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Garmin Switzerland GmbH v. FLIR Maritime US, Inc.

United States District Court, D. Kansas

March 27, 2017

Garmin Switzerland GmbH; and Garmin Corporation, Plaintiffs,
v.
FLIR Maritime US, Inc., Defendant.

          B. Trent Webb Aaron Hankel Ryan Schletzbaum (admitted pro hac vice) Lauren Douville (admitted pro hac vice) SHOOK, HARDY & BACON LLP ATTORNEYS FOR PLAINTIFFS

          MCDONALD TINKER PA Erin Sommer Good WEIL, GOTSHAL & MANGES LLP Brian E. Ferguson (admitted pro hac vice) Anish R. Desai (admitted pro hac vice) Stephen Bosco (admitted pro hac vice) Matthew Sieger (admitted pro hac vice) ATTORNEYS FOR DEFENDANT

          STIPULATED ORDER REGARDING E-DISCOVERY PRODUCTION

          JAMES P. O'HARA UNITED STATES MAGISTRATE JUDGE.

         The Court ORDERS as follows:

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

         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 these modifications, the parties shall submit their competing proposals and a summary of their dispute.

         3. A party's meaningful compliance with this order and efforts to promote efficiency and reduce costs will be considered in cost-shifting determinations.

         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 Court, shall not include metadata. However, fields showing the date and time that the document was sent and received, as well as the complete distribution list, shall generally be included in the production if such fields exist.

         5. Absent agreement of the parties or further order of this court, the following parameters shall apply to ESI production:

         A. General Document Image Format. Each electronic document shall be produced in single-page Tagged Image File Format (“TIFF”) format. TIFF files shall be single page and shall be named with a unique production number followed by the appropriate file extension. Load files shall be provided to indicate the location and unitization of the TIFF files. If a document is more than one page, the unitization of the document and any attachments and/or affixed notes shall be maintained as they existed in the original document.

         B. Text-Searchable Documents. No party has an obligation to make its production text-searchable; however, if a party's documents already exist in text-searchable format independent of this litigation, or are converted to text-searchable format for use in this litigation, including for use by the producing party's counsel, then such documents shall be produced in the same text-searchable format at no cost to the receiving party.

         C. Footer. Each document image shall contain a footer with a sequentially ascending production number.

         D. Native Files. A party that receives a document produced in a format specified above may make a reasonable request to receive the document in its native format, and upon receipt of such a request, the producing party shall produce the document in its native format. Parties may (without having received a request from the receiving party to do so) produce files in native format for which conversion to image format is difficult or impractical, such as Excel and Access files, and video and audio files.

         E. No Backup Restoration Required. Absent a showing of good cause, no party need restore any form of media upon which backup data is maintained in a party's normal or allowed processes, including but not limited to backup tapes, disks, SAN, and other ...


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