U.S.Bank National Association v. Bank of America, N.A.

Filing 111

STIPULATION FOR THE EXCHANGE OF ELECTRONICALLY STORED INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Paul G. Gardephe on 11/19/2021) (ks)

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Case 1:15-cv-08153-PGG Document 108 Filed 11/18/21 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK U.S. BANK NATIONAL ASSOCIATION, as successor to Wells Fargo Bank, National Association, as Trustee for the Registered Holders of Citigroup Commercial Mortgage Trust 2007-C6, Commercial Mortgage PassThrough Certificates, Series 2007-C6, acting by and through Its Special Servicer LNR PARTNERS, LLC, Plaintiff, Case No. 15-cv-08153 (PGG) STIPULATION FOR THE EXCHANGE OF ELECTRONICALLY STORED INFORMATION v. BANK OF AMERICA, N.A., Defendant. The following procedures and obligations for the exchange and production of electronically stored information (“ESI”) are hereby STIPULATED AND AGREED by and between the parties hereto, through undersigned counsel: 1. General Applicability and Modification (a) If a provision of this agreement (the “ESI Stipulation”) conflicts with the terms of the Stipulated Confidentiality Agreement and Protective Order (the “Confidentiality Stipulation”) previously entered in this action, the Confidentiality Stipulation will control absent further order of the court. (b) Should either party determine in good faith that it cannot proceed as required by this ESI Stipulation, the parties agree to meet and confer to resolve any dispute. Should the Parties be unable to resolve any such issue, they may then seek the Court’s assistance. AmericasActive:16093910.2 1 Case 1:15-cv-08153-PGG Document 108 Filed 11/18/21 Page 2 of 8 (c) This ESI Stipulation shall also govern productions made by any third party who is subpoenaed in this action, unless otherwise agreed to by the issuing party and the third party. Accordingly, this ESI Stipulation should be attached to any subpoena issued in this action. 2. Format of Files for Production (a) Digitized Paper Documents: (i) Documents originally in paper/physical form will be digitized into single- page, group IV (G4) format, black and white TIFF files at 300 dpi and be 8 ½ x 11 inch page size, except for documents requiring higher resolution or different page size. (ii) In scanning paper documents, distinct documents should not be merged into a single record, and single documents should not be split into multiple records (i.e., paper documents should be logically unitized). The Parties will make their best efforts to have their vendors unitize documents correctly and will commit to address situations where there are improperly unitized documents. (iii) Every filename will match the document’s Bates number, and be zero padded with no blank spaces; i.e., D000000001 (Defendant’s Bate Stamp Page 1, P000820009 (Plaintiff’s Bate Stamp Page 000820009); (iv) The Parties will include with each production delivery an archival image link file as agreed (i.e., an Opticon (.OPT) file or similar). (v) The Parties will include standard Concordance default delimited text files as agreed in .DAT or similar format, and will include all available fielding data, including but not limited to: (1) beginning and ending Bates numbers, (2) beginning and ending attachment numbers, (3) number of pages, and (4) source location/custodian. (vi) The parties will apply Optical Character Recognition (OCR) software to all applicable documents and create document level OCR-searchable files in .TXT format for AmericasActive:16093910.2 2 Case 1:15-cv-08153-PGG Document 108 Filed 11/18/21 Page 3 of 8 document. The OCR software should be set to the highest quality setting during processing. The file name of each such .TXT file should correspond to the file name of the first image file of the document with which it is associated. The text files will not contain the redacted portions of the documents. (b) Documents Originating Electronically: Standard electronic documents, emails, and presentations will be produced as TIFF images in the manner described above in Paragraph 2(a); however, all attachments, addendums, enclosures, and/or exhibits to a parent documents will be produced and identified as they relate to the respective parent document. (i) Digital documents will be produced with corresponding .TXT files as outlined above in Paragraph 2(a), as well as extracted metadata fields (where available), as agreed and set forth in the Metadata Table contained in Appendix A below. (ii) All TIFF files are to be provided with an accompanying searchable text (.TXT) file extracted from the native, electronic file (not generated as an OCR file from the TIFF image(s)), and such text files shall contain the full text extraction. To the extent reasonably feasible, extracted text shall provide all comments, tracked changes, speaker’s notes, and text from hidden worksheets, slides, columns and rows. In the case of files with redacted text, OCR’d text of the redacted documents may be provided in lieu of extracted text. OCR software should be set to the highest quality setting during processing. (iii) Extracted text, as opposed to OCR text, delivered with production and formatted in .TXT file as above with OCR text files. AmericasActive:16093910.2 3 Case 1:15-cv-08153-PGG Document 108 Filed 11/18/21 Page 4 of 8 (iv) The Parties will produce the following ESI types in native file format: (1) Excel spreadsheets, (2) audio/visual files, and (3) PowerPoint presentations. Any documents produced in native file format will be produced according to the following specifications: • A unique Bates number and confidentiality designation shall be used as the file name and the original file name and file extension shall be preserved in the corresponding load file. • The native file format documents shall be accompanied by reference information that sets forth for each document, sufficient information to allow the Parties to track and authenticate the native format documents produced, including: (i) the name of the custodian from whose files the electronic file is produced; (ii) an appropriately calculated "MD-5 Hash Value"; (iii) the original name of the file; and (iv) a Bates number. • Any file produced in native format need not be imaged. Instead, a single page placeholder image shall be provided that indicates the file was produced in native format and contains the Bates number and Confidentiality designation of the corresponding file. (v) The Parties agree to meet and confer regarding the production format for any databases or other structured data that are not easily convertible to TIFF images and/or require specialized software to view and/or process the responsive data. 3. Deduplication (Global) (a) Each Party will de-duplicate ESI globally for exact duplicate documents (based on MD5 or SHA-1 hash values at the parent document level). This will result in the Producing Party producing only a single copy of responsive Duplicate ESI, provided that all other custodians of the AmericasActive:16093910.2 4 Case 1:15-cv-08153-PGG Document 108 Filed 11/18/21 Page 5 of 8 Duplicate ESI are listed in the "Duplicate Custodians" (or similar name) field. The Parties shall de-duplicate stand-alone documents against stand-alone documents and shall de-duplicate toplevel email documents against top-level email documents. De-duplication shall not break apart families. Common system and program files as defined by the NIST library need not be processed, reviewed or produced. (b) The Parties will retain all de-duplicated documents for the duration of the action or as agreed. 4. Confidentiality Designations and ESI From Other Individuals/Entities: The Parties will designate documents as confidential or otherwise according to the terms of the Confidentiality Stipulation. 5. Proprietary or Third Party Software To the extent that information produced pursuant to this Protocol cannot be rendered or viewed without the use of proprietary or third-party software, the Parties shall meet and confer to minimize any expense or burden associated with the production of such information in an acceptable format. 6. Production Media The Parties shall produce documents electronically via a secure File Transfer Protocol (“FTP”) rather than through physical media (e.g., CD, DVD, or hard drive), unless such electronic transmission is impracticable, or the otherwise Parties agree on a different method of transmission. The produced documents shall be password protected and/or encrypted. AmericasActive:16093910.2 5 Case 1:15-cv-08153-PGG Document 108 Filed 11/18/21 Page 6 of 8 Dated: November 18, 2021 VENABLE LLP WINSTON & STRAWN LLP /s/ Gregory A. Cross Gregory A. Cross Colleen Mallon Casse (pro hac vice) 750 East Pratt Street, Suite 900 Baltimore, Maryland 21202 Telephone: (410) 244-7400 /s/ Luke A. Connelly Luke A. Connelly 200 Park Avenue New York, NY 10166 Telephone: (212) 294-6700 Attorneys for Plaintiff Attorney for Defendant November 19, 2021 Dated: __________________ New York, New York SO ORDERED. _________________________ Paul G. Gardephe United States District Judge AmericasActive:16093910.2 6 Case 1:15-cv-08153-PGG Document 108 Filed 11/18/21 Page 7 of 8 APPENDIX A Field Name PRODBEG Sample Data P000000222 PRODEND P000000222 BEGATTACH P000000222 ENDATTACH P000000229 CUSTODIAN Adams, John; johnadams@1776.gov DUPLICATE CUSTODIAN Franklin, Ben; Hancock, John, Whipple, William FROM AUTHOR Adams, John Jefferson, Thomas TO BCC Hancock, John[mailto: HANCOCK@JOHNHANCOC K.com] Franklin, Ben [mailto: bennyf@1776.com] NA SUBJECT Declaration w/ edits CC FILENAME FILE_PATH FILE_EXTEN i.e., MSG, DOCX, PDF, etc. FILE_SIZE DATE_SENT 7/3/1776 AmericasActive:16093910.2 7 Description First Bates number of native file document/email Last Bates Number of native file document/email (single-page documents will list beginning and ending Bates number) Beginning Bates number of the first document in an attachment range (e-mail only) Ending Bates number of the last document in an attachment range. Email: mailbox in which the file was located Native: Individual who originated the document When global deduplicating has been employed, the custodians who had duplicates of the identical document Email author/sender Author of native document (MS Word, etc.) Recipient(s) of email separated by semicolon Carbon copy recipient(s) of email Blind carbon copy recipient(s) of email Email: subject line Native: document title File name — Original name of file as appeared in original` location File path of the original storage location of the document or email File extension of email or native document Size or volume of individual file Email: date the email was sent Case 1:15-cv-08153-PGG Document 108 Filed 11/18/21 Page 8 of 8 DATE_RECEIVED 7/4/1776 TIME_SENT 12:59 AM TIME_RECEIVED 1:05 AM DATE_CREATED DATE_MOD 6/1/2009 10/12/2010 PGCOUNT 1 NATIVE_LINK D:\1969\ P000000222.MSG Full Text Path D:\1969\ P000000222.txt MD5/SHA1 E4d909c290d0fb1ca068ffaddf22 cbd0 CONFIDENTIALITY REDACTION AmericasActive:16093910.2 8 Email: date the email was received Email: time at which email was sent on date in date field Email: time at which email was received Date native document was created Date native document was last modified Total pages of each original document/email Hyperlink to web address, named uniformly with first bates of parent document UNC path to text files of extracted/OCR text (unless redacted) Hash code created for file in connection with deduplication Confidentiality designation for produced documents Identifies if a document has been redacted.

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