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`UNITED STATES DISTRICT COURT
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`CENTRAL DISTRICT OF CALIFORNIA
`
`ANCORA TECHNOLOGIES,
`INC.
`
`Case No. 8:19-cv-02192-GW(ASx)
`(LEAD CASE)
`
`Plaintiff,
`
`v.
`
`Consolidated Case No.:
`Case No. 2:20-cv-01252-GW-ASx
`
`TCT MOBILE (US) INC.,
`HUIZHOU TCL MOBILE
`COMMUNICATION CO.,
`LTD., and SHENZHEN TCL
`CREATIVE CLOUD
`TECHNOLOGY CO., LTD.,
`
`Defendants.
`
`[Hon. George H. Wu]
`[Hon. Alka Sagar]
`
`[PROPOSED] ORDER
`
`STIPULATED E-DISCOVERY ORDER
`Case No. 8:19-cv-02192-GW-ASx
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`UNITED STATES DISTRICT COURT
`
`CENTRAL DISTRICT OF CALIFORNIA
`
`ANCORA TECHNOLOGIES,
`INC.
`
`Case No. 8:19-cv-02192-GW(ASx)
`(LEAD CASE)
`
`Plaintiff,
`
`v.
`
`Consolidated Case No.:
`Case No. 2:20-cv-01252-GW-ASx
`
`TCT MOBILE (US) INC.,
`HUIZHOU TCL MOBILE
`COMMUNICATION CO.,
`LTD., and SHENZHEN TCL
`CREATIVE CLOUD
`TECHNOLOGY CO., LTD.,
`
`Defendants.
`
`[Hon. George H. Wu]
`[Hon. Alka Sagar]
`
`[PROPOSED] ORDER
`
`STIPULATED E-DISCOVERY ORDER
`Case No. 8:19-cv-02192-GW-ASx
`
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`1.
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`This Order supplements all other discovery rules and orders. It
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`streamlines production of Electronically Stored Information (“ESI”) to promote a
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`“just, speedy, and inexpensive determination” of this action, as required by Federal
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`Rule of Civil Procedure 1.
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`2.
`
`3.
`
`This Order may be modified by the Court for good cause shown.
`
`A party’s meaningful compliance with this Order and efforts to promote
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`efficiency and reduce costs will be considered in cost-shifting determinations.
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`4.
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`Absent a showing of good cause, general ESI production requests under
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`Federal Rules of Civil Procedure 34 and 45, or compliance with a mandatory
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`disclosure requirement of this Court, shall not include metadata. But fields showing
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`the date and time that the document was sent and received, as well as the complete
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`distribution list, shall be included in the production if such fields exist.
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`5.
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`Absent agreement of the parties or further Court order, the following
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`parameters apply to ESI production:
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`a. General Document Image Format. Each electronic document shall be
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`produced in multi-page Portable Document Format (“PDF”). PDF files
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`shall be named with a unique production number followed by the
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`appropriate file extension. Load files stating the location and unitization
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`of the PDF files shall be provided. If a document is more than one page,
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`the unitization of the document and any attachments and/or affixed notes
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`shall be maintained as they existed in the original document.
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`b. Text-Searchable Documents. Documents shall be produced in text
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`searchable format at no cost to the receiving party.
`
`STIPULATED E-DISCOVERY ORDER
`Case No. 8:19-cv-02192-GW-ASx
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`c. Footer. Each document image shall contain a footer with a sequentially
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`ascending production number.
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`d. Native Files. Microsoft Excel files, databases, audio/visual, or media
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`files shall be produced as Native Files. For Excel and other spreadsheet
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`files, the Parties agree to produce a single slipsheet for each Excel file
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`branded with the text “File Produced In Native Format” along with the
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`corresponding Bates number and confidentiality designation. A party
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`may make a reasonable request to receive additional documents in its
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`native format, and upon receiving such a request, the producing party
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`shall produce the document in its native format.
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`e. No Backup Restoration Required. Absent a showing of good cause, no
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`party need restore any form of media upon which backup data is
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`maintained in a party’s normal or allowed processes, including but not
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`limited to backup tapes, disks, SAN, and other forms of media.
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`f. Voicemail and Mobile Devices. Absent a showing of good cause,
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`voicemails, PDAs, and mobile phones are deemed not reasonably
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`accessible and need not be collected and preserved.
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`6.
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`General ESI production requests under Federal Rules of Civil Procedure
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`34 and 45, or compliance with a mandatory disclosure order, shall not include email
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`or other forms of electronic correspondence (collectively “email”). To obtain email,
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`parties must propound specific email production requests.
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`7.
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`In the event any party makes a good faith determination that email
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`discovery is reasonably likely to result in production of noncumulative discovery that
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`is relevant to any party’s claim or defense and proportional to the needs of the case
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`STIPULATED E-DISCOVERY ORDER
`Case No. 8:19-cv-02192-GW-ASx
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`pursuant to Fed. R. Civ. P. 26(b)(1), the parties shall meet and confer in an effort to
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`come to agreement as to whether email discovery is necessary and, if so, a framework
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`for conducting email discovery that fairly accounts for the likelihood of actually
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`discovering relevant email and the burden and expense to the producing party.
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`8.
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`Under Federal Rule of Evidence 502(d), the inadvertent production of
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`privileged or work product protected ESI is not a waiver in this case or in any other
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`federal or state proceeding.
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`9.
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`The mere production of ESI in litigation as part of a mass production
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`shall not itself constitute a waiver for any purpose.
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`10.
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`Except as expressly stated, nothing in this order affects the parties’
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`discovery obligations under Federal or Local Rules.
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`STIPULATED E-DISCOVERY ORDER
`Case No. 8:19-cv-02192-GW-ASx
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`
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`IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
`
` /s/ Kyle R. Canavera *
`John P. Schnurer, Bar No. 185725
`Yun (Louise) Lu, Bar No. 253114
`Kyle R. Canavera, Bar No. 314664
`PERKINS COIE LLP
`11452 El Camino Real, Suite 300
`San Diego, California 92130-2080
`Phone: (858) 720-5700
`kcanavera@perkinscoie.com
`llu@perkinscoie.com
`jschnurer@perkinscoie.com
`
`Attorneys for Defendants
`TCT Mobile (US) Inc., Huizhou TCL
`Mobile Communication Co., Ltd., and
`Shenzhen TCL Creative Cloud
`Technology Co., Ltd.
`
` /s/ John P. Rondini
`William E. Thomson, Jr. (SBN 47195)
`BROOKS KUSHMAN P.C.
`601 S. Figueroa Street, Suite 2080
`Los Angeles, California 90017-5780
`Phone: (213) 622-3003
`wthomson@brookskushman.com
`
`Marc Lorelli (Admitted pro hac vice)
`mlorelli@brookskushman.com
`John P. Rondini (Admitted pro hac vice)
`jrondini@brookskushman.com
`Mark A. Cantor (Admitted pro hac vice)
`mcantor@brookskushman.com
`John S. LeRoy (Admitted pro hac vice)
`jleroy@brookskushman.com
`BROOKS KUSHMAN P.C.
`1000 Town Center, 22nd Floor
`Southfield, MI 48075
`Phone: (248) 358-4400
`
`Attorneys for Plaintiff
`Ancora Technologies, Inc.
`
`DATED July 24, 2020
`
`DATED July 24, 2020
`
`FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
`
`July 28, 2020
`DATED: ____________
`
`/ s / Sagar
`_____________________________________
`Honorable Alka Sagar
`United States Magistrate Judge
`
`* Pursuant to Local Rule 5-4.3.4(a)(2), the filing party attests that TCL’s counsel
`concurs in the content of this stipulation and has authorized its filing with his
`electronic signature.
`
`STIPULATED E-DISCOVERY ORDER
`Case No. 8:19-cv-02192-GW-ASx
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