

messaging service (MMS) shall be produced in searchable .txt files or saved electronically (or
“printed”) in a Group 4 compression single-or multi-page “TIFF” image that reflects the full and
complete information contained in the SMS or MMS. Documents that present imaging or other

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formatting problems shall be promptly identified and the parties shall meet and confer to attempt

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to resolve the problems.

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Meta-data for documents generated from native electronic documents shall be provided as

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set forth in paragraph 11. The parties shall meet and confer to the extent reasonably necessary to

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facilitate the import and use of the produced materials with commercially available document
management or litigation support software (such as Relativity or Concordance).
Notwithstanding the foregoing provisions of this paragraph, the parties recognize that as

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the case progresses it may be appropriate to allow the parties to produce certain files (e.g., Excel,

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Lotus 123, or other spreadsheets; e-mails; reports from databases) in native electronic form or (ii)

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in a Group 4 compression single-or multi-page “TIFF” image, due to undue burden or cost for a

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Producing Party. Thus, the parties agree to meet and confer in such circumstances in order to reach
a reasonable, alternative form of production.

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5. Document Unitization. If hard copy documents are scanned into an electronic form,
the unitization of the document and any attachments shall be maintained to the extent possible as

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it existed in the original when creating the image file. For documents that contain affixed notes,

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the pages will be scanned both with and without the notes and those pages will be treated as part

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of the same document. The relationship of documents in a document collection (e.g., cover letter
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710 SOUTH SEVENTH STREET, SUITE A, LAS VEGAS, NEVADA 89101
Phone: [phone] • Fax: [phone]
www.campbellandwilliams.com

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and enclosures, e-mail and attachments, binder containing multiple documents, or other documents
where a parent-child relationship exists between the documents) shall be maintained through the
scanning or conversion process.
6.

Color. If an original document contains color, the Producing Party shall honor

reasonable requests for either the production of an original document for inspection and copying
or production of a color image of the document. The Requesting Party agrees to pay for reasonable
costs associated with the color scanning and production of color images of documents already
produced.

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7. Duplicates. Where a party has more than one identical copy of an electronic document

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(i.e., the documents are visually the same and contain the same electronic text), the Producing

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Party need only produce a single copy of that document. Furthermore, the parties are not required

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to produce multiple instances of an electronic message sent to multiple recipients, provided that

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all of the recipients (including “blind carbon copy” recipients) can be identified from documents
or electronically stored information produced pursuant to this protocol and, as described in the
remainder of this paragraph, and no information is missing from the electronic message.

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8. Bates Numbering. Each page of a non-native imaged produced document shall have a

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legible, unique page identifier (“Bates Number”) electronically “burned” onto the image at a

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location that does not unreasonably obliterate, conceal, or interfere with any information from the

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source document. No other legend or stamp will be placed on the document image other than a
confidentiality legend (where applicable), redactions, the Bates Number identified above, and any

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other internal tracking number that the Producing Party may choose to use. The confidential legend
shall be “burned” onto the document's image at a location that does not unreasonably obliterate or
obscure any information from the source document.

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9. File Naming Conventions. Each page image file shall be named with the unique Bates

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Number of the page of document, followed by the extension “.TIF” when available. In the event
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symbol and/or character will be omitted from the file name. Each native file shall will be named

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with its bate number and include followed by the document-type extension (e.g., “.DOC”, “.PDF”,

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“.XLS”, “.HTM”, etc.)

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710 SOUTH SEVENTH STREET, SUITE A, LAS VEGAS, NEVADA 89101
Phone: [phone] • Fax: [phone]
www.campbellandwilliams.com

the Bates Number contains a symbol and/or character that cannot be included in a file name, the

10. Production Media. A Producing Party shall produce documents that it produces in an
electronic image form pursuant to paragraph 2 on CD-ROM, DVD, external hard drive, File
Transfer Protocol (“FTP”) or such other readily accessible computer or electronic media as the
parties may hereafter agree upon (the “Production Media”). Information that shall be identified on

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the physical Production Media shall include: (1) a reference to this case number, (2) the Producing

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Party's name, and (3) the production date. The Bates Number range(s) of the materials on the

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Production Media shall also be contained on the Production Media, and where not practicable to

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do so may be provided in an accompanying letter. If the Producing Party encrypts or “locks” the

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production, the Producing Party shall include with the production an explanation of how to decrypt
the files.
The Producing Party agrees to produce the electronic discovery in TIFF format per

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paragraph 4, with OCR text files and the appropriate document breaks contained in a Relativity or

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Concordance .dat load file. Additionally, all pages will be scanned from paper using the standard

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Group IV, 2-Dimension single page Tagged Image File Format (TIFF), or JPEG when necessary

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for color photographs, or black and white pages requiring grey scale.
11. Meta-Data. To the extent a Producing Party extracts any of the below metadata fields

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associated with its production, the Producing Party will produce those metadata fields to the
Requesting Party with a load file with each production:

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a.

Subject Line;

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b.

Sent Date;

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c.

From;
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Case 2:22-cv-00890-ART-VCF Document 17 Filed 08/01/22 Page 7 of 11
d.

Recipients (s)/To;

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Copyee(s)/CC;

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f.

Blind Copyee(s)/BCC;

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g.

File Name;

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h.

Author;

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Document Date;

j.

Document Type;

k.

File Extension;

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l.

Last Modified Date;

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m.

Track Changes (no markup);

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n.

Starting Bates (Beginning document Bates number);

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o.

Ending Bates (Ending document Bates number);

p.

Begin Attach (Beginning Bates number for any attachment or range of

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710 SOUTH SEVENTH STREET, SUITE A, LAS VEGAS, NEVADA 89101
Phone: [phone] • Fax: [phone]
www.campbellandwilliams.com

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attachments);

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q.

attachments); and

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End Attach (Ending Bates number for any attachment or range of

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Source (Custodian/Location from which Document was collected).

Alternatively, a Producing Party can satisfy its obligations under subparagraphs p. and q.
above by providing information sufficient to identify any attachments to the documents produced.
The meta-data listed above shall be labeled and produced on Production Media and shall be

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provided in a manner suitable for importing the information in a commercially available document
management or litigation support software such as Relativity or Concordance.

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For avoidance of doubt, the obligation to produce metadata pursuant to this paragraph is

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triggered only where such metadata information is available and extraction would not constitute

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an undue burden or expense. Where such metadata information is not available and/or not capable
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Case 2:22-cv-00890-ART-VCF Document 17 Filed 08/01/22 Page 8 of 11

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any Producing Party.

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12. Search Terms and Custodians. Upon the reasonable request of a Party, the Parties

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shall meet and confer on search terms to be used for electronic documents to identify electronic

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documents that will be reviewed for possible production pursuant to this Document Production

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710 SOUTH SEVENTH STREET, SUITE A, LAS VEGAS, NEVADA 89101
Phone: [phone] • Fax: [phone]
www.campbellandwilliams.com

of extraction without undue burden/expense, this paragraph shall not impose any obligations on

Protocol. The parties shall also meet and confer on custodians for electronic documents to identify
electronic documents that will be reviewed for possible production pursuant to this Document
Production Protocol.

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13. Databases. To the extent a response to discovery requires production of discoverable

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electronic information contained in a database, the parties shall meet and confer about the extent

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of the Producing Party's obligations in relation to the same.

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14.

Production of Other Electronic Documents. This Order only applies to the

production of the following categories of electronic documents: databases, e-mails (and any
associated attachments), word processing documents, spreadsheets, presentations, and imaged
documents (in any format). The parties shall meet and confer to agree on the form of any
production of electronic documents other than the foregoing.

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15. Exceptions to Protocol. If the forms of production allowed by this protocol present

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an undue burden or cost for a Producing Party, the parties shall meet and confer to agree on a

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reasonable, alternative form of production. Any party may file a motion to seek individual relief
from this protocol.

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16. Use of Documents. When documents produced in accordance with this Order are used
in any Proceeding herein, including depositions, hearings, or trial, the image copy of documents

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as described in Paragraph 4 shall be the copy used. Extracted text shall not be used in any

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Proceeding as a substitute for the image of any document.

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a similar electronic format that allows text searching and organization of data. A Producing Party

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will produce a privilege log within 120 days after the completion of its document production. The

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production of a privilege log for a custodian will be not less than 30 days prior to a custodian's

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deposition. The parties may modify the deadlines for production of privilege logs by agreement.

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710 SOUTH SEVENTH STREET, SUITE A, LAS VEGAS, NEVADA 89101
Phone: [phone] • Fax: [phone]
www.campbellandwilliams.com

17. Privilege Logs. The Producing Parties will produce privilege logs in Excel, Word, or

When there is a chain of privileged e-mails, the Producing Party must log each e-mail
contained within the chain separately. Distinct claims of privilege within an email chain must be
separately identified, and parties shall be required to produce any non-privileged emails or

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information contained within the chain. To the extent available, the privilege log will contain the

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following metadata fields: the custodian, document type (e.g., email, Word document, Excel

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spreadsheet, etc.), date last modified or sent, file name, and, if an email or email chain, the

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sender(s) and the recipient(s) (to, cc, and bee). The Producing Party will also include on the log

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control number, privilege description, and privilege assertion. If a party redacts a responsive
document, that party will provide a redaction log identifying each document that contains a
redaction and the reason for the redaction. The production of a privilege log for a custodian will

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be not less than ten (10) days prior to a custodian's deposition. The parties may modify the

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deadlines for production of privilege logs by agreement.

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18. Costs of Production. The parties reserve the right to seek cost shifting as appropriate
at a later time.
19. Discovery and Admissibility. Nothing in this Order shall be construed to affect the

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discoverability or admissibility of any document or data. All objections to the discoverability or
admissibility of any document or data are preserved and may be asserted at any time.

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20. Effect of Disclosure of Privileged Information. The Receiving Party hereby agrees

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to promptly return, sequester, or destroy any Privileged Information disclosed or produced by

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Disclosing or Producing Party upon request by Disclosing or Producing Party regardless of
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Party may sequester (rather than return or destroy) such Privileged Information only if it contends

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that the information itself is not privileged or otherwise protected and it challenges the privilege

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designation, in which case it may only sequester the information until the claim of privilege or

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other protection is resolved. If any party disputes the privilege claim ("Objecting Party"), that

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710 SOUTH SEVENTH STREET, SUITE A, LAS VEGAS, NEVADA 89101
Phone: [phone] • Fax: [phone]
www.campbellandwilliams.com

whether the Receiving Party disputes the designation of Privileged Information. The Receiving

Objecting Party shall object in writing by notifying the Producing Party of the dispute and the basis
therefore. The parties thereafter shall meet and confer in good faith regarding the disputed claim
within seven (7) court days after service of the written objection. In the event that the parties do

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not resolve their dispute, the Objecting Party may bring a motion for a determination of whether a

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privilege applies within ten (10) court days of the meet and confer session, but may only contest

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the asserted privileges on grounds other than the inadvertent production of such document(s). In

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making such a motion, the Objecting Party shall not disclose the content of the document( s) at

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issue, but may refer to the information contained on the privilege log. Nothing herein shall relieve
counsel from abiding by applicable ethical rules regarding inadvertent disclosure and discovery of
inadvertently disclosed privileged or otherwise protected material. The failure of any party to

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provide notice or instructions under this Paragraph shall not constitute a waiver of, or estoppel as

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to, any claim of attorney-client privilege, attorney work product, or other grounds for withholding

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production as to which the Disclosing or Producing Party would be entitled in this action.

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///

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///

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///

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inadvertently produces a document that contains no discoverable information, the Producing Party

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may request in writing that the Receiving Party return the document, and the Receiving Party will

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return the document. A Producing Party may not request the return of a document pursuant to this

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section if the document contains any discoverable information.

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710 SOUTH SEVENTH STREET, SUITE A, LAS VEGAS, NEVADA 89101
Phone: [phone] • Fax: [phone]
www.campbellandwilliams.com

21. Inadvertent Production of Non-Discoverable Documents. If a Producing Party

Respectfully submitted,
DATED this 28th day of July, 2022.
CAMPBELL & WILLIAMS

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By /s/ Philip R. Erwin
PHILIP R. ERWIN, ESQ (#11563)
SAMUEL R. MIRKOVICH, ESQ. (#11662)
710 South Seventh Street, Suite A
Las Vegas, Nevada 89101

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Attorneys for Plaintiff SG Gaming, Inc.

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WEINBERG, WHEELER, HUDGINS, GUNN & DIAL, LLC
By /s/ Carol P. Michel
CAROL P. MICHEL, ESQ. (#11420)
MATTHEW I. KRAMER, ESQ. (#15261)
JONATHAN J. WINN, ESQ. (#12896)
6385 S. Rainbow Boulevard, Suite 400
Las Vegas, Nevada 89118
Attorneys for Defendant Juan Pablo Irarrazaval

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IT IS SO ORDERED.

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______________________________
Cam Ferenbach
United States Magistrate Judge

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DATED ________________________

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8-1-2022

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