United States District Court, D. Kansas
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
STIPULATED ORDER REGARDING E-DISCOVERY
P. O'HARA UNITED STATES MAGISTRATE JUDGE.
Court ORDERS as follows:
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.
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
party's meaningful compliance with this order and efforts
to promote efficiency and reduce costs will be considered in
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.
Absent agreement of the parties or further order of this
court, the following parameters shall apply to ESI
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.
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.
Footer. Each document image shall contain a
footer with a sequentially ascending production number.
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.
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 ...