Case 6:14-cv-00982-KNM Document 80-2 Filed 06/19/15 Page 1 of 5 PageID #: 525
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`Exhibit “B”
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`Exhibit “B”
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`Case 6:14-cv-00982-KNM Document 80-2 Filed 06/19/15 Page 2 of 5 PageID #: 526
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`CELLULAR COMMUNICATIONS
`EQUIPMENT LLC,
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`Plaintiff,
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`v.
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`LG ELECTRONICS, INC., ET AL.,
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`Defendants.
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`Civil Action No. 6:14-cv-982-JRG
`LEAD CASE
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`AGREED ORDER REGARDING E-DISCOVERY IN PATENT CASES
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`The Court ORDERS as follows:
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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 determination”
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`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 within 30 days after the Federal Rule of
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`Civil Procedure 16 conference. If the parties cannot resolve their disagreements regarding these
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`modifications, the parties shall submit their competing proposals and a summary of their dispute.
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`3.
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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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`4.
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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 Court,
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`shall not include metadata. However, fields showing the date and time that the document was
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`sent and received, as well as the complete distribution list, shall generally be included in the
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`02198‐00016/6869465.1
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`Case 6:14-cv-00982-KNM Document 80-2 Filed 06/19/15 Page 3 of 5 PageID #: 527
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`production if such fields exist.
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`5. 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. General Document Image Format. ESI shall be produced in the form in which
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`it is ordinarily maintained (“native format”) or in single-page Tagged Image File
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`Format (“TIFF”) format. TIFF files shall be single page and shall be named with a unique
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`production number followed by the appropriate file extension. Load files shall be provided
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`to indicate the location and unitization of the TIFF files. If a document is more than one
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`page, the unitization of the document and any attachments and/or affixed notes shall be
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`maintained as 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 format
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`independent of this litigation, or are converted to text-searchable format for use in this
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`litigation, including for use by the producing party’s counsel, then such documents shall be
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`produced in the same text-searchable format at no cost to the receiving party.
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`C.
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`Production Numbers. Each document image shall contain a footer with a
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`sequentially ascending production number, provided that, if a footer would obstruct any
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`information on the document image, the sequentially ascending production number may
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`be affixed to an alternative location on the document image.
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`D. Native Files. A party is not required to produce the same ESI in more than one
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`format. After initial production of electronic documents in electronic file format has
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`occurred, a party may request that specific documents or file types be produced in native
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`format by specifically identifying to the producing party the Bates number of the
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`2
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`Case 6:14-cv-00982-KNM Document 80-2 Filed 06/19/15 Page 4 of 5 PageID #: 528
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`document sought and the basis for the request for production in native format. The parties
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`should then meet and confer in good faith to determine whether production in an
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`alternative format is necessary. A party shall not make unduly burdensome and
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`unreasonable requests for production of documents in native format, and a party shall not
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`unreasonably refuse a request for the production of documents in native format.
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`E.
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`No Backup Restoration Required. Absent a showing of good cause, no party
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`need restore any form of media upon which backup data is maintained in a party’s
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`normal or allowed processes, including but not limited to backup tapes, disks,
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`SAN, and other forms of media, to comply with its discovery obligations in the present
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`case.
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`F.
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`Voicemail and Mobile Devices. Absent a showing of good cause, voicemails, PDAs
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`and mobile phones are deemed not reasonably accessible and need not be collected and
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`preserved.
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`G.
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`Duplicate Documents. If responsive documents are located on a centralized server
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`or network, or on an individual employee’s computer, or are otherwise located within a
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`party’s possession, custody, or control, the producing party shall not be required to search
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`for or produce additional copies of such responsive documents absent a showing of good
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`cause that the production of such additional copies is necessary.
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`6. 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 other forms
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`of electronic correspondence (collectively “e-mail”).
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`7.
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`The parties will delay search and production of electronic mail, electronic mail
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`documentation, audio information, or video information (“secondary documents”). If, at such
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`Case 6:14-cv-00982-KNM Document 80-2 Filed 06/19/15 Page 5 of 5 PageID #: 529
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`time as the receiving party has reviewed the contents of the producing party’s primary document
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`production, the receiving party determines that secondary documents may be required, the
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`receiving party may indicate such determination to the producing party, and explain why the
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`information sought is not available in a less burdensome manner. Upon such determination, the
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`producing party and receiving party shall meet and confer in good faith to identify which
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`particular documents will be searched and to identify reasonable mechanisms for narrowly
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`tailored searches of, or for, such documents. A party may not request a search of secondary
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`documents absent a showing that the information sought is not available in a less burdensome
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`manner. If, after the aforementioned meet and confer, the parties have not been able to resolve
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`their issue(s) pertaining to the production of secondary documents, the parties agree to submit to
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`the Court for determination (i) their competing positions on whether or not the information
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`sought is available in a less burdensome manner, and (ii) their respective mechanisms for
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`narrowly tailored searches of secondary information, including an identification of a specific
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`number of requests, custodians, and search terms.
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`8.
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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 state
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`proceeding.
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`9.
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`The mere production of ESI, including e-mail or other secondary documents, in a litigation
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`as part of a mass production 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’ discovery obligations
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`under the Federal or Local Rules.
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