Case 1:17-cv-02097-RBJ Document 88 Filed 03/28/18 USDC Colorado Page 1 of 5
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF COLORADO
`
`Lead Case:
`1:17-cv-02097-RBJ
`
`REALTIME ADAPTIVE STREAMING LLC,
`
`Plaintiff,
`
`v.
`
`SLING TV, L.L.C.,
`SLING MEDIA, INC.,
`SLING MEDIA, L.L.C.,
`ECHOSTAR TECHNOLOGIES L.L.C.,
`DISH NETWORK L.L.C., and
`ARRIS GROUP, INC.
`
`Defendants
`
`Consolidated Case:
`Civil Action No.: 1:17-cv-02692-RBJ
`
`REALTIME ADAPTIVE STREAMING LLC,
`
`Plaintiff,
`
`v.
`
`POLYCOM INC.
`
`Defendant.
`
`(cid:3)E-Discovery ORDER Regarding Case No. 1:17-cv-02692-RBJ
`
`Pursuant to Scheduling Order issued March 7, 2018, Defendant Polycom, Inc. and
`
`Plaintiff Realtime Adaptive Streaming LLC proposes the following E-Discovery Order:
`
`Proposed E-Discovery Order
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF COLORADO
`
`Lead Case:
`1:17-cv-02097-RBJ
`
`REALTIME ADAPTIVE STREAMING LLC,
`
`Plaintiff,
`
`v.
`
`SLING TV, L.L.C.,
`SLING MEDIA, INC.,
`SLING MEDIA, L.L.C.,
`ECHOSTAR TECHNOLOGIES L.L.C.,
`DISH NETWORK L.L.C., and
`ARRIS GROUP, INC.
`
`Defendants
`
`Consolidated Case:
`Civil Action No.: 1:17-cv-02692-RBJ
`
`REALTIME ADAPTIVE STREAMING LLC,
`
`Plaintiff,
`
`v.
`
`POLYCOM INC.
`
`Defendant.
`
`(cid:3)E-Discovery ORDER Regarding Case No. 1:17-cv-02692-RBJ
`
`Pursuant to Scheduling Order issued March 7, 2018, Defendant Polycom, Inc. and
`
`Plaintiff Realtime Adaptive Streaming LLC proposes the following E-Discovery Order:
`
`Proposed E-Discovery Order
`
`
`
`Case 1:17-cv-02097-RBJ Document 88 Filed 03/28/18 USDC Colorado Page 2 of 5
`
`1.(cid: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.(cid:1) This order may be modified in the court’s discretion or by agreement of the parties.
`
`3.(cid:1) A party’s meaningful compliance with this Order’s provisions regarding ESI and efforts
`
`to promote efficiency and reduce costs will be considered in cost-shifting determinations.
`
`4.(cid:1) The following metadata fields shall generally be included in ESI productions if such
`
`fields exist: author, custodian, date created, date last modified, date sent, date received,
`
`sender, recipient(s), and an MD5 or SHA-256 hash value for each document. The Parties
`
`are not obligated to produce metadata for any document that does not contain such
`
`metadata in the native version of the document at the time the document is collected.
`
`5.(cid:1) Absent agreement of the parties or further order of this court, the following parameters
`
`shall apply to ESI production:
`
`A.(cid:1) General Document Image Format. Each electronic document shall be produced in
`
`either single-page Tagged Image File Format (“TIFF”) format or native format.
`
`i.(cid:1)
`
`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. To the extent practicable, produced data will be de-
`
`duplicated across custodians.
`
`
`
`Case 1:17-cv-02097-RBJ Document 88 Filed 03/28/18 USDC Colorado Page 3 of 5
`
`ii.(cid:1)
`
`Each file produced in native format shall be named to match the beginning
`
`production number of the corresponding entries in the database load file. The
`
`confidentiality designation of the document shall appear in the document’s
`
`production file name or shall be otherwise identified at the time the document
`
`is produced, such as on a label provided with the media containing the file.
`
`B.(cid:1) Text-Searchable Documents. No party has an obligation to make its production text-
`
`searchable, but the parties agree that if a document is text-searchable as maintained in
`
`the ordinary course of business, or are converted to text-searchable format for use in
`
`this litigation, including for use by the Producing Party’s counsel, then it will be
`
`produced in the same text-searchable format at no cost to the Receiving Party.
`
`C.(cid:1) Footer. Each document image shall contain a footer with a sequentially ascending
`
`production number and any applicable confidentiality designation to the extent
`
`practicable. If placing such a footer on the document is impracticable, the file name
`
`shall include the sequentially ascending production number, along with any
`
`applicable confidentiality designation.
`
`D.(cid:1) Printing ESI. The printing party shall print any and all ESI with the footer described
`
`in paragraph 5.C. To the extent ESI is devoid of the footer described in Paragraph
`
`5.C., the printing party shall affix a legend or a stamp on the ESI that includes the file
`
`name described in Paragraph 5.C.
`
`E.(cid:1) Native Files. If any electronic document that is not in native format is not reasonably
`
`usable or intelligible due to the production format, the Producing Party shall produce
`
`such documents in its native format.
`
`
`
`Case 1:17-cv-02097-RBJ Document 88 Filed 03/28/18 USDC Colorado Page 4 of 5
`
`F.(cid:1) 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.
`
`G.(cid:1) 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.
`
`6.(cid:1) 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”). The parties shall not be
`
`required to collect or produce e-mail in response to a discovery request absent a showing
`
`of good cause. Should e-mail discovery be permitted, the parties shall negotiate in good
`
`faith on a limited number of custodians (not to exceed 5 for the case) and search terms to
`
`apply (not to exceed ten terms per custodian).
`
`7.(cid:1) 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.
`
`8.(cid:1) The mere production of ESI in a litigation as part of a mass production shall not itself
`
`constitute a waiver for any purpose.
`
`9.(cid:1) Except as expressly stated, nothing in this order affects the parties’ discovery obligations
`
`under the Federal or Local Rules.
`
`Dated: March (cid:21)(cid:27), 2018
`
`
`
`Case 1:17-cv-02097-RBJ Document 88 Filed 03/28/18 USDC Colorado Page 5 of 5
`
`_______________________
`R. Brooke Jackson
`United States District Judge
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
