UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
December 9, 2011
SCHLUMBERGER TECHNOLOGY CORPORATION, INC., A TEXAS CORPORATION PLAINTIFF,
EAST CHARLESTON, INC., A CALIFORNIA CORPORATION; PACIFIC AMERICAN MANAGEMENT COMPANY, A CALIFORNIA
LIMITED LIABILITY CORPORATION,
The opinion of the court was delivered by: Lucy H. Koh United States District Judge
RICHARD C. COFFIN (State Bar No. 70562); firstname.lastname@example.org J. THOMAS BOER (State Bar No. 199563); email@example.com LAURA S. BERNARD (State Bar No. 197556); firstname.lastname@example.org BARG COFFIN LEWIS & TRAPP, LLP 350 California Street, 22nd Floor San Francisco, California 94104-1435 Telephone: (415) 228-5400 Fax: (415) 228-5450 Attorneys for Plaintiff
SCHLUMBERGER TECHNOLOGY CORPORATION, INC.
[PROPOSED] CASE MANAGEMENT ORDER NO. 2
AND RELATED ACTIONS
Plaintiff Schlumberger Technology Corporation ("STC"), defendants East Charleston, Inc. ("ECI") and Pacific American Management Company ("PAMCO"), and third party 22 defendant Fairchild Semiconductor Corporation (collectively "Parties") submit the following 23 proposed Case Management Order No. 2, consistent with the Parties' position in the Rule 26 24 Report and pursuant to the Court's orders at the November 22, 2011 Case Management 25 Conference and in the November 22, 2011 Minute Order and Case Management Order.
A. Production of Documents, Including ESI
The Parties have agreed that each party producing documents in this case will produce a CD/DVD containing a digitized, searchable (i.e., optical character recognition) version of the 5 documents, imaged in single page TIFF format with document unitization and with industry-6 standard load files such as Opticon or IPRO LFP format with a delimited text file to indicate 7 where each document starts and stops. All documents produced by any party will be numbered 8 sequentially. Each party will choose a Bates prefix, consisting of uppercase letters, to be listed 9 before the Bates number for each document produced by that party. The image filename will 10 correspond with its Bates number. 11
apply to documents with a native format that prohibits printing on standard size paper (e.g., 13 audio, video, or oversized documents such as maps) or are requested in their native format (e.g., 14 Excel spreadsheets, AutoCAD, MODFLOW). Such documents will be produced in their native 15 format. The image filename of files produced in native format will correspond with the 16 respective assigned Bates numbers. Production of documents in native format does not preclude 17 a party from also producing those documents in TIFF format marked with Bates numbers if its 18 elects to do so. 19
20 documents that have otherwise been collected in electronic form (e.g., in ZIP files) will be 21 produced in the TIFF, Bates-numbered format, as described above, absent a particular need for 22 these documents in their original format. 23
The provisions of this section do not apply to documents received from third parties (including public agencies) or expert witnesses, to the extent such documents are produced. 25
1. Privilege Logs
In the event that any party withholds documents on the basis of privilege, that party will The requirement to produce a digitized version of documents in TIFF format will not Standard documents such as e-mails, word processing documents, or hard copy
B. Privilege Issues
28 produce a privilege log listing the author, all known recipients, the date, a brief description of the document, and the privilege claimed. The log must be served no later than 30 days from the date 2 of the document production to which the privilege log applies. 3
4 production of the privilege log. 5
counsel regarding this action; 2) confidential work product created by or at the request of counsel 7 for any of the parties in connection with this action; 3) confidential communications between a 8 party and its non-designated consultants regarding this action; 4) confidential communications 9 between a party and its designated expert pursuant to Rule 26; or 5) communications or 10 documents related to any mediation process. These exceptions will not apply to any public or 11 non-confidential documents or to documents that were disclosed to a third party (other than those 12 noted above) in addition to counsel.
2. Inadvertent Production
Any challenge to the privilege log must be filed and served within 45 days after the The privilege log need not list: 1) confidential communications between a party and its 15 producing party if the document appears on its face to have been inadvertently produced or if 16 there is a notice from the producing party of the inadvertent production of privileged or work 17 product information. The receiving party will not disclose or use in any manner the inadvertently 18 disclosed privilege information. 19
II. Confidentiality/Protective Order 20
21 issuance of any protective orders necessary for this matter. 22
III. Dispositive Motions 23
The section titled "Dispositive Motions" in the November 22, 2011 Minute Order and Case Management Order shall be changed to reflect the Court's order at the November 22, 2011 25 Case Management Conference as follows: 26 27 later than March 7, 2013 at 1:30 p.m. Each side is limited to one summary judgment motion if to 28 be heard on March 7, 2013. Each side is limited to filing one additional summary judgment
Documents that contain privileged information will be immediately returned to the The Parties shall follow Federal Rule of Civil Procedure 26(c) with the respect to the Dispositive Motions shall be filed no later than January 31, 2013, and set for hearing no motion or partial summary judgment motion prior to the January 31, 2013 filing deadline. 2
IT IS SO ORDERED.
Dated: December _˝_______, 2011
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