Case 6:15-cv-00907-RWS-KNM Document 67 Filed 03/15/16 Page 1 of 5 PageID #: 1593
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`SIPCO, LLC, and IP CO, LLC
`(d/b/a INTUS IQ),
`
`Plaintiffs,
`
` v.
`
` Civil Action No. 6:15-cv-907
`
`EMERSON ELECTRIC CO., EMERSON PROCESS
`MANAGEMENT LLLP, FISHER-ROSEMOUNT
`SYSTEMS, INC., ROSEMOUNT INC., BP, p.l.c., BP
`AMERICA, INC., and BP AMERICA PRODUCTION
`COMPANY,
`
`Defendants.
`
`The Court ORDERS as follows:
`
`E-DISCOVERY ORDER
`
`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.
`
`4.
`
`A party’s meaningful compliance with this Order and efforts to promote efficiency and
`
`reduce costs will be considered in cost-shifting determinations.
`
`The parties have discussed the format for the production of ESI, the method of
`
`production, and the inclusion or exclusion and use of metadata, and have agreed as
`
`follows:
`
`Page 1 of 5
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`SIPCO, LLC, and IP CO, LLC
`(d/b/a INTUS IQ),
`
`Plaintiffs,
`
` v.
`
` Civil Action No. 6:15-cv-907
`
`EMERSON ELECTRIC CO., EMERSON PROCESS
`MANAGEMENT LLLP, FISHER-ROSEMOUNT
`SYSTEMS, INC., ROSEMOUNT INC., BP, p.l.c., BP
`AMERICA, INC., and BP AMERICA PRODUCTION
`COMPANY,
`
`Defendants.
`
`The Court ORDERS as follows:
`
`E-DISCOVERY ORDER
`
`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.
`
`4.
`
`A party’s meaningful compliance with this Order and efforts to promote efficiency and
`
`reduce costs will be considered in cost-shifting determinations.
`
`The parties have discussed the format for the production of ESI, the method of
`
`production, and the inclusion or exclusion and use of metadata, and have agreed as
`
`follows:
`
`Page 1 of 5
`
`
`
`Case 6:15-cv-00907-RWS-KNM Document 67 Filed 03/15/16 Page 2 of 5 PageID #: 1594
`
`a.
`
`b.
`
`The parties will produce metadata where available; and,
`
`The parties shall use Generic Concordance and Summation formatted load files
`
`(Concordance: DAT file for metadata and OPT or LFP wherein available and
`
`necessary; Summation: DII file).
`
`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. Each electronic document shall be produced
`
`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, in Concordance or Summation format as
`
`described in paragraph 4, 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. The parties shall produce ESI with document-level
`
`OCR text using beginning Bates Number naming convention.
`
`C.
`
`Footer. Each document image shall contain a footer with a sequentially ascending
`
`production number. The parties shall use a Bates Number naming convention.
`
`D.
`
`Native Files. The parties agree that the production of financial/sales data will be
`
`in Excel spreadsheet files in native format, with the files named with the Bates
`
`Number range for the corresponding TIFF version of the document (if any). For
`
`all other documents, a party that receives a document produced in a format
`
`specified above may make a reasonable request to receive the document in its
`
`Page 2 of 5
`
`
`
`Case 6:15-cv-00907-RWS-KNM Document 67 Filed 03/15/16 Page 3 of 5 PageID #: 1595
`
`
`
`
`
`
`
`native format, and upon receipt of such a request, the producing party shall
`
`produce the document in its 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, voice-mails,
`
`PDAs and mobile phones are deemed not reasonably accessible and need not be
`
`collected and preserved.
`
`G.
`
`Encryption. The parties may encrypt confidential and/or sensitive information
`
`provided that the software needed to fully decrypt the information is provided or
`
`available to the receiving party, and the decryption key is provided at the same
`
`time that the encrypted information is produced. Example encryption software
`
`applications include VeraCrypt and AxCrypt.
`
`6.
`
`The parties agree that the collection of ESI will be conducted based on targeted searches
`
`of relevant directories, folders, and storage locations. The parties will not be required to
`
`image entire server or computer drives, or to conduct key word searches on entire servers
`
`or computer drives.
`
`7.
`
`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”). To obtain e-mail,
`
`parties must propound specific e-mail production requests.
`
`.
`
`Page 3 of 5
`
`
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`Case 6:15-cv-00907-RWS-KNM Document 67 Filed 03/15/16 Page 4 of 5 PageID #: 1596
`
`8.
`
`E-mail production requests shall identify the custodian, search terms, and time frame, and
`
`shall be made in writing as part of a request for production pursuant to Rule 34. The
`
`parties shall cooperate to identify the proper custodians, proper search terms, and proper
`
`time frame. Each side, as that term is defined in paragraph 5 of the Discovery Order, shall
`
`limit its e-mail production requests to a total of five (5) custodians per producing party
`
`for all such requests. The parties may jointly agree to modify this limit without the
`
`court’s leave. The court shall consider contested requests for additional or fewer
`
`custodians per producing side, upon showing a distinct need based on the size,
`
`complexity, and issues of this specific case. The party requesting the additional email
`
`discovery bears the burden of proving that such discovery is needed.
`
`9.
`
`Each requesting party shall limit its e-mail production requests to a total of ten search
`
`terms per custodian per party. The parties may jointly agree to modify this limit without
`
`the court’s leave. The court shall consider contested requests for additional or fewer
`
`search terms per custodian, upon showing a distinct need based on the size, complexity,
`
`and issues of this specific case. The search terms shall be narrowly tailored to particular
`
`issues. Indiscriminate terms, such as the producing company’s name or its product name,
`
`are inappropriate unless combined with narrowing search criteria that sufficiently reduce
`
`the risk of overproduction. A conjunctive combination of multiple words or phrases (e.g.,
`
`“computer” and “system”) narrows the search and shall count as a single search term. A
`
`disjunctive combination of multiple words or phrases (e.g., “computer” or “system”)
`
`broadens the search, and thus each word or phrase shall count as a separate search term
`
`unless they are variants of the same word. Use of narrowing search criteria (e.g., “and,”
`
`Page 4 of 5
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`
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`Case 6:15-cv-00907-RWS-KNM Document 67 Filed 03/15/16 Page 5 of 5 PageID #: 1597
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`“but not,” “w/x”) is encouraged to limit the production and shall be considered when
`
`determining whether to shift costs for disproportionate discovery.
`
`10.
`
`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.
`
`11.
`
`The mere production of ESI in a litigation as part of a mass production shall not itself
`
`constitute a waiver for any purpose.
`
`12.
`
`Except as expressly stated, nothing in this order affects the parties’ discovery obligations
`
`under the Federal or Local Rules.
`
`Page 5 of 5
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`So ORDERED and SIGNED this 15th day of March, 2016.
`
`
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