United States District Court, S.D. Illinois
LARRY WIEGAND and TIMOTHY BLANKENSHIP on behalf of themselves and all others similarly situated, Plaintiffs,
ONE WORLD FOODS, INC. d/b/a STUBB'S LEGENDARY BAR-B-Q, Defendant.
STIPULATION AND ORDER REGARDING THE PRODUCTION OF
ELECTRONICALLY STORED INFORMATION AND HARD COPY
G. WILKERSON, UNITED STATES MAGISTRATE JUDGE
MATTER having been presented to the Court on consent of the
parties, and for good cause shown;
ON THIS 6th day of September, 2017;
that all parties' productions in this matter shall be in
accordance with the following protocol:
GENERAL PROVISIONS AND SCOPE:
Order streamlines ESI production to promote a “just,
speedy, and inexpensive determination” of this action,
as required by Rule 1 of the Federal Rules of Civil
Procedure. The procedures and protocols set forth in this
Order shall govern the production format of hard-copy
documents and ESI in this action, to the extent available.
The Parties reserve all rights and objections under the
Federal Rules of Civil Procedure for matters relating to the
production of ESI or hard-copy documents that are not
specifically addressed in this Order.
Order may be modified for good cause. The Parties may agree
to modification without application to the Court. To be
effective any modification must be in writing and signed by
counsel for both Parties. If the Parties cannot reach an
agreement regarding proposed modifications, the Parties shall
submit their competing proposals and a summary of their
dispute to the Court, or comply with any other procedure
ordered by the Court.
PRESERVATION AND COLLECTION:
Parties acknowledge their ongoing responsibility to preserve
potentially responsive ESI and hard-copy documents, and they
agree that the preservation of potentially relevant ESI and
hard-copy documents will be reasonable.
There is no need to preserve or collect ESI from the
following sources, which are deemed not likely to contain
relevant information and not to be reasonably accessible:
1. Random access memory (RAM), temporary files, or other
ephemeral data that are difficult to preserve without
disabling the operating system;
2. On-line access data such as temporary internet files,
history, cache, cookies, and the like;
3. Voice-mail messages; imessages, text messages and similar
ephemeral data on personal devices that no longer exist on
4. Back-up data that is substantially duplicative of data
that are more easily accessible elsewhere;
5. Server, system, or network logs; and
6. Data remaining from systems no longer in use that are
unintelligible on the systems in use.
Party is obligated to preserve hardware on which data that is
required to be preserved resides, so long as such data and
associated metadata has first been imaged or otherwise
preserved in an accessible form on another hardware device.
Parties shall preserve e-mail communications, including all
associated metadata and associated attachments relevant to
claims or defenses in this action (1) by maintaining such
e-mail files on a server or within an electronic archive that
is not subject to a deletion schedule, or (2) by creating an
electronic snapshot of implicated e-mail on servers.
Parties shall preserve data relevant to claims or defenses
and held in databases (1) by maintaining such data in
accessible electronic systems that are not subject to a
deletion schedule, or (2) by creating an electronic snapshot
of relevant database servers or an export of relevant data on
Where electronic documents relevant to claims or defenses in
this action and located in shared or home directories
(e.g., loose files such as word-processing
documents, Excel spreadsheets, and PowerPoint presentations)
are subject to a deletion schedule, the Parties shall
preserve such documents by (1) maintaining such directories
and files contained therein in accessible electronic systems
that are not subject to a deletion schedule, or (2) by
creating a forensically sound backup of relevant shared drive
or home directory servers.
PRODUCTION OF HARD-COPY DOCUMENTS
format of productions of hard-copy documents shall comply
with the following requirements:
IMAGE FORMAT. Documents that exist in
hard-copy format shall be scanned and produced as single page
black and white PDF files or Group IV TIFFs created with a
resolution of at least 300 dots per inch (“dpi”).
Color documents may in .JPG format in lieu of TIFF images;
color .JPG files shall also be provided with a resolution of
at least 300 dpi. Each TIFF or .JPG image shall be branded
with sequential production number and appropriate
confidentiality designations. Each TIFF or .JPG image
filename shall correspond to the Bates number associated with
that page. TIFF or .JPG files shall show all text and images
that would be visible to a user of the hard-copy document.
Producing such hard-copy documents in such formats does not
change their character from hard-copy documents into ESI.
DATABASE LOAD FILES/CROSS-REFERENCE FILES. A
production should be provided with (a) an ASCII delimited
data file (“.dat”) using Concordance default
delimiters, and (b) an Opticon (Concordance Image) image load
file (“.opt”) that can be loaded into Concordance
version 8 or above. In addition:
1. The total number of documents referenced in a
production's data load file should match the total number
of designated document breaks in the Image Load file(s) in
2. The Opticon file should provide the beginning and ending
Bates number of each document and number of pages it
comprises. Each TIFF in a production must be referenced in
the corresponding image load file.
3. In addition to the metadata fields identified for
production in Section IV.C below, each .dat file shall
include links to multi-page (document level) text files
OCR TEXT FILES. A commercially acceptable
technology for optical character recognition
(“OCR”) shall be used for all scanned, hard-copy
documents. The filename for the multipage text file described
above in Section III.B.3 shall correspond to the beginning
Bates number of the document. If the document is redacted,
the text file ...