United States District Court, D. Idaho
J.R. SIMPLOT COMPANY, Plaintiff,
McCAIN FOODS USA, INC. Defendant.
STIPULATED ORDER REGARDING E-DISCOVERY
Lynn Winmill Chief Judge United States District Court
good cause therefore, NOW THEREFORE IT IS HEREBY ORDERED,
that the motion (docket no. 16) is GRANTED, and the following
Stipulation shall govern E-Discovery in this case:
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.
order may be modified in the Court's discretion or by
agreement of the parties.
Except as expressly stated, nothing in this order affects the
parties' discovery obligations under the Federal or Local
Absent agreement of the parties or further order of this
Court, the following parameters shall apply to ESI
a. General Document Image Format. Each electronic
document shall be produced in single-page, 300 dpi CCITT
Group IV black and white tagged Image File Format
(“TIFF”) format. Where color is imperative to
full understanding of the document, color should suitably be
produced in full color .jpeg images. Load files shall be
provided to indicate the location and unitization of the TIFF
files. All data load files shall be compatible with
Concordance and Summation and at a minimum, include a DAT
file. TIFF files shall be accompanied by searchable text
files named as per the TIFF image, shall be provided with
page breaks in load file identifying document start and end,
and shall be named with a unique production number followed
by the appropriate extension. 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. The image load file shall be produced
in .OPT and .LFP format. All documents associated with emails
shall be produced with cross reference between the parent
email and child attachments intact.
b. Footer. Each document image shall contain a
footer with a sequentially ascending production number.
c. Non-Convertible Files. Certain Types of files
such as system, program, video, and sound files may not be
amenable to conversion into anything meaningful in TIFF
format. Responsive, non-convertible files will be produced in
the form of a placeholder TIFF image. Some examples of file
types that may not convert include file types with the
following extensions: *.exp *.ilk *.res *.trg *.tlh *.idb
*.pdb *.pch *.opt *.lib *.cab *.mov *.mp3 *.swf *.psp *.chi
*.chm *.com *.dll *.exe *.hlp *.ivi *.ivt *.ix *.msi *.nls
*.obj *.ocx *.rmi *.sys *tmp *.ttf *.vbx *.wav *.wpg *.iso
*.pdb *.eps *ast. *sldprt. *stp. *.step *.mpeg *.mpg *.ram
*.rm *psd *.ai *.aif *.bin *.hqx *.snd *.mpe *.wmv *.wma.
Each TIFF placeholder will contain the endorsed bates number
and endorsed confidentiality designation. The file itself
will be produced natively in accordance with paragraph 4(d)
of this order.
d. Native Files. Documents produced in native file
format shall be labeled, to the extent practicable, by
assigning a Bates number as the file name (e.g.
ABC0000001.xls). The load file should contain a field called
“NATIVE” with the path to the corresponding
native file. Native files should be in a directory named
“NATIVES.” A party may seek production of native
files for any produced images that are deemed unusable,
unsearchable, or unduly burdensome. Upon receipt of such
request, the producing party shall produce the document in
its native format to the extent it exists.
e. Metadata. Load files should include, where
applicable, the information listed in the Table of Metadata
Fields, attached as Exhibit A. However, the parties are not
obligated to include metadata for any document that does not
contain such metadata in the original if it is not possible
to automate the creation of metadata when the document is
collected. The parties reserve their rights to object to any
request for the creation of metadata for documents that do
not contain metadata in the original.
f. No Backup Restoration Required. Absent a showing
of good cause, no party need restore any form of media where
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 ...