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Matthew Edwards, et al., Individually and On Behalf of All Others Similarly Situated v. National Milk Producers Federation

February 14, 2013

MATTHEW EDWARDS, ET AL., INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED,
PLAINTIFFS,
v.
NATIONAL MILK PRODUCERS FEDERATION, AKA COOPERATIVES ESI WORKING TOGETHER; DAIRY FARMERS OF AMERICA, INC.; LAND O'LAKES, INC.; DAIRYLEA COOPERATIVE INC.; AND AGRI-MARK, INC.,
DEFENDANTS.



The opinion of the court was delivered by: Hon. Jeffrey S. White

CLASS ACTION STIPULATION AND [PROPOSED] 20ORDER RE DISCOVERY PROTOCOL Courtroom: 11

I. DEFINITIONS

A. "Electronically stored information" or "ESI," as used herein, means and refers to computer generated information or data of any kind, stored in or on any storage media located on computers, file servers, disks, tape or other real or virtualized devices or media. Non limiting examples of ESI include: * Emails;

* E-Mail Server Stores (e.g., Lotus Domino .NSF or Microsoft Exchange .EDB); 10 * Word processed documents (e.g., Word or WordPerfect files and drafts); 11 * Spreadsheets and tables (e.g., Excel or Lotus 123 worksheets); 12 * Accounting Application Data (e.g., QuickBooks, Money, Peachtree data); 13 * Image and Facsimile Files (e.g., .PDF, .TIFF, .JPG, .GIF images); 14 * Sound Recordings (e.g., .WAV and .MP3 files); 15 * Video and Animation (e.g., .AVI and .MOV files); 16 * Databases (e.g., Access, Oracle, SQL Server data, SAP); 17 * Contact and Relationship Management Data (e.g., Outlook, ACT!); 18 * Calendar and Diary Application Data (e.g., Outlook PST, blog entries); 19 * Presentations (e.g., PowerPoint, Corel Presentations); 20 * Computer Aided Design/Drawing Files; 21 * Cloud based or other virtualized ESI, including application, infrastructure and data; and 22 * Backup and Archival Files (e.g., Vertitas, Zip, .GHO). 23 Notwithstanding anything to the contrary herein, the following ESI are not discoverable in 24 this action except upon a showing of good cause as may be determined by the Court: 25 1. Information contained on back-up tapes or other long-term, archival storage media 26 that were created for use as a disaster recovery mechanism. If a Party requests that such long-term storage media be searched for ESI that is not cumulative of ESI stored in active media or that is not available as paper or hard copy discovery, the Parties agree to meet and confer in good faith regarding the request, including the appropriateness of cost sharing. 2 2. Temporary data stored in a computer's random access memory or RAM.

3. Temporary data such as voicemail, instant messages, social media postings and 4 other forms of ESI that are not normally recorded and preserved in the course of the company's 5 business operations. 6 B. "Native data format" means and refers to the format of ESI in which it was 7 generated and/or as used by the producing party in the usual course of its business and in its 8 regularly conducted activities. 9 C. "Metadata" means and refers to information about information or data about 10 data, and includes without limitation (i) information embedded in or associated with a native file 11 that is not ordinarily viewable or printable from the application that generated, edited, or modified 12 such native file which describes the characteristics, origins, and/or usage of the electronic file 13 and/or (ii) information generated automatically by the operation of a computer or other information 14 technology system when a native file is created, modified, transmitted, deleted or otherwise 15 manipulated by a user of such system. 16 D. "Static Image" means or refers to a representation of ESI produced by converting a 17 native file into a standard image format capable of being viewed and printed on standard computer 18 systems. 19 E. "Documents" includes writings, drawings, graphs, charts, photographs, sound 20 recordings, images, and other data, data records or data compilations - stored in any medium from 21 which information can be obtained. 22 F. "Media" means an object or device, real or virtualized, including but not limited to 23 a disc, tape, computer or other device, on which data is or was stored.

II. FORMAT OF PRODUCTION 26

A. TIFF Image Files. The Parties agree that all ESI will be produced as single-page, 27 black-and-white Group IV TIFF image files of at least 300 dpi resolution, except as provided in 28 section II.H. Each image file shall be of the form: .tif where is the BATES number of the page. Original document orientation as displayed in the native file should 2 be maintained in the TIFF image (e.g., portrait to portrait and landscape to landscape). 3
4 containing searchable text from the native file. Each filename shall be of the form: .txt where is the BATES number of the first page of the document. Text shall 6 be encoded in UTF-8. Load files of the static images should be created and produced together with 7 their associated static images to facilitate the use of the produced images by a document 8 management or litigation support database system. The parties shall meet and confer to the extent 9 reasonably necessary to facilitate the import and use of the produced materials with commercially 10 available document management or litigation support software. 11 12 production of discoverable electronic information contained in a database, in lieu of producing the 13 database, the parties shall meet and confer to, with an understanding of which fields are relevant, 14 agree upon a set of queries to be made for discoverable information and generate a report in a 15 reasonably usable and exportable electronic file (e.g., Excel or CSV format) for review by the 16 requesting party or counsel. Upon review of the report(s), the requesting party may make 17 reasonable requests for additional information to explain the database schema, codes, 18 abbreviations, and different report formats or to request specific data from identified fields. 19

If a producing party asserts that certain ESI is inaccessible or otherwise unnecessary or inadvisable 20 under the circumstances, or if the requesting party asserts that, following production, certain ESI is 21 not reasonably usable, the parties shall meet and confer with their respective technology experts to 22 discuss resolving such assertions. If the parties cannot resolve any such disputes after such a meet 23 and confer has taken place, the issue shall be presented to the Court for resolution. 24

25 originally generated as ESI but now only exist in physical hard-copy format, and documents or 26 records that were originally generated in hard-copy format, shall be converted to a single page 27

.TIFF file and produced following the same protocols set forth herein or otherwise agreed to by the 28 parties. OCR will be provided for such documents.

B. Text Files. Accompanying these TIFF files shall be a multipage text (.TXT) file

C. Production of Structured Data. To the extent a response to discovery requires

D. Production of Physical Documents. Documents or records that either were 2 shall be produced as TIFF images. The exception to this rule shall be presentation-application files 3

Access), and multimedia audio/visual files such as voice and video recordings (e.g., .wav, .mpeg, 5 and .avi files), for which all ESI items shall be produced in native format. Each native file shall be 6 of the form: .ext where is the BATES number of the document and .ext 7 is the original native file extension. In the event a Document subject to this paragraph requires 8 redaction, it shall be produced in TIFF in accordance with paragraph II.I below. If upon review the 9 receiving party believes the production of an above-listed document in TIFF is inadequate, it shall 10 meet and confer with the producing party regarding whether an alternate method of redaction 11 would be appropriate. 12

13 files as detailed in Section II.L below. Each party will designate its preferred format for receiving 14 production documents. Defendants' preferred load file format is set forth in Section L. Plaintiffs' 15 preferred production format is set ...


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