Broadcast Music, Inc. et al v. Stacey Jane's LLC et al

Filing 17

ORDER approving 16 Discovery Plan. Length of Trial 1-2 days. Case Track: Expedited. PRETRIAL CONFERENCE CANCELLED. So Ordered by Magistrate Judge Landya B. McCafferty. Summary Judgment Motions due by 8/16/2013. Dispositive Motion Filing Deadline 7/16/2013. Miscellaneous Deadline set for 5/1/2013.(mm)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

Broadcast Music, Inc., et al.
v.

Civil No. 13-cv-064-PB

Stacey Jane’s LLC, et al.

NOTICE OF RULING
Re:

Document No. 16, Proposed Discovery Plan

The parties’ proposed discovery plan (doc. no. 16) is approved.
However, the court orders the parties to file a supplement to
the plan for the reasons explained below.
The parties’ statement regarding electronic discovery is
inadequate. Rule 26(f)(3)(C) requires that a plan “must”
include the parties’ views on electronic discovery “including
the form or forms in which it should be produced . . . .” The
parties’ proposed discovery plan includes nothing about any
agreement(s) with respect to electronic discovery, stating
instead that the “parties do not anticipate disclosures or
discovery of electronically stored information pursuant to Fed.
Rule Civ. Pro. 26(f).” More is required under the rule.
Accordingly, the parties are ordered to meet and confer and
file, on or before May 1, 2013, a joint motion to supplement the
discovery plan that outlines more specifically their
plans/agreements with respect to electronic discovery. The
court refers the parties to the following outline of potential
issues to discuss:
1. Preservation. Counsel should attempt to agree on steps
the parties will take to segregate and preserve ESI in
order to avoid accusations of spoliation.

2. E-mail Information. Counsel should attempt to agree on
the scope of e-mail discovery and e-mail search
protocol.
3. Back-up and Archival Data. Counsel should attempt to
agree on whether responsive back-up and archival data
exists, the extent to which back-up and archival data is
reasonably accessible, and who will bear the cost of
obtaining such data.
4. Format and Media. Counsel should attempt to agree on the
format and media to be used in the production of ESI,
and whether production of some or all ESI in paper form
is agreeable in lieu of production in electronic format.
5. Reasonably Accessible Information and Costs. Counsel
should attempt to determine if any responsive ESI is not
reasonably accessible, i.e., is accessible only by
incurring undue burdens or costs.
6. Privileged or Trial Preparation Materials. Counsel also
should attempt to reach agreement regarding what will
happen in the event privileged or trial preparation
materials are inadvertently disclosed. See Fed. R.
Evid. 502.
Disclosure of claims against unnamed parties and third party
actions must be filed on or before August 16, 2013.
In light of the court's approval of the parties' proposed
discovery plan subject to the aforementioned modifications, the
pretrial conference currently scheduled to occur on April 16,
2013, is cancelled.
Trial in this case is scheduled for the two-week trial period
beginning January 7, 2014.

__________________________
Landya McCafferty
United States Magistrate Judge
Date: April 10, 2013
cc: Jacqueline C. Fitzgerald Boyd, Esq.
Todd A. Sullivan, Esq.
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