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J.R. Simplot Co. v. McCain Foods USA, Inc.

United States District Court, D. Idaho

March 14, 2017

J.R. SIMPLOT COMPANY, Plaintiff,
v.
McCAIN FOODS USA, INC. Defendant.

          STIPULATED ORDER REGARDING E-DISCOVERY

          B. Lynn Winmill Chief Judge United States District Court

         Finding 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:

         General Principles

         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.

         3. Except as expressly stated, nothing in this order affects the parties' discovery obligations under the Federal or Local Rules.

         Production Format

         4. 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, 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 ...

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