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Liliana Cardenas, On Behalf of Herself and All Other Similarly v. Nbty

September 5, 2012

LILIANA CARDENAS, ON BEHALF OF HERSELF AND ALL OTHER SIMILARLY SITUATED CALIFORNIA RESIDENTS, PLAINTIFF,
v.
NBTY, INC., A DELAWARE CORPORATION AND REXALL SUNDOWN, INC., A FLORIDA CORPORATION,
DEFENDANTS.



The opinion of the court was delivered by: Hon. Carolyn K. Delaney United States Magistrate Judge

STIPULATION AND ORDER ON PROTOCOL FOR PRODUCTION OF ELECTRONICALLY STORED INFORMATION

After conferring on these matters, Plaintiff and Defendants in the above-captioned action ("the Litigation") stipulate and agree to this Electronic Discovery Protocol ("EDP" or "Protocol").

Application

1. The procedures and provisions set forth in this Protocol govern the production of "documents" and "electronically stored information" (as those terms are used in the Federal Rules of Civil Procedure) that are stored in electronic format, including paper documents that have been converted to an electronic format (collectively, "ESI"), in the Litigation. This agreement does not address, limit, or determine the relevance, discoverability, agreement to produce, or admission into evidence of electronically stored information ("ESI"). The Parties are not waiving the right to seek any discovery and are not waiving any objections to any discovery requests, and will meet and confer separately on the scope of production of ESI in response to any discovery requests. In the event that a Party has agreed to produce a particular source of responsive documents or electronically stored information but application of this Protocol would be unduly burdensome or impractical, the Party identifying the source will promptly notify the other Parties, who will then meet and confer concerning appropriate modifications of this Protocol with respect to that source.

Definitions

2. "Discovery Materials" is defined as all products of discovery and all information derived there from, including, but not limited to, documents, objects and things, deposition testimony, interrogatory/request for admission responses, and any copies, excerpts or summaries thereof, produced by any Party in the above-captioned matter.

3. Plaintiff and Defendants, as well as their officers, directors, employees, agents, and legal counsel, are referred to as the "Parties" solely for the purposes of this Protocol.

4. "Plaintiff" as used herein shall mean Liliana Cardenas, as well as any other individually named plaintiff in this case or in any case that is consolidated with this matter.

Discovery from Other Proceedings.

5. Within thirty (30) days after the entry of this Protocol, relevant discovery already produced by Defendants in other actions arising out of the promotion, marketing, distribution and sale of the Osteo Bi-Flex Products*fn1 and alleging unfair and deceptive health benefit claims, including other actions in federal court, state court, or state or governmental proceedings, will be produced in the same manner in which it was previously produced.

6. With such production of documents previously produced, Defendants will also identify by name and position all custodians that have been previously identified as having responsive ESI in other litigation, as well as the sources of information that have been searched during prior ESI collection in other litigation.

7. Within thirty (30) days after the production of materials from prior proceedings, the Requesting Party shall notify the Producing Party of any concerns they have with the form or content of the production, and the parties will meet and confer on those issues.

8. To the extent that Plaintiffs request, and Defendants agree to produce, additional responsive information, paragraphs 9 through 24 below will govern the processing and production of that information.

Production of Data, Generally

9. ESI, except for MS-Excel Worksheets, is to be produced in 300 DPI Group IV Monochrone Tagged Image File Format (.tiff or .tif) files. Tiff files shall be produced in single-page format along with image load files (.DII file and .OPT file and .LFP file). Except as described below for redacted documents, all documents are to be provided with extracted searchable text (.txt) files.

10. During the process of converting ESI from the electronic format of the application in which the ESI is normally created, viewed, and/or modified to .tiff, metadata values should be extracted and produced in a load file ("metadata load file"). All electronic format documents will be produced with extracted searchable text files (.txt). The parties agree to meet and confer about (a) ...


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