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Thought, Inc., A California Corporation v. Oracle Corporation

May 7, 2013

THOUGHT, INC., A CALIFORNIA CORPORATION,
PLAINTIFF,
v.
ORACLE CORPORATION, A DELAWARE CORPORATION;
ORACLE AMERICA, INC., A DELAWARE CORPORATION; AND
ORACLE INTERNATIONAL CORPORATION, A CALIFORNIA CORPORATION
DEFENDANTS.



The opinion of the court was delivered by: Honorable Jeffrey S. White United States District Judge

[PROPOSED] STIPULATION AND ORDER REGARDING E-DISCOVERY

STIPULATION REGARDING E-DISCOVERY

The above-captioned Parties stipulate as follows: 3

1. This order supplements all other discovery rules and orders. It streamlines Electronically Stored Information ("ESI") production to promote a "just, speedy, and inexpensive 5 determination" of this action, as required by Federal Rule of Civil Procedure 1. 6

2. This order may be modified in the Court's discretion or by agreement of the parties.

If the parties cannot resolve their disagreements regarding any modifications, the parties shall 8 submit their competing proposals and a summary of their dispute to the Court. 9

10 shifting determinations, if any. A party's meaningful compliance with this order and efforts to 11 promote efficiency and reduce costs will be considered in cost-shifting determinations, if any. 12

4. 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 this 15

5. Absent agreement of the parties or further order of this Court, the following

17 parameters shall apply to ESI production: 18

19 the production of discoverable documents and electronically stored information when production 20 commences. The following terms shall be defined: 21

22 information can be obtained or translated into reasonably usable form and shall have the same 23 meaning as used in the Federal Rules of Civil Procedure and case law construing same. 24

25 creating application for the ESI, e.g., the file in which the ESI is normally created, viewed and/or 26 modified. 27

(3) "Metadata" means: (i) information embedded in a Native File that is 28 not ordinarily viewable or printable from the application that generated, edited, or modified such

3. A party's non-responsive or dilatory discovery tactics will be considered in cost Both parties reserve the right to seek cost shifting under appropriate circumstances. 13

Court, shall not include metadata except as indicated in Paragraph 5.I.

A. Definitions and Scope. The following protocol and definitions shall control (1) "Document(s)" means ESI existing in any medium from which (2) "Native File(s)" or "Native Format" means the file defined by the Native File; and (ii) information generated automatically by the operation of a computer or other 2 information technology system when a Native File is created, modified, transmitted, deleted or 3 otherwise manipulated by a user of such system. 4

(4) "Static Image(s)" means a representation of ESI produced by 5 converting a Native File into a standard image format capable of being viewed and printed on 6 standard computer systems. A Tagged Image File Format (TIFF) image is an example of a Static 7

(5) "Load/Unitization file" means an electronic file containing 9 information identifying a set of paper-scanned images or processed ESI and indicating where 10 individual pages or files belong together as Documents, including attachments, and where each 11 document begins and ends. A Load/Unitization file will also contain data relevant to the individual 12

Extracted Text. 14

software used in conjunction with a scanner that is capable of reading text-based documents and 16 making such documents searchable using appropriate software. 17 includes all header, footer and document body information. 19

34(a) or pursuant to initial production of documents identified in the party's Rule 26(a) disclosures. 22

23 response to any request for production of documents pursuant to Fed. R. Civ. P. 34(a) or pursuant 24 to initial production of documents identified in the party's Rule 26(a) disclosures. 25

Image. 8

Documents, including extracted and user created Metadata, coded data, as well as OCR or 13

(6) "OCR" means the optical character recognition file that is created by

(7) "Extracted Text" means the text extracted from a Native File and

(8) "Receiving Party" shall mean the party receiving production of

Documents in response to any request for production of document(s) pursuant to Fed. R. Civ. P. 21

(9) "Producing Party" shall mean the party producing Documents in B. General Format of Production. Subject to the provisions of paragraph

5.C., Documents that are produced in these proceedings, whether originally stored in paper or 27 electronic form, shall be produced in electronic image form in the manner as described below. 28

Notwithstanding the foregoing provisions of this paragraph, the Parties reserve the right to request that an alternative format or method of production be used for Documents that are not susceptible 2 to production in the format or methods of production addressed herein. In that event, the Receiving 3

Party and the Producing Party will meet and confer to discuss alternative production requirements, 4 concerns, formats, or methods. following formats: 7

8 maintained in paper format shall be scanned as black and white images at 300 x 300 d.p.i. or 9 greater resolution, in a Group 4 compression single-page Tagged Image File Format ("TIFF" or 10 ".tiff format") reflecting source attachment information and reflecting the full and complete 11 information contained in the original Document. Documents shall also be produced with the 12 associated OCR in accordance with Paragraph 5.C.(3). No Producing Party shall be required to 13 ensure that the OCR is an exact duplicate of the contents of the TIFF image; and the Receiving 14

(2) Electronically Stored Information. Except as provided in Paragraph 5.C.(5) below, Document images shall be generated from electronic Documents in a 17 Group 4 compression single-page black and white "TIFF" image that reflects the full and complete 18 information contained on the original document, together with a load file or functional equivalent 19 specified in Paragraph 5.C.(3) that contains (or is produced with a corresponding text file that 20 contains) the metadata as set forth in Paragraph 5.I. and extracted text. In the event a Document is 21 redacted, the Producing Party shall withhold the redacted text for that Document. The failure to 22 withhold such text for a redacted document by a Producing Party shall not be deemed a waiver of 23 the privilege associated with that Document. 24 25 a unitization file ("load file") for all produced Documents in accordance with the following 26 formatting, including for native Documents (in the same or a separate load file): 27

* Single text file per document containing all the document's pages

C. Production Format. Documents shall be produced according to the (1) Electronic Production of Paper Documents. Documents that are Party shall accept the OCR in its "as is" condition. 15

(3) Load/Unitization File Structure. The Producing Party shall produce

OCR and Extracted Text Files (.TXT Files):

* Pages separated by form feed character (decimal 12, hex 0xC)

* Filenames should be of the form:

.txt
Where is the BATES number of the first page in the

document.

* Text must be encoded in ...


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