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Wiegand v. One World Foods, Inc.

United States District Court, S.D. Illinois

September 6, 2017

LARRY WIEGAND and TIMOTHY BLANKENSHIP on behalf of themselves and all others similarly situated, Plaintiffs,
v.
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 DOCUMENTS

          DONALD G. WILKERSON, UNITED STATES MAGISTRATE JUDGE

         THIS MATTER having been presented to the Court on consent of the parties, and for good cause shown;

         IT IS ON THIS 6th day of September, 2017;

         ORDERED that all parties' productions in this matter shall be in accordance with the following protocol:

         I. GENERAL PROVISIONS AND SCOPE:

         A. The 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.

         B. This 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.

         II. PRESERVATION AND COLLECTION:

         A. The 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.

         B. 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 such devices;
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.

         C. No 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.

         D. The 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.

         E. The 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 database servers.

         F. 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.

         III. PRODUCTION OF HARD-COPY DOCUMENTS

         The format of productions of hard-copy documents shall comply with the following requirements:

         A. 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.

         B. 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 the production.
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 (“Text Path”).

         C. 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 ...


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