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In re Yasmin and Yaz Marketing

March 3, 2010


The opinion of the court was delivered by: Honorable David R. Herndon Chief Judge, United States District Court

MDL No. 2100


WHEREAS, representatives of the Plaintiffs' Steering Committee ("PSC") and Defendants' Steering Committee ("DSC"), have met and conferred on the procedures and format relating to the production of documents and things, and having agreed on a format for all such productions, it is SO ORDERED:

1. General Format of Production

All documents produced by Defendants in this litigation shall be produced as electronic images with associated text files, metadata, and objective coding or as native files as described herein.

2. Production of Electronic Images and Associated Data

Except as limited in this paragraph or as described in paragraph 3, all documents that originally existed in electronic or hard-copy form that are produced in these proceedings shall be produced in electronic image form in the manner provided herein. To the extent exceptions to foregoing are required, the parties will meet and confer to discuss alternative production requirements, concerns, or formats. Each document produced pursuant to this Order shall convey the same information in the electronic image(s) produced as the original document. Documents that present imaging or formatting problems shall be promptly identified and the parties shall meet and confer to attempt to resolve the problems.

(a) Document Image Format

All production document images, whether scanned from hard copy documents or generated from native electronic documents, shall be provided as single-page Tagged Image File Format (".tiff format"), using Group 4 compression at 300 dpi resolution, and shall reflect, without visual degradation, the full and complete information contained in the original document. Document productions will be accompanied by a load file in a format compatible with Concordance, which shall include information about where each document begins and ends to facilitate use of the produced images in a document management or litigation support database system. The parties shall meet and confer to the extent reasonably necessary to facilitate the import and use of the produced materials with commercially available document management or litigation support software.

(b) Document Unitization

Each page of a hard copy document shall be scanned into an image and if a document is more than one page, the unitization of the document and any attachments shall be maintained as it existed in the original when creating the image file. For documents that contain fixed notes, the pages will be scanned both with and without the notes and those pages will be treated as part of the same document. The relationship of documents in a document collection (e.g., cover letter and enclosures, email and attachments, binder containing multiple documents, or other documents where a parent-child relationship exists between the documents) shall be maintained through the scanning or conversion process. If more than one level of parent-child relationship exists, documents will be kept in order, but all will be treated as children of the initial parent document. Such information (including email threading when such functionality becomes available in the document processing system used by Defendants but in any event by April 15, 2010), shall be produced in the load file and Objective Coding, as hereafter defined, in a manner to enable the parent-child relationship among documents in a document collection to be reconstituted by the Receiving Party in commercially available document management software, such as Concordance.

(c) Color

If an original document contains color, the Defendants shall not deny reasonable requests for color copies of the original.

(d) Duplicates

Where a single document custodian has more than one identical copy of a document (i.e., the documents are visually the same and contain the same electronic text), Defendants need only produce a single copy of that document. Where multiple document custodians each possess their own copies of an identical document, the document shall be produced once for each custodian in possession of the document. If a duplicate document exists that is part of a document family, the duplicate will only be removed, pursuant to the terms of this paragraph, if the entire family is removed as a duplicate, i.e. a single document will not be removed from a family even if it is a duplicate.

(e). Bates Numbering and Source Index

Each page of a produced document shall contain a legible, unique identification number ("bates-number") and confidentiality notice, where applicable, which will be electronically burned onto the page image in a manner that does not obliterate, conceal, obscure, or interfere with any information from the source document. No other stamp or information will be placed on a document other than bates-number, confidentiality notice, and any redactions (consistent with Case Management Order No. 10 regarding Redactions of Documents in this matter). This provision does not apply to databases or documents produced in native electronic format. All bates-numbers shall contain a prefix identifying the company producing the document (e.g. BHCP, BSPAG). Defendants will provide a master index listing the custodian name for employee file materials, or description of the source or type of materials for non-employee sources, and will specify the associated bates number range(s) for each source or custodian. The master index will be updated and provided with each new document production. Corrections or changes to information in prior master indexes will be noted. Defendants will provide a certification on the master index that the bates number range(s) associated with a particular custodian or source is correct and that a document bearing bates numbers within such range(s) came from the paper or electronic files of the source or custodian identified with that bates range(s). The master index may be used in depositions, and may be admitted at trial for the purpose of establishing, by the bates number, the source of any document that was produced by Defendants and admitted into evidence.

(f) File Naming Conventions

Each page image file shall be named with the unique Bates Number of the page of document, followed by the extension ".TIF." In the event the Bates Number contains a symbol and/or character that cannot be included in a file name, the ...

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