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Eakin Enterprises, Inc., A Washington Corporation v. Specialty Sales

April 16, 2012

EAKIN ENTERPRISES, INC., A WASHINGTON CORPORATION PLAINTIFF,
v.
SPECIALTY SALES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
DEFENDANT. SPECIALTY SALES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
COUNTER-PLAINTIFF,
v.
EAKIN ENTERPRISES, INC., A WASHINGTON CORPORATION, AND JOHN W. EAKIN, AN INDIVIDUAL
COUNTER-DEFENDANTS.



The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

REX B. STRATTON, WSBA No. 1913 STRATTON LAW & MEDIATION P.S. 18826 Robinwood Road SW P.O. Box 636 3 Vashon, Washington 98070 Telephone: 206-408-7368 4 Facsimile: 206-260-3816 (Pro Hac Vice) 5 Attorneys for Plaintiff and Counter-Defendants 6 EAKIN ENTERPRISES, INC. JOHN W. EAKIN 7 MARK D. MILLER, Ca. Bar No. 116349 8 MARCUS N. DiBUDUO, Ca. Bar No. 258684 SIERRA IP LAW PC 9 6780 N. West Avenue, Suite 102 Fresno, CA 93711 10 Telephone: 559-436-3800 Facsimile: 559-436-4800 11 Attorneys for Defendant 12 SPECIALTY SALES LLC 13

STIPULATION AND ORDER REGARDING E-DISCOVERY

WHEREAS, the parties, through their respective counsel have met and discussed the 2 topics required by Federal Rule of Civil Procedure 26 and the Order Setting Mandatory 3 Scheduling Conference in this case; and 4

WHEREAS, the parties have agreed to streamline production pertaining to Electronically 5 Stored Information. 6

NOW THEREFORE, the parties, through their respective counsel, hereby agree to entry 7 of the following Stipulation and Order regarding E-Discovery: 8 9

1. This Stipulation and Order supplements all other discovery rules and orders. It 10 streamlines Electronically Stored Information ("ESI") production to promote a "just, speedy, and 11 inexpensive determination" of this action, as required by Federal Rule of Civil Procedure 1. 12

2. This Stipulation and Order may be modified in the Court's discretion or by 13 agreement of the parties. The parties shall jointly submit any proposed modifications within 30 14 days after the Federal Rule of Civil Procedure 16 conference. If the parties cannot resolve their 15 disagreements regarding these modifications, the parties shall submit their competing proposals 16 and a summary of their dispute. 17

3. Costs will be shifted for disproportionate ESI production requests pursuant to Federal Rule of Civil Procedure 26. Likewise, a party's non-responsive or dilatory discovery 19 tactics will be cost-shifting considerations.

4. A party's meaningful compliance with this Stipulation and Order and efforts to 21 promote efficiency and reduce costs will be considered in cost-shifting determinations. 22

5. Absent a showing of good cause, general ESI production requests under Federal Rules of Civil Procedure 34 and 45, or compliance with a mandatory disclosure requirement of 24 this Court, shall not include metadata. However, fields showing the date and time that the 25 document was sent and received, as well as the complete distribution list, shall generally be 26 included in the production if such fields exist.

6. Absent agreement of the parties or further order of this Court, the following 28 parameters shall apply to ESI production:

A. General Document Format. Each electronic document shall be produced in multiple-page Portable Document Format ("PDF") format. PDF files shall have a 3 resolution of 300 DPI. If readily available to the producing party, all PDF files shall 4 conform to the PDF/A standardized version, but in all cases PDF files shall be self 5 contained (including all content, fonts, and color information). All PDF files shall be 6 named with a unique production number followed by the appropriate file extension. If a 7 document is more than one page, the unitization of the document and any attachments 8 and/or affixed notes shall be maintained as they existed in the original document. 9

B. Text-Searchable Documents. No party has an obligation to make its production text-searchable; however, if a party's documents already exist in text-11 searchable format independent of this litigation, are converted to text-searchable format 12 for use in this litigation, including for use by the producing party's counsel, or if making 13 the production text-searchable is readily available and convenient to the producing party, 14 ...


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