JOINT PROTOCOL FOR THE PRODUCTION OF ELECTRONICALLY STORED INFORMATION AND ORDER THEREON
BARBARA A. McAULIFFE, Magistrate Judge.
The following Joint Protocol for the Production of Electronically Stored Information shall govern Plaintiff WEST PACIFIC ELECTRIC COMPANY, CORP.'S and Defendants DRAGADOS/FLATIRON; LIBERTY MUTUAL INSURANCE COMPANY; FIDELITY AND DEPOSIT COMPANY OF MARYLAND; ZURICH AMERICAN INSURANCE COMPANY; THE CONTINENTAL INSURANCE COMPANY; XL SPECIALTY INSURANCE COMPANY; THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA; AMERICAN HOME ASSURANCE COMPANY; NATIONAL INDEMNITY COMPANY; TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA; and FEDERAL INSURANCE COMPANY's (collectively, the "Parties," and singularly, "Party") discovery in this matter. As used in this document, the term Electronically Stored Information or ESI means discoverable documents and data consistent with FRCP 34(a) relevant to the claim(s) or defense(s) of any Party subject to discovery pursuant to FRCP 26(b)(1).
The production of ESI shall proceed in the following manner:
1. All scanned paper, email, email attachments, and native files shall be converted to single page TIFF files and Bates numbered including fully searchable text.
2. Production of records shall be in load file format with data properly mapped.
3. Color documents will be converted to TIFF in the same color that they were maintained in the ordinary course of business.
4. Bates numbering used will be unique and consistent throughout the production and any supplements and shall not be custodian based and will appear in the right lower corner of all documents.
5. E-mail messages and attachments will be numbered consecutively and produced together in a parent (e-mail) — child (attachment) fashion (i.e., email followed by attachment) and kept together as one single document.
6. The Parties will meet and confer over the necessity of producing native Excel, CSV, CAD, Database and/or schedule files on a document by document basis.
7. Parties shall produce metadata for ESI with a .DAT file. Metadata data fields to include, the following: BegProdNo, EndProdNo, BegProdAttach, EndProdAttach, PgCount or ImageCnt, Mail to, Mail from, Mail CC, Mail BCC, Date Sent, Time Sent, Email Subject or Title, Author, Filename or Title, DateLastMod, Creation Date or Document Date, RecordType, DocType. DocAuthor, SHA1-HASH or MD5-HASH, LOCATIONS (i.e., mail location or filepath).
8. Parties shall produce Images in single page TIFF format with an .LFP or.OPT load file.
9. Parties shall produce OCR or extracted text as document level Text files with an .LST load file.
10. Load files shall be contained in separate folders as follows:
Data
Images
Text
OCR
11. DFJV will be producing project documents, except emails, by October 25,
2018.
12. DFJV's Project emails will be reviewed for privileged/confidential information and produced by November 8, 2018.
13. This ESI Protocol will be subject to the stipulated protective order issued in the case.
14. This ESI Protocol will not govern the production of documents by third parties pursuant to third party subpoenas.
15. This ESI Protocol does not prevent challenges by either Party to the admissibility or trial use of documents produced under this ESI Protocol.
16. This ESI Protocol can only be amended by a writing signed by counsel for the Parties.
17. The Parties agree to meet and confer in good faith over any dispute involving ESI produced under this ESI Protocol.
ORDER
The stipulated joint protocol for the production of electronically stored information is HEREBY APPROVED pursuant to Federal Rule of Civil Procedure 34(b)(2)(E).
IT IS SO ORDERED.
