Filed: Sep. 19, 2017
Latest Update: Sep. 19, 2017
Summary: STIPULATED ORDER RE DISCOVERY OF ELECTRONICALLY STORED INFORMATION FOR STANDARD LITIGATION DONNA M. RYU , District Judge . 1. PURPOSE This Order will govern discovery of electronically stored information ("ESI") in this case as a supplement to the Federal Rules of Civil Procedure, this Court's Guidelines for the Discovery of Electronically Stored Information, and any other applicable orders and rules. 2. COOPERATION The parties are aware of the importance the Court places on cooperation
Summary: STIPULATED ORDER RE DISCOVERY OF ELECTRONICALLY STORED INFORMATION FOR STANDARD LITIGATION DONNA M. RYU , District Judge . 1. PURPOSE This Order will govern discovery of electronically stored information ("ESI") in this case as a supplement to the Federal Rules of Civil Procedure, this Court's Guidelines for the Discovery of Electronically Stored Information, and any other applicable orders and rules. 2. COOPERATION The parties are aware of the importance the Court places on cooperation a..
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STIPULATED ORDER RE DISCOVERY OF ELECTRONICALLY STORED INFORMATION FOR STANDARD LITIGATION
DONNA M. RYU, District Judge.
1. PURPOSE
This Order will govern discovery of electronically stored information ("ESI") in this case as a supplement to the Federal Rules of Civil Procedure, this Court's Guidelines for the Discovery of Electronically Stored Information, and any other applicable orders and rules.
2. COOPERATION
The parties are aware of the importance the Court places on cooperation and commit to cooperate in good faith throughout the matter consistent with this Court's Guidelines for the Discovery of ESI.
3. LIAISON
The parties have identified liaisons to each other who are and will be knowledgeable about and responsible for discussing their respective ESI. Each e-discovery liaison will be, or have access to those who are, knowledgeable about the technical aspects of e-discovery, including the location, nature, accessibility, format, collection, search methodologies, and production of ESI in this matter. The parties will rely on the liaisons, as needed, to confer about ESI and to help resolve disputes without court intervention.
4. PRESERVATION
The parties have discussed their preservation obligations and needs and agree that preservation of potentially relevant ESI will be reasonable and proportionate. To reduce the costs and burdens of preservation and to ensure proper ESI is preserved, the parties agree that:
(a) Only ESI created or sent/received between January 1, 2015 to present by Marcel Sieler, Steffen Jentsch, Max Klimke, Raymund Köhler, Sven Häeussler, Derek Jenkins, Alexander Girard, Thomas Fleuret, Peter Rawlinson, Joann Jung, Jared Strawderman, James Kim, Mark Gianassi, Shai Ron, Simon Tildesley, Doug Haslam, Chelsea Blake, Eric Bach, Hans-Christoph Eckstein, Wiebke Eckstein, Ralf Meyer-Wendt, Christopher Burton, Sheila Xu, and Andrea Consola will be preserved at this time;
(b) The parties shall add or remove custodians from the list above as reasonably necessary going forward;
(c) The parties agree to preserve the following types of ESI: emails; electronic documents/files (Word, Excel, Powerpoint, etc.); and work product generated by the Rhinoceros 3D, Grasshopper, Inkscape, Sketchup, and Catia software. Specific file types to be preserved include:.xls, .xlsx, .ppt, .pptx, .3dm (Rhinoceros 3D), .gh (Grasshopper), .svg (Inkscape), .eps, .png, .jpg, .jpeg, .doc, .docx, .pdf, .tiff, .skp (Sketchup), .catpart (Catia), .iges (Rhinoceros 3D), .step (Rhinoceros 3D), .stp (Rhinoceros 3D), .stl (Rhinoceros 3D);
(d) The parties agree not to preserve backup data created before January 1, 2015; and
(e) In addition to the agreements above, the parties agree data from the following sources (i) could contain relevant information, but (ii) under the proportionality factors, do not need to be preserved: ESI created or sent/received by current and former employees of Atieva USA, Inc. d/b/a Lucid Motors USA, Inc. other than the custodians listed in subsection 4(a), above, subject to any changes made pursuant to subsection 4(b), above.
5. SEARCH
The parties agree that in responding to any Fed. R. Civ. P. 34 request, they will meet and confer about the methods to search ESI including, but not limited to keyword search terms, in order to identify ESI that is subject to production in discovery and filter out ESI that is not
6. PRODUCTION FORMATS
The parties agree to produce documents in 2611 PDF, 2610TIFF, 2611native or 2611paper or a combination thereof (check all that apply)] file formats. If particular documents warrant a different format, the parties will cooperate to arrange for the mutually acceptable production of such documents. The parties agree not to degrade the searchability of documents as part of the document production process.
7. PHASING
When a party propounds discovery requests pursuant to Fed. R. Civ. P. 34, where applicable, the parties agree to phase the production of ESI as reasonably needed. The initial production will be from the following sources and custodians: Peter Rawlinson, Eric Bach, Ralf Meyer-Wendt, Marcel Sieler, Steffen Jentsch, Derek Jenkins, Alexander Girard, Christopher Burton, Mark Gianassi, and Doug Haslam. Following the initial production, the parties will continue to prioritize the order of subsequent productions.
8. DOCUMENTS PROTECTED FROM DISCOVERY
(a) Pursuant to Fed. R. Evid. 502(d), the production of a privileged or work-product-protected document, whether inadvertent or otherwise, is not a waiver of privilege or protection from discovery in this case or in any other federal or state proceeding. For example, the mere production of privileged or work-product-protected documents in this case as part of a mass production is not itself a waiver in this case or in any other federal or state proceeding.
(b) Communications involving trial counsel that post-date the filing of the complaint need not be placed on a privilege log. Communications may be identified on a privilege log by category, rather than individually, if appropriate.
9. MODIFICATION
This Stipulated Order may be modified by a Stipulated Order of the parties or by the Court for good cause shown.
IT IS SO STIPULATED, through Counsel of Record.
IT IS ORDERED that the forgoing Agreement is approved.
