Case 2:14-cv-03113-JAK-JEM Document 39-4 Filed 09/05/14 Page 1 of 6 Page ID #:399
`Case 2:l4—cv—O3113—JAK—JEM Document 39-4 Filed 09/05/14 Page 1 of 6 Page ID #:399
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` EXHIBIT "D"
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`EXHIBIT "D"
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`Case 2:l4—cv—O3113—JAK—JEM Document 39-4 Filed 09/05/14 Page 1 of 6 Page ID #:399
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` EXHIBIT "D"
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`EXHIBIT "D"
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`Case 2:14-cv-03113-JAK-JEM Document 39-4 Filed 09/05/14 Page 2 of 6 Page ID #:400
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`Ryan K. Yagura (SBN 197619)
`ryagura@omm.com
`Kevin Murray (SBN 275186)
`kmurray2@omm.com
`O’MELVENY & MYERS LLP
`400 South Hope Street
`Los Angeles, CA 90071
`Telephone: (213) 430-6189
`Facsimile: (213) 430-6407
`
`Michael J. Lennon (pro hac vice)
`mlennon@kenyon.com
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004
`Telephone: (212) 425-7200
`Facsimile: (212) 425-5288
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`Attorneys for Defendants
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`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
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`Case No. CV 14-03113 JAK(JEMx)
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`SIGNAL IP, INC.,
`Plaintiff,
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`v.
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`VOLKSWAGEN GROUP OF
`AMERICA, INC., et al.,
`Defendants.
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`[PROPOSED] ORDER REGARDING
`ELECTRONIC DISCOVERY
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`The Court ORDERS as follows:
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`1.
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`Electronic Discovery. The parties shall produce documents electronically as
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`CASE NO. CV 14-03113 JAK(JEMX)
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`follows:
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`KENYON & KENYON
`LLP
`NEW Y ORK
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`Case 2:14-cv-03113-JAK-JEM Document 39-4 Filed 09/05/14 Page 3 of 6 Page ID #:401
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`A. General Document Image Format. Except as specified in Section G below,
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`each electronic document shall be produced in single-page Group IV Tagged
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`Image File Format (“TIFF”) format at 300 dpi or in PDF format. TIFF and
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`PDF files shall be single page and shall be named with a unique production
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`number followed by the appropriate file extension. An Opticon (.opt) or
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`IPRO (.lfp) load file shall be provided to indicate the location and unitization
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`of the TIFF files. Also, a basic .txt or .csv file, or a .dat file with
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`Concordance delimiters (i.e., a load file) shall be provided to indicate, at a
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`minimum, the beginning and ending production numbers, the production
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`volume id, and the number of pages for each document produced (see
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`Section C below). A document that the vendor was unable to process will
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`either be represented in the production set with a slip-sheet indicating that the
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`document was not processed or be listed on an electronic exception report in
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`a spreadsheet or similar report format.
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`B.
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`Text-Searchable Documents. No party has an obligation to make its
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`production text-searchable; however, if a party’s documents already exist in
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`text-searchable format independent of this litigation, or are converted to text-
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`searchable format prior to production for use in this litigation, including for
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`use by the producing party’s counsel, then such documents shall be produced
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`in the same text-searchable format at no cost to the receiving party.
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`- 1 -
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`CASE NO. CV 14-03113 JAK(JEMX)
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`Case 2:14-cv-03113-JAK-JEM Document 39-4 Filed 09/05/14 Page 4 of 6 Page ID #:402
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`C. Document Unitization. If a document is more than one page, the unitization
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`of the document and any attachments and/or affixed notes shall be
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`maintained as they existed in the original document. That unitization shall be
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`reflected in the load file described in Section A above. For email
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`attachments, appropriate attachment fields in the load file shall accompany
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`the beginning and ending production numbers for the email.
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`D.
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`Footer. Each document image shall contain a footer with a sequentially
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`ascending production number.
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`E.
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`Color. If the need arises to view a particular document in color, a party can
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`make a good faith request to receive color JPEG images for that document.
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`No images, including JPEG images, shall be compressed using the LZW
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`(Lempel-Ziv & Welch) algorithm.
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`F.
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`Extracted Metadata. No party has an obligation to produce metadata
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`associated with electronic documents; however, the producing party will, to
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`the extent reasonably possible, preserve any metadata associated with
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`electronic documents and, upon reasonable request and showing of
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`particularized need by the requesting party, will produce any available
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`metadata associated with the electronic document.
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`Field names shall be included as the first line of metadata load files.
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`Production numbers shall not be more than sixteen characters long or contain
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`spaces.
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`- 2 -
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`CASE NO. CV 14-03113 JAK(JEMX)
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`2)
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`Case 2:14-cv-03113-JAK-JEM Document 39-4 Filed 09/05/14 Page 5 of 6 Page ID #:403
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`G. Native Files. A party that receives a document produced in a format
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`specified above may make a reasonable request to receive the document in its
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`native format, and upon receipt of such a request and after a showing of
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`particularized need for the native file(s) by the requesting party, the
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`producing party shall produce the document in its native format, if
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`reasonably available. If a document is not formatted in a way that is easily
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`converted to TIFF format (e.g., database files, large excel spreadsheets), then
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`the producing party shall have the option of producing the document in
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`native format.
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`1)
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`Native files shall be named with a production number. All native files
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`produced shall be accompanied by load files as described in Section A above,
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`shall include a TIFF placeholder or slip-sheet, and shall include a
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`“NativeFile” field in a load file that contains the file paths to the native files
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`produced. The production number naming convention for native files shall
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`not include a confidentiality designation as part of that filename. However,
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`the confidentiality designation for a native file, if any, shall be included in a
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`“Designation” field in the corresponding load file.
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`H. Hard Copy Documents. Hard copy documents shall be scanned and
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`produced in the electronic format described in Sections A-D above.
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`I.
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`No Backup Restoration Required. The parties agree that, absent a specific
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`request for good cause shown, no party need restore any form of media upon
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`- 3 -
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`CASE NO. CV 14-03113 JAK(JEMX)
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`NEW Y ORK
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`Case 2:14-cv-03113-JAK-JEM Document 39-4 Filed 09/05/14 Page 6 of 6 Page ID #:404
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`which backup data is maintained in a party’s normal or allowed processes,
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`including but not limited to backup tapes, disks, SAN, and other forms of
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`media, to comply with its discovery obligations in the present case.
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`E-Mail, Voicemail, Instant Messages, and Text Messages. As a general
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`J.
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`matter, no party shall be obligated to search for or produce e-mails,
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`voicemails, instant messages, or cell phone text messages either in
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`responding to discovery requests in this case, or as would otherwise be
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`required under Rule 26. If a party believes that particular categories of
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`emails, voicemails, instant messages, or cell phone text messages of an
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`adverse, producing party may include relevant and discoverable information
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`not available by other means, a party may request that such material be
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`searched for by the adverse, producing party. The requesting party and the
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`producing party will negotiate in good faith regarding the requesting party’s
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`need for such production and the best manner of obtaining the particular
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`information, whether by keyword searches or otherwise. If an agreement
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`cannot be reached, either party may ask the Court for relief.
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`IT IS SO ORDERED.
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`Hon. John A. Kronstadt
`United States District Judge
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`- 4 -
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`CASE NO. CV 14-03113 JAK(JEMX)
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`KENYON & KENYON
`LLP
`NEW Y ORK
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