Case 2:21-cv-00040-JRG Document 67 Filed 08/18/21 Page 1 of 6 PageID #: 1177
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`GESTURE TECHNOLOGY
`PARTNERS, LLC,
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`Plaintiff
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`v.
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`HUAWEI DEVICE CO., LTD.,
`HUAWEI DEVICE USA, INC.,
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`Defendants.
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`CASE NO. 2:21-cv-00040-JRG
`(Lead Case)
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`JURY TRIAL DEMANDED
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`GESTURE TECHNOLOGY
`PARTNERS, LLC,
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`Plaintiff
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`v.
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`SAMSUNG ELECTRONICS CO., LTD.
`AND SAMSUNG ELECTRONICS
`AMERICA, INC.,
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`Defendants.
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`CASE NO. 2:21-cv-00041-JRG
`(Member Case)
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`JURY TRIAL DEMANDED
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`The Court ORDERS as follows:
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`E-DISCOVERY ORDER
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`1.
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`This order supplements all other discovery rules and orders. It streamlines Electronically
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`Stored Information (“ESI”) production to promote a “just, speedy, and inexpensive
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`determination” of this action, as required by Federal Rule of Civil Procedure 1.
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`2.
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`This order may be modified in the Court’s discretion or by agreement of the parties. The
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`parties shall jointly submit any proposed modifications. If the parties cannot resolve their
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`Case 2:21-cv-00040-JRG Document 67 Filed 08/18/21 Page 2 of 6 PageID #: 1178
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`disagreements regarding these modifications, the parties shall submit their competing
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`proposals and a summary of their dispute.
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`3.
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`4.
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`A party’s meaningful compliance with this Order and efforts to promote efficiency and
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`reduce costs will be considered in cost-shifting determinations.
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`Absent a showing of good cause, general ESI production requests under Federal Rules of
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`Civil Procedure 34 and 45, or compliance with a mandatory disclosure requirement of this
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`Court, shall not include metadata. However, fields showing the date and time that the
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`document was sent and received, as well as the complete distribution list, shall generally
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`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 order of this Court, the following parameters
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`shall apply to ESI production:
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`A.
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`General Document Image Format. Each electronic document shall be produced
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`in single-page Tagged Image File Format (“TIFF”) format. TIFF files shall be
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`single page and shall be named with a unique production number followed by the
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`appropriate file extension. Load files shall be provided to indicate the location and
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`unitization of the TIFF files. If a document is more than one page, the unitization
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`of the document and any attachments and/or affixed notes shall be maintained as
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`they existed in the original document.
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`B.
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`Text-Searchable Documents. No party has an obligation to make its production
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`text-searchable; however, if a party’s documents already exist in text-searchable
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`format independent of this litigation, or are converted to text-searchable format for
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`use in this litigation, including for use by the producing party’s counsel, then such
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`documents shall be produced in the same text-searchable format at no cost to the
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`receiving party.
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`C.
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`Footer. Each document image shall contain a footer with a sequentially ascending
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`production number.
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`D.
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`Native Files. A party that receives a document produced in a format specified
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`above may make a reasonable request to receive the document in its native format,
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`and upon receipt of such a request, the producing party shall produce the document
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`in its native format.
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`E.
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`No Backup Restoration Required. Absent a showing of good cause, no party need
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`restore any form of media upon which backup data is maintained in a party’s normal
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`or allowed processes, including but not limited to backup tapes, disks, SAN, and
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`other forms of media, to comply with its discovery obligations in the present case.
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`F.
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`Voicemail and Mobile Devices. Absent a showing of good cause, voice-mails,
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`PDAs and mobile phones are deemed not reasonably accessible and need not be
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`collected and preserved.
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`6.
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`7.
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`General ESI production requests under Federal Rules of Civil Procedure 34 and 45, or
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`compliance with a mandatory disclosure order of this Court, shall not include e-mail or
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`other forms of electronic correspondence (collectively “e-mail”). To obtain e-mail parties
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`must propound specific e-mail production requests.
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`E-mail production requests shall be phased to occur timely after the parties have exchanged
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`initial disclosures, a specific listing of likely e-mail custodians, a specific identification of
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`the fifteen most significant listed e-mail custodians in view of the pleaded claims and
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`defenses,1 infringement contentions and accompanying documents pursuant to P.R. 3-1
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`and 3-2, invalidity contentions and accompanying documents pursuant to P.R. 3-3 and 3-
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`4, and preliminary information relevant to damages. The exchange of this information shall
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`occur at the time required under the Federal Rules of Civil Procedure, Local Rules, or by
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`order of the Court. Each requesting party1 may also propound up to five written discovery
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`requests and take one deposition per producing party to identify the proper custodians,
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`proper search terms, and proper time frame for e-mail production requests. The Court may
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`allow additional discovery upon a showing of good cause.
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`8.
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`E-mail production requests shall identify the custodian, search terms, and time frame. The
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`parties shall cooperate to identify the proper custodians, proper search terms, and proper
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`time frame. Each requesting party shall limit its e-mail production requests to a total of
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`eight custodians per producing party for all such requests. The parties may jointly agree to
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`modify this limit without the Court’s leave. The Court shall consider contested requests for
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`additional or fewer custodians per producing party, upon showing a distinct need based on
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`the size, complexity, and issues of this specific case.
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`9.
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`Each requesting party shall limit its e-mail production requests to a total of ten search terms
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`per custodian per party. The parties may jointly agree to modify this limit without the
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`Court’s leave. The Court shall consider contested requests for additional or fewer search
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`terms per custodian, upon showing a distinct need based on the size, complexity, and issues
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`of this specific case. The search terms shall be narrowly tailored to particular issues.
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`Indiscriminate terms, such as the producing company’s name or its product name, are
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`1 For purposes of this Order, “requesting party,” “producing party” or “party” shall mean either 1) Plaintiff Gesture
`Technology Partners LLC; 2) Defendants Huawei Device Co., Ltd., and Huawei Device USA, Inc. (collectively
`“Huawei”); or 3) Samsung Electronics Co., Ltd. and Samsung Electronics America Inc. (collectively “Samsung”).
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`inappropriate unless combined with narrowing search criteria that sufficiently reduce the
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`risk of overproduction. A conjunctive combination of multiple words or phrases (e.g.,
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`“computer” and “system”) narrows the search and shall count as a single search term. A
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`disjunctive combination of multiple words or phrases (e.g., “computer” or “system”)
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`broadens the search, and thus each word or phrase shall count as a separate search term
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`unless they are variants of the same word. Use of narrowing search criteria (e.g., “and,”
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`“but not,” “w/x”) is encouraged to limit the production and shall be considered when
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`determining whether to shift costs for disproportionate discovery. To the extent that a
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`search term requires translation, such translation shall accompany the search term and shall
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`be subject to confirmation by the producing party.
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`10.
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`Pursuant to Federal Rule of Evidence 502(d), the inadvertent production of a privileged or
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`work product protected ESI is not a waiver in the pending case or in any other federal or
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`state proceeding. Consistent with the Protective Order in this case, any party that
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`inadvertently or unintentionally produces privileged or work product protected ESI may
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`request destruction of that ESI by notifying the recipient(s), as soon as reasonably possible
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`after the producing Side becomes aware of the inadvertent or unintentional disclosure, and
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`providing replacement ESI that is properly designated. The recipient(s) shall then destroy
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`all copies of the inadvertently or unintentionally produced ESI and any documents,
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`information or material derived from or based thereon.
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`11.
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`The mere production of ESI in a litigation as part of a mass production shall not itself
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`constitute a waiver for any purpose.
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`12.
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`Except as expressly stated, nothing in this order affects the parties’ discovery obligations
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`under the Federal or Local Rules.
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`.
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`____________________________________
`RODNEY GILSTRAP
`UNITED STATES DISTRICT JUDGE
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`So ORDERED and SIGNED this 18th day of August, 2021.
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