Case 3:22-cv-02868-S Document 35 Filed 06/26/23 Pagelof5 PagelD 514
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`IN THE UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF TEXAS
`DALLAS DIVISION
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`R2 Solutions LLC,
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`Plaintiff,
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`y
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`Civil Action No. 3:22-cv-02761-S
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`Hilton Domestic Operating CompanyInc.,
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`Fury ‘Tra! Demanded
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`Defendant.
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`R2 Solutions LLC,
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`Vv.
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`7-Eleven, Inc.,
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`R2 Solutions LLC,
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`Vv.
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`Plaintiff,
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`Civil Action No. 3:22-cv-02868-S
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`Jury Trial Demanded
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`Defendant.
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`Plaintiff,
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`Civil Action No, 3:22-ev-02869-S
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`Jury Trial Demanded
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`Southwest Airlines Co.,
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`Defendant.
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`ORDER REGARDING E-DISCOVERYIN PATENT CASES
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`The Court ORDERSasfollows:
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`lL.
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`This order supplements all other discovery rules and orders. It is intended to
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`streamline production of Electronically Stored Information (“EST”) to promote a “just, speedy, and
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`inexpensive determination” of this action, as required by Rule | of the Federal Rules of Civil
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`Procedure.
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`Case 3:22-cv-02868-S Document 35 Filed 06/26/23 Page2of5 PagelD 515
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`2.
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`A party’s meaningful compliance with this order and efforts to promote efficiency
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`and reduce costs will be considered in cost-shifting determinations.
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`3.
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`Absent a showing of good cause, general ES] production requests under Rules 34
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`and 45 of the Federal Rules of Civil Procedure, or compliance with a mandatory disclosure
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`requirement ofthis Court, shall not include metadata. However, fields showing the date and time
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`that the 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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`4,
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`Absent agreement of the parties or further order of this Court, the following
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`parameters shall apply to ESI production:
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`A.
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`General Document Image Format. Each electronic document shall be
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`produced 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 of the
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`document and any attachments and/or affixed notes shall be maintained as they existed in
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`the original document.
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`B.
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`Text-Searchable Documents. No party has an obligation to make its
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`production text-searchable; however,
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`if a party’s documents already exist
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`in text-
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`searchable format independentofthis litigation, or are converted to text-searchable format
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`for 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 formatat no cost to the receiving
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`party.
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`C.
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`Footer. Each document image shall contain a footer with a sequentially
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`ascending production number.
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`D.
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`Native Files. Native versions of documentsare to be produced forfile types
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`not conducive to image review. Examples of thesefile types are: spreadsheets, audiofiles,
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`video files, CAD drawings, database files, etc. For each natively produced file, a TIFF
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`placeholder will be included. The placeholder will state “THIS FILE PRODUCED
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`NATIVELY”and will be branded with the confidentiality and Bates number as described
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`in Paragraph 4A. The native file will be named by the Bates number of the document
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`followed
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`by
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`the
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`confidentiality
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`designation
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`assigned
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`(e.g.,
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`“BATES00000001_CONFIDENTIAL.XLS”). A party that receives a document produced
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`in a non-native format may make a reasonable requestto receive the documentin its native
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`format, 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
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`party 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, 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,
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`voicemails, PDAs, and mobile phones are deemed not reasonably accessible and need not
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`be collected and preserved.
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`5.
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`General ESI production requests under Rules 34 and 45 of the Federal Rules of
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`Civil Procedure, or compliance with a mandatory disclosure order of this Court, shall not include
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`email (including attachments) or other forms ofelectronic correspondence (collectively “email”).
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`Notwithstanding the foregoing, a party shall not withhold a document that it knows to be
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`responsive to a discovery request on the basis that the document exists only as attachments to
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`email, and in such a case, the producing party shall produce such a responsive documentas part of
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`the producing party’s primary document production.
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`6.
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`If, at such time as the receiving party has reviewed the contents of the producing
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`party’s primary document production, the receiving party determines that email may be required,
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`the receiving party may indicate such determination to the producing party. At that point, the
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`producing party and receiving party shall meet and confer in good faith to identify reasonable
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`mechanismsfor narrowly tailored email searches. A party may not request a search of email absent
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`a showingthat the information soughtis not available in a less burdensome manner.If, after the
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`aforementioned meet and confer, the parties have not been able to resolve their issue(s) pertaining
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`to production of email, the parties agree to submit to the Court for determination(i) their competing
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`positions on whetherornot the information soughtis available in a less burdensome manner, and
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`(ii) their respective mechanisms for narrowly tailored searches, including an identification of a
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`specific number
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`requests, custodians,
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`time-frame, and search terms. Notwithstanding the
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`foregoing, ifa producing party intends to rely on any email from an individual, the producing party
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`must produceall relevant email from that individual.
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`7.
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`Pursuant
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`to Rule 502(d) of the Federal Rules of Evidence,
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`the inadvertent
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`production of privileged or work-product-protected documents or ESI does not constitute a waiver
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`in the pending case or in any other federal or state proceeding.
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`8.
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`Nothing in this Order shall require production of ESI, information or other material
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`that a party contends is protected from disclosure by the attorney-client privilege, the work product
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`doctrine, or other privilege, doctrine, or immunity. If ESI, information or other material subject to
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`a claim of attorney-client privilege, work product doctrine, or other privilege, doctrine, or
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`immunity is inadvertently or unintentionally produced, such production shall in no way prejudice
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`or otherwise constitute a waiver of, or estoppel as to, any such privilege, doctrine, or immunity.
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`Any party that inadvertently or unintentionally produces ESI, information or other material it
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`reasonably believesis protected underthe attorney-client privilege, work product doctrine, or other
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`privilege, doctrine, or immunity may obtain the return of such documents, information or other
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`material by promptly notifying the recipient(s) and providing a privilege log for the inadvertently
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`or unintentionally produced ESI, information or other material. The recipient(s) shall gather and
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`return all copies of such ESI, information or other material to the producing party, except for any
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`pages containing privileged or otherwise protected markings by the recipient(s), which pages shall
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`instead be destroyed and certified as such to the producing party.
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`9. The mere production of documents or ESI inalitigation as part of a mass
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`production shall notitself 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
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`obligations under the Federal Rules, Local Rules, or Miscellaneous Order No. 62.
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`SO ORDERED.
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`SIGNED June 26, 2023.
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`,
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`N GREN SCHOLER
`UNITED STATES DISTRICT JUDGE
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