The opinion of the court was delivered by: Magistrate Judge Jacqueline Scott Corley
STIPULATION REGARDING ESI DISCOVERY PLAN
Honorable: Edward M. Chen
AND RELATED COUNTERCLAIMS. 23 24
Plaintiff-Counterclaim Defendant Symantec Corporation ("Symantec") and Defendants-
Counterclaimants Acronis, Inc. and Acronis International GmbH (collectively "Acronis") hereby 26 stipulate, subject to approval of the Court, that:
1. The parties agree to conduct a reasonable and thorough search for paper documents
2 and electronically stored information (ESI) responsive to the other side's discovery requests 3 subject to the producing party's objections or that are otherwise relevant to any claim or defense 4 asserted in the above captioned case. Subject to the provisions of this agreement, each party will 5 conduct a good faith search for relevant and responsive information regardless of how that 6 7 information is kept in the ordinary course. The parties need not exchange and negotiate search
terms with the other side before collecting and producing relevant and responsive information. 9
2. When possible, electronically-stored documents in English that are text-searchable
10 in their native form will be produced as .tiff images or searchable .pdf images with appropriate 11
Bates numbers and confidentiality designations and, in the case of .tiff images, with load files that 12 denote document breaks and document family relationships and extracted or OCR'd text that is 13 searchable (i.e., production in native format is permitted but not required). Additionally, the 14 15 parties agree to reasonably accommodate one another's requests for production of certain documents in native format, such as financial information in native Excel format, to facilitate use 17 by each party and their experts.
3. No party will be obligated to render a document that is not searchable in its native 19 format, or that the party does not possess in its native format, to searchable form for the purposes 20 of producing the document. 21 22
4. Documents that originally exist in paper form will be produced as searchable .tiff images or .pdf images.
5. In producing documents written primarily or entirely in languages other than English, the parties agree that the producing party will produce (1) all non-privileged English 26 translations of such documents that were prepared by or on behalf of the producing party before 27 the filing of this litigation and (2) all certified English translations created during this litigation of documents written primarily or ...