Case 1:23-cv-00278-MN Document 57 Filed 02/22/24 Page 1 of 6 PageID #: 1125
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. 23-278-MN
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`JURY TRIAL DEMANDED
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`)))))))))
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`PAYRANGE INC.,
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`Plaintiff,
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`v.
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`CSC SERVICEWORKS, INC.,
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`Defendant.
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`JOINT ORDER REGARDING ELECTRONICALLY STORED INFORMATION
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`The parties in the above-captioned case (collectively, the “Parties”) agree and stipulate to
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`the following procedures concerning
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`the discovery and production of electronically
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`stored information (“ESI”).
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`1.
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`Cooperation
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`The parties are expected to reach agreements cooperatively on how to conduct discovery under
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`Fed. R. Civ. P. 26 to 36.
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`2.
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`Proportionality
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`The parties are expected to use reasonable, good faith and proportional efforts to preserve,
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`identify, and produce relevant information. This includes identifying appropriate limits
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`to discovery, including limits on custodians, identification of relevant subject matter, time
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`periods for discovery, and other parameters to limit and guide preservation and discovery issues.
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`3.
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`Preservation
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`Absent a showing of good cause by the requesting party, (1) the parties shall not be required to
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`modify the procedures used by them in the ordinary course of business to back up and archive
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`data, provided that the parties preserve the non-duplicative discoverable information currently in
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`their possession, custody, or control; and (2) the categories of ESI identified in Schedule A of the
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`District of Delaware’s Default Standard for Discovery need not be preserved.
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`4.
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`Privilege
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`The Parties are not required to include communications between litigation counsel and their
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`client regarding this litigation on privilege logs generated after April 19, 2022, the filing of the
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`original complaint in PayRange Inc. v. CSC ServiceWorks, Inc. et al., No. 1:22-cv-00502 (D. Del.
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`Apr. 19, 2022). The parties are not required to include in privilege logs any information generated
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`after the filing of the original complaint in this lawsuit (March 15, 2023).
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`5.
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`Custodian identification and search terms
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`On or before February 23, 2024, the Parties shall identify two custodians most likely to
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`have discoverable information in their possession, custody, or control. The custodians shall be
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`identified by name, title, and subject matter of information. The opposing party may request to add
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`one additional custodian. By March 1, 2024, if the producing party elects to use search terms to
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`locate potentially responsive ESI, it shall disclose the search terms to the requesting party. Absent
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`a showing of good cause, by March 8, 2024, a requesting party may request no more than 10
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`additional terms to be used in connection with the electronic search. Focused terms, rather than
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`over-broad terms (e.g., product and company names), shall be employed. If any party has an
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`objection to the custodians or search terms, the party should raise the objection by March 15, 2024.
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`The parties thereafter should meet and confer to try and resolve the dispute. If an agreement is not
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`reached regarding any requests for additional or alternative custodians and search terms, the parties
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`will follow the Court’s discovery dispute resolution procedures in paragraph 8(g) of the Scheduling
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`Order (D.I. 24).
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`The producing party shall search ESI maintained by the custodians identified in accordance
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`with this paragraph. Notwithstanding prior agreement on the search terms to be used for electronic
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`searches, should a search produce an unreasonably large number of non-responsive or irrelevant
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`results, the parties shall (at the producing party’s request) meet and confer to discuss application
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`of further negative search restrictions. The party receiving production shall not unreasonably
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`oppose such further restrictions designed to filter immaterial search results. The parties shall
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`substantially complete custodial document productions by the date specified in the Scheduling
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`Order for substantial completion of document production. Nothing herein shall prevent a party
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`from seeking targeted additional discovery responsive to a request for production.
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`6.
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`Non-custodial discovery
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`The producing party also must make reasonable efforts to search for, identify, and produce
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`relevant and responsive non-custodial ESI from non-custodial data sources reasonably anticipated
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`to include non-cumulative responsive information.
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`7.
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`On-site inspection of electronic media
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`On-site inspection of electronic media shall not be permitted absent a demonstration by the
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`requesting party of specific need and good cause.
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`8.
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`Previous litigations
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`Documents which were produced in previous litigations may be produced in the same
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`format as previously produced, except that, upon the request of a party, specified Excel and
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`PowerPoint files (identified by Bates number by the requesting party) shall be produced in native
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`format, if available, regardless of how they were previously produced. Documents which were
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`produced in the prior litigation shall retain the Bates numbers from those litigations on the
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`documents and in the metadata.
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`9.
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`Format
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`ESI and non-ESI shall be produced to the requesting party as text-searchable image files
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`(e.g. TIFF) or in its native format. When a text-searchable image file is produced, the producing
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`party must preserve the integrity of the underlying ESI, i.e., the original formatting, the metadata
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`(as noted below), and, where applicable, the revision history. To the extent not produced in native
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`format, the parties shall produce their information in the following format: single-page TIFF
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`images and associated multi-page text files containing extracted text or OCR with Concordance
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`and Opticon load files containing all requisite information including relevant metadata (see
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`Attachment A). Excel and PowerPoint files should be produced in native format. Emails may be
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`produced as single, complete thread, rather than producing each email separately within a single
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`thread. Images shall be formatted as Group IV, single page, black and white .TIFF files. However,
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`color images may be provided in .JPG format when black and white does not properly convey the
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`content or context of a document. Extracted text shall be provided at the document level as
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`individual .TXT files whose file names shall match the corresponding document’s beginning Bates
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`number. Extracted text files shall be contained in folders separate from production images.
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`10. Metadata
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`The parties are obligated to provide only the metadata set forth in Attachment A for all ESI
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`produced, to the extent such metadata exists.
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`11.
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`Native files
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`The parties shall meet and confer and negotiate in good faith and as necessary regarding
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`the production of native files.
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`12.
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`No backup restoration required
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`Absent a showing of good cause, no party need restore any form of media upon which
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`backup data is maintained in a party’s normal or allowed processes, including, but not limited to,
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`backup tapes, disks, SAN, and other forms of media, to comply with its discovery obligations in
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`this case.
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`Assent to the entry of the foregoing ESI Stipulation is hereby given by the parties by and
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`through their attorneys.
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`POTTER ANDERSON & CARROON LLC
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`PHILLIPS, MCLAUGHLIN & HALL, P.A
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`/s/ Andrew M. Moshos
`David E. Moore (#3983)
`Bindu A. Palapura (#5370)
`Andrew M. Moshos (#6685)
`Hercules Plaza, 6th Floor
`1313 N. Market Street
`Wilmington, DE 19801
`Tel: (302) 984-6000
`dmoore@potteranderson.com
`bpalapura@potteranderson.com
`amoshos@potteranderson.com
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`Attorneys for Plaintiff PayRange Inc.
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` /s/ Megan C. Haney
`John C. Phillips, Jr. (#110)
`Megan C. Haney (#5016)
`1200 North Broom Street
`Wilmington, DE 19806
`(302) 655-4200
`jcp@pmhdelaw.com
`mch@pmhdelaw.com
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`Attorneys for Defendant CSC Security
`Incorporated
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`IT IS SO ORDERED this 22nd day of February 2024.
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`___________________________________________
`The Honorable Maryellen Noreika
`United States District Judge
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`Case 1:23-cv-00278-MN Document 55 Filed 02/21/24 Page 6 of 6 PageID #: 1122Case 1:23-cv-00278-MN Document 57 Filed 02/22/24 Page 6 of 6 PageID #: 1130
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`FIELD
`Beginning Bates Number for Document
`Ending Bates Number for Document
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`Beginning Bates Number for Family
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`Ending Bates Number for Family
`Custodian
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`ATTACHMENT A
`FIELDS IN LOAD FILES (DAT) TO BE INCLUDED IN EACH PRODUCTION VOLUME
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`DETAIL
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`Bates number of first page of first document
`in family (parent + attachments)
`Bates number of last page of last document in
`family (parent + attachments)
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`includes custodians of deduplicated copies of
`document
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`for email messages
`for email messages
`for email messages
`for email messages
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`for email messages
`mm/dd/yyyy - for email messages
`hh:mm:ss - for email messages
`mm/dd/yyyy - for email messages
`hh:mm:ss - for email messages
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`
`
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`numeric, in bytes
`from application metadata
`from application metadata
`from application metadata
`mm/dd/yyyy - for files
`hh:mm:ss - for files
`mm/dd/yyyy - for files
`hh:mm:ss - for files
`path to linked native file
`path to document-level full text file
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`
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`Custodians
`Page Count
`From
`To
`CC
`BCC
`Email Subject
`Conversation Index
`Date Received
`Time Received
`Date Sent
`Time Sent
`MD5 Hash
`Path to File or Message
`File Name
`File Extension
`File Size
`Author
`Last Author
`Title
`Date Created
`Time Created
`Date Last Modified
`Time Last Modified
`Native File
`Full Text
`Production Volume
`Confidentiality Label
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