`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`CELLULAR COMMUNICATIONS
`EQUIPMENT LLC,
`
`Plaintiff,
`
`v.
`
`LG ELECTRONICS, INC., ET AL.,
`
`Defendants.
`
`Civil Action No. 6:14-cv-982-JRG
`LEAD CASE
`
`AGREED ORDER REGARDING E-DISCOVERY IN PATENT CASES
`
`The Court ORDERS as follows:
`
`1.
`
`This order supplements all other discovery rules and orders. It streamlines Electronically
`
`Stored Information (“ESI”) production to promote a “just, speedy, and inexpensive determination”
`
`of this action, as required by Federal Rule of Civil Procedure 1.
`
`2.
`
`This order may be modified in the Court’s discretion or by agreement of the parties. The
`
`parties shall jointly submit any proposed modifications within 30 days after the Federal Rule of
`
`Civil Procedure 16 conference. If the parties cannot resolve their disagreements regarding these
`
`modifications, the parties shall submit their competing proposals and a summary of their dispute.
`
`3.
`
`A party’s meaningful compliance with this order and efforts to promote efficiency and
`
`reduce costs will be considered in cost-shifting determinations.
`
`4.
`
`Absent a showing of good cause, general ESI production requests under Federal Rules of
`
`Civil Procedure 34 and 45, or compliance with a mandatory disclosure requirement of this Court,
`
`shall not include metadata. However, fields showing the date and time that the document was
`
`sent and received, as well as the complete distribution list, shall generally be included in the
`
`
`
`production if such fields exist.
`
`5.
`
`Absent agreement of the parties or further order of this court, the following parameters
`
`shall apply to ESI production:
`
`A. General Document Image Format. ESI shall be produced in the form in which
`
`it is ordinarily maintained (“native format”) or in single-page Tagged Image File
`
`Format (“TIFF”) format. TIFF files shall be single page and shall be named with a unique
`
`production number followed by the appropriate file extension. Load files shall be provided
`
`to indicate the location and unitization of the TIFF files. If a document is more than one
`
`page, the unitization of the document and any attachments and/or affixed notes shall be
`
`maintained as they existed in the original document.
`
`B.
`
`Text-Searchable Documents. No party has an obligation to make its production
`
`text- searchable; however, if a party’s documents already exist in text-searchable format
`
`independent of this litigation, or are converted to text-searchable format for use in this
`
`litigation, including for use by the producing party’s counsel, then such documents shall be
`
`produced in the same text-searchable format at no cost to the receiving party.
`
`C.
`
`Production Numbers. Each document image shall contain a footer with a
`
`sequentially ascending production number, provided that, if a footer would obstruct any
`
`information on the document image, the sequentially ascending production number may
`
`be affixed to an alternative location on the document image.
`
`D. Native Files. A party is not required to produce the same ESI in more than one
`
`format. After initial production of electronic documents in electronic file format has
`
`occurred, a party may request that specific documents or file types be produced in native
`
`format by specifically identifying to the producing party the Bates number of the
`
`2
`
`
`
`document sought and the basis for the request for production in native format. The parties
`
`should then meet and confer in good faith to determine whether production in an
`
`alternative format is necessary. A party shall not make unduly burdensome and
`
`unreasonable requests for production of documents in native format, and a party shall not
`
`unreasonably refuse a request for the production of documents in native format.
`
`E.
`
`No Backup Restoration Required. Absent a showing of good cause, no party
`
`need restore any form of media upon which backup data is maintained in a party’s
`
`normal or allowed processes, including but not limited to backup tapes, disks,
`
`SAN, and other forms of media, to comply with its discovery obligations in the present
`
`case.
`
`F.
`
`Voicemail and Mobile Devices. Absent a showing of good cause, voicemails, PDAs
`
`and mobile phones are deemed not reasonably accessible and need not be collected and
`
`preserved.
`
`G.
`
`Duplicate Documents. If responsive documents are located on a centralized server
`
`or network, or on an individual employee’s computer, or are otherwise located within a
`
`party’s possession, custody, or control, the producing party shall not be required to search
`
`for or produce additional copies of such responsive documents absent a showing of good
`
`cause that the production of such additional copies is necessary.
`
`6.
`
`General ESI production requests under Federal Rules of Civil Procedure 34 and 45, or
`
`compliance with a mandatory disclosure order of this court, shall not include e-mail or other forms
`
`of electronic correspondence (collectively “e-mail”).
`
`7.
`
`The parties will delay search and production of electronic mail, electronic mail
`
`documentation, audio information, or video information (“secondary documents”). If, at such
`
`3
`
`
`
`time as the receiving party has reviewed the contents of the producing party’s primary document
`
`production, the receiving party determines that secondary documents may be required, the
`
`receiving party may indicate such determination to the producing party, and explain why the
`
`information sought is not available in a less burdensome manner. Upon such determination, the
`
`producing party and receiving party shall meet and confer in good faith to identify which
`
`particular documents will be searched and to identify reasonable mechanisms for narrowly
`
`tailored searches of, or for, such documents. A party may not request a search of secondary
`
`documents absent a showing that the information sought is not available in a less burdensome
`
`manner. If, after the aforementioned meet and confer, the parties have not been able to resolve
`
`their issue(s) pertaining to the production of secondary documents, the parties agree to submit to
`
`the Court for determination (i) their competing positions on whether or not the information
`
`sought is available in a less burdensome manner, and (ii) their respective mechanisms for
`
`narrowly tailored searches of secondary information, including an identification of a specific
`
`number of requests, custodians, and search terms.
`
`8.
`
`Pursuant to Federal Rule of Evidence 502(d), the inadvertent production of a privileged or
`
`work product protected ESI is not a waiver in the pending case or in any other federal or state
`
`proceeding.
`
`9.
`
`The mere production of ESI, including e-mail or other secondary documents, in a litigation
`
`as part of a mass production shall not itself constitute a waiver for any purpose.
`
`10.
`
`Except as expressly stated, nothing in this order affects the parties’ discovery obligations
`
`under the Federal or Local Rules.
`
`4
`
`Aug 6, 2015
`
`