Case 4:17-cv-03745-PJH Document 43-1 Filed 10/05/17 Page 1 of 4
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`Exhibit A
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`Case 4:17-cv-03745-PJH Document 43-1 Filed 10/05/17 Page 2 of 4
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`Case Management Statement Exhibit A – Electronic Discovery Protocol
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`1.
`Preservation. The Parties acknowledge and agree to abide by their respective
`obligations to take reasonable steps to preserve discoverable documents and things in their
`possession, custody, or control.
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`a.
`Absent a showing of good cause by the requesting party, the Parties shall not
`be required to modify, on a going-forward basis, the procedures used by them in the
`ordinary course of business to back up or archive data; provided, however, that the Parties
`shall preserve the non-duplicative discoverable information currently in their possession,
`custody, or control.
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`Absent a showing of good cause by the requesting party, the following
`b.
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`categories of ESI need not be preserved, restored, collected, or produced:
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`deleted, slack, fragmented, unallocated, or other data only accessible
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`1.
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`by forensics;
`random access memory (RAM), temporary files, or other ephemeral
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`2.
`data that is difficult to preserve without disabling the operating system;
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`3.
`on-line access data such as temporary internet files, history, caches,
`cookies, and the like;
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`4.
`data in metadata fields that are frequently updated automatically,
`such as last-opened dates;
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`5.
`archival or disaster recovery back-up data;
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`6.
`voice and text messages;
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`7.
`instant messages that are not ordinarily printed or maintained in a
`server dedicated to instant messaging;
`electronic data (e.g. e-mail, calendars, contact data, notes, and text
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`8.
`messages) sent to or from mobile devices (e.g. iPads or other tablets and iPhones or
`other “smart” phones), provided that a copy of all such data is routinely saved
`elsewhere (such as on a server, laptop, desktop computer, or “cloud” storage);
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`9.
`server, system, or network logs;
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`10.
`electronic data temporarily stored by laboratory equipment or
`attached electronic equipment, provided that such data is not ordinarily preserved as
`a part of a laboratory report;
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`11.
`data remaining from legacy systems no longer in use that is
`unintelligible on the system now in use; and
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`12.
`social media pages or commentary.
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`Collection and Production. Each party shall be responsible for generating a
`2.
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`searching protocol that it believes in good faith will return a reasonably high proportion of
`documents and things responsive to each party’s requests for production. Each Party shall disclose
`its above-described searching protocol to all other parties in this case upon request; that is, each
`Party’s respective searching protocol or methodology is not protected from discovery by the
`attorney-client privilege or the work product doctrine. The Parties agree to work together with
`respect to requests for reasonable modifications or additions to their respective searching protocol
`or methodology. Consistent with this paragraph, the Parties may reach agreement on the scope of
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`Case 4:17-cv-03745-PJH Document 43-1 Filed 10/05/17 Page 3 of 4
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`and procedure for their respective document collection and production, in lieu of serving formal
`requests for production under Rule 34.
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`Production Format. The Parties agree to produce ESI in the following format in
`3.
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`line with Federal Rule of Civil Procedure 34(b)(1)(C):
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`a.
`at the producing party’s option, either native files or single page Group IV
`TIFF files imaged to at least 300 dpi, with each image endorsed with a Bates number;
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`load files that map to all of the TIFF images and depict the document
`b.
`boundaries and attachment (parent/child) relationships (if a document is more than one
`page, the unitization of the document and any attachments shall be maintained as they
`existed in the original document) and;
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`such data load files which contain extracted text and available metadata
`c.
`fields corresponding to those listed below (to the extent such fields exist and are available):
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`Description
`Metadata Fields:
`The bates label of the first page of the document
`BegDoc#
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`The bates label of the last page of the document
`EndDoc#
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`The recipient of the document or email
`To
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`The author of the document or email
`From
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`Persons copied on the document or email
`CC
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`The persons blind-copied on the document or email
`BCC
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`The person who maintains custody of the document or email
`Custodian
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`Document date or date email was created
`Date Created
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`Date document or email was sent
`Date Sent
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`Date document or email received by recipient
`Date Received
`Date Last Modified Date last modified for attachments and standalone electronic files
`Date Last Printed
`Date last printed for attachments and standalone electronic files
`Email Subject
`Subject of email
`Doc Title
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`Title of document
`File Name
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`File name of electronic document
`File Path
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`File path as maintained by operating system
`Folder
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`Email folder information
`Attachment ID
`Bates range of document or email attachment
`Parent ID
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`Bates range of parent document or email
`MD5 Hash
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`All spreadsheets (e.g. Excel files), presentations (e.g. PowerPoint files),
`d.
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`database files, graphics, audio files, video files, animations, and other files that cannot
`readily be converted to TIFF format or that reasonably require access to the native file, shall
`be produced in native format with all metadata intact (and not as a TXT file).
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`The Parties will produce additional native files and accompanying metadata
`e.
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`in response to reasonable requests. The Parties will make reasonable efforts to ensure that
`all documents produced in native form are decrypted, but the Parties have no duty to
`identify encrypted documents prior to production.
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`Case 4:17-cv-03745-PJH Document 43-1 Filed 10/05/17 Page 4 of 4
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`The Parties will make reasonable efforts to agree upon the format for
`f.
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`producing data from a structured database using existing report formats or report formats
`that can be developed without undue burden.
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`Web pages, social media data, and other information not otherwise covered
`g.
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`above shall be produced as “screen shots” or in native format.
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`Documents originally maintained in paper or other non-electronic format
`h.
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`and documents not searchable in their native format shall be produced as TIFF files
`endorsed with a bates number with their contents in a single TXT file (not one TXT file per
`page) using optical character recognition (OCR) and a load file that maps the TXT file to
`the corresponding TIFF file. Any redacted or privileged material should be labeled clearly
`to show the redactions.
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`In scanning paper documents, distinct documents should not be merged into
`i.
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`a single record, and single documents should not be split into multiple records. That is,
`paper documents should be logically unitized. In the case of an organized compilation of
`separate documents – e.g., a binder or file folder containing several separate documents
`behind tabs of sub-files – the document behind each tab or sub-file should be scanned
`separately, but the relationship among the documents in the compilation should be reflected
`in the proper coding of the beginning and ending document and attachment fields. The
`Parties will use their best efforts to unitize the documents correctly. (Logical Unitization is
`the process of human review of each individual page in an image collection using logical
`cues to determine pages that belong together as documents. Such cues can be consecutive
`page numbering, report titles, similar headers and footers, folders, binders, and other logical
`indicators.)
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`De-duplication. A party is only required to produce a single copy of a responsive
`4.
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`document. The Parties may de-duplicate stand-alone documents or entire document families using
`MD5 or SHA-1 Hash value matching. (Common system files defined by the NIST library
`(http://www.nsrl.nist.gov/) need not be produced.) However, (i) attachments to e-mails shall not be
`eliminated from the parent e-mail, and (ii) paper documents shall not be eliminated as duplicates of
`responsive ESI. To the extent the parties de-duplicate stand-alone electronic documents against an
`e-mail attachment, the attachment to the e-mail must be the document that is produced. ESI that is
`not an exact duplicate may not be removed.
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