IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`
`
`C.A. No. 17-585 (JFB) (SRF)
`
`
`
`
`)))))))))
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`
`)
`
`UNIVERSAL SECURE REGISTRY LLC,
`
`
`Plaintiff,
`
`
`v.
`
`APPLE INC., VISA INC., and
`VISA U.S.A., INC.,
`
`
`Defendants.
`
`[PROPOSED] STIPULATED ESI ORDER
`
`5.
`
`Specific E-Discovery Issues.
`
`a.
`
`On-site inspection of electronic media. Such an inspection shall not be
`
`permitted absent a demonstration by the requesting party of specific need and good cause.
`
`b.
`
`Search methodology. If the producing party elects to use search terms to locate
`
`potentially responsive ESI, it shall disclose the search terms to the requesting party. Absent a
`
`showing of good cause, a requesting party may request no more than 10 additional terms to be
`
`used in connection with the electronic search. Focused terms, rather than over-broad terms (e.g.,
`
`product and company names), shall be employed. The producing party shall search (i) the non-
`
`custodial data sources identified in accordance with paragraph 3(b); and (ii) emails and other ESI
`
`maintained by the custodians identified in accordance with paragraph 3(a).
`
`c.
`
`Format. ESI and non-ESI shall be produced to the requesting party as text
`
`searchable image files. All images should be produced with 300 dpi resolution. All black and
`
`white images should be single page Group IV TIFF (.tif), and all color images should be JPEG
`
`(.jpg). When a text-searchable image file is produced, the producing party must preserve the
`
`integrity of the underlying ESI, i.e., the original formatting, the metadata (as noted below) and,
`
`where applicable, the revision history. A document-level text file should be provided for each
`
`
`FOR THE DISTRICT OF DELAWARE
`
`
`
`
`
`C.A. No. 17-585 (JFB) (SRF)
`
`
`
`
`)))))))))
`
`
`)
`
`UNIVERSAL SECURE REGISTRY LLC,
`
`
`Plaintiff,
`
`
`v.
`
`APPLE INC., VISA INC., and
`VISA U.S.A., INC.,
`
`
`Defendants.
`
`[PROPOSED] STIPULATED ESI ORDER
`
`5.
`
`Specific E-Discovery Issues.
`
`a.
`
`On-site inspection of electronic media. Such an inspection shall not be
`
`permitted absent a demonstration by the requesting party of specific need and good cause.
`
`b.
`
`Search methodology. If the producing party elects to use search terms to locate
`
`potentially responsive ESI, it shall disclose the search terms to the requesting party. Absent a
`
`showing of good cause, a requesting party may request no more than 10 additional terms to be
`
`used in connection with the electronic search. Focused terms, rather than over-broad terms (e.g.,
`
`product and company names), shall be employed. The producing party shall search (i) the non-
`
`custodial data sources identified in accordance with paragraph 3(b); and (ii) emails and other ESI
`
`maintained by the custodians identified in accordance with paragraph 3(a).
`
`c.
`
`Format. ESI and non-ESI shall be produced to the requesting party as text
`
`searchable image files. All images should be produced with 300 dpi resolution. All black and
`
`white images should be single page Group IV TIFF (.tif), and all color images should be JPEG
`
`(.jpg). When a text-searchable image file is produced, the producing party must preserve the
`
`integrity of the underlying ESI, i.e., the original formatting, the metadata (as noted below) and,
`
`where applicable, the revision history. A document-level text file should be provided for each
`
`
`
`document produced. With the exception of scanned documents, the text of native files should be
`
`extracted directly from the native file and each text file should be named using the Bates number
`
`of the first page of the document (e.g., MSC000001.TXT). All documents that are hardcopy or
`
`paper files shall be scanned and produced in the same manner as documents existing in
`
`electronic format. For scanned or redacted documents, the text will be generated using OCR.
`
`d.
`
`Parent and child emails. The parties shall produce email attachments
`
`sequentially after the parent email.
`
`e.
`
`Load files. Database load file should be a standard database load file, such as a
`
`DAT file (compatible with Concordance, Relativity, Allegro, iPro, iCONECT), with standard
`
`delimiters, including path information to text and native files in the load file, if applicable.
`
`Comma (020),
`Quote (254),
`Newline (174)
`
`Example:
`þBEGDOCþþENDDOCþ
`þMSC000001þþMSC000003þ
`þMSC000004þþMSC000005þ
`
`Imagebase load files should be a standard Opticon/Concordance Image load file with the
`following information, to the extent it exists:
`
`
`ALIAS,VOLUME,PATH,DOC_BREAK,FOLDER_BREAK,BOX_BREAK,PAGES
`
`
`
`
`
`Example:
`MSC000001,MSC001,D:\IMAGES\001\MSC000001.TIF,Y,,,3
`MSC000002,MSC001,D:\IMAGES\001\MSC000002.TIF,,,,
`MSC000003,MSC001,D:\IMAGES\001\MSC000003.TIF,,,,
`MSC000004,MSC001,D:\IMAGES\001\MSC000004.TIF,Y,,,2
`MSC000005,MSC001,D:\IMAGES\001\MSC000005.TIF,,,,
`
`f.
`
`Native files. Excel (and other spreadsheet) files, videos, audio files, and other
`
`files that do not reasonably convert to a TIFF image will be produced in native format. These
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`- 2 -
`
`
`
`documents will be designated by including a unique production number (i.e., Bates number) and
`
`appropriate confidentiality designation in the native document’s file name. The parties agree to
`
`meet and confer to discuss requests for the production of additional files in native format, on a
`
`case-by-case basis. If the parties are unable to reach agreement with regard to requests for
`
`additional documents in native-file format, the parties reserve the right to seek relief from the
`
`Court. Documents produced natively shall be represented in the set of imaged documents by a
`
`slipsheet indicating the production identification number and confidentiality designation for the
`
`native file that is being produced.
`
`g.
`
`Metadata fields. The parties are only obligated to provide the following
`
`metadata for all ESI produced, to the extent such metadata exists:
`
`(i) Metadata from E-mail: Email Subject; Email Sender; Email To; Email
`
`CC; Email BCC; Email Master Date/Time (format: MM/DD/YYYY hh:mm:ss); Email Received
`
`Date/Time
`
`(format: MM/DD/YYYY hh:mm:ss); Email Sent Date/Time
`
`(format:
`
`MM/DD/YYYY hh:mm:ss); Email Message ID; Email Thread ID; MD5 or SHA Hash.
`
`(ii) Metadata from Other Electronic Files: File Name; File Author; File
`
`Created Date/Time (format: MM/DD/YYYY hh:mm:ss); File Modified Date/Time (format:
`
`MM/DD/YYYY hh:mm:ss); File Extension; MD5 or SHA Hash.
`
`(iii)
`
`Fielded Data (applies to both E-mail and Other Electronic Files):
`
`Custodian; All Custodians; Confidentiality Designation; Redaction (Y/N); Production Begin
`
`Number; Production End Number; Production Attachment Begin Number (where applicable);
`
`Production Attachment End Number (where applicable); Native File Link (where files are being
`
`produced in native form); Text File Link.
`
`- 3 -
`
`
`
`h.
`
`Requests for hi-resolution or color documents. The parties agree to respond to
`
`reasonable and specific requests for the production of higher resolution or color images. Nothing
`
`in this Stipulation shall preclude a producing party from objecting to such requests as
`
`unreasonable in number, timing or scope, provided that a producing party shall not object if the
`
`document as originally produced is illegible or difficult to read. The producing party shall have
`
`the option of responding by producing a native-file version of the document. If a dispute arises
`
`with regard to requests for higher resolution or color images, the parties will meet and confer in
`
`good faith to try to resolve it.
`
`i.
`
`Source code. This Stipulation does not govern the format for production of
`
`source code, which shall be produced pursuant to the relevant provision of the Protective Order.
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`- 4 -
`
`
`
`SCHEDULE A
`
`(Categories of Information Which Need Not Be Preserved)
`
`Deleted, slack, fragmented, or other data only accessible by forensics.
`
`Random access memory (RAM), temporary files, or other ephemeral data that are
`
`1.
`
`2.
`
`difficult to preserve without disabling the operating system.
`
`3.
`
`4.
`
`dates.
`
`5.
`
`6.
`
`7.
`
`On-line access data such as temporary Internet files, history, cache, cookies, and the like.
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`Data in metadata fields that are frequently updated automatically, such as last-opened
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`Back-up data that are substantially duplicative of data that are more accessible elsewhere.
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`Voice messages
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`Instant messages and text messages that are not ordinarily printed or maintained in a
`
`server dedicated to instant or text messaging.
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`8.
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`Electronic mail or pin-to-pin messages sent to or from mobile devices (e.g., iPhone and
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`Blackberry devices), provided that a copy of such mail is routinely saved elsewhere.
`
`9.
`
`Other electronic data stored on a mobile device, such as calendar or contact data or notes,
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`provided that a copy of such information is routinely saved elsewhere.
`
`10.
`
`11.
`
`12.
`
`Logs of calls made from mobile devices.
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`Server, system or network logs.
`
`Electronic data temporarily stored by laboratory equipment or attached electronic
`
`equipment, provided that such data is not ordinarily preserved as part of a laboratory report.
`
`13.
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`Data remaining from systems no longer in use that is unintelligible on the systems in use.
`
`
`
`
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