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Popham Design, Sarl v. F. Schumacher & Co.

United States District Court, D. Massachusetts

April 26, 2017

POPHAM DESIGN, SARL, Plaintiff,
v.
F. SCHUMACHER & CO. and MARY MCDONALD, INC., Defendants. Field Name Description

          [PROPOSEDl ORDER GOVERNING ELECTRONIC DISCOVERY

          George A. O'Toole. Jr. United States District 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 with the Court's approval.

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

         4. The Parties recognize the importance the Court places on cooperation and therefore commit to cooperate in good faith throughout the matter, including with regard to discovery obligations and attempts to resolve discovery disputes.

         5. ESI will be part of the discoverable material in this case and the parties agree to cooperatively exchange in reasonably usable form as described below non-privileged discoverable material and use reasonable and proportional efforts to identify, preserve, collect, and produce relevant information.

         6. Each party will take reasonable and good faith steps to prevent the loss, destruction, alteration, overwriting, deletion, shredding, incineration, or theft of any document or data the party knows, or reasonably should know, falls within the scope of Fed.R.Civ.P. 26(b)(1). This includes all documents and data in the party's possession, custody, or control, except as noted in the following paragraph.

         7. Having considered the claims and defenses in this action, the parties agree the following categories of ESI need not be preserved absent a showing of good cause or relevance to the claims and defenses in this litigation:

a. Unallocated, slack space, deleted data, file fragments, or other data accessible by use of computer forensics;
b. Random access memory (RAM), temporary files, or other ephemeral data that is difficult to preserve;
c. Data in metadata fields that are frequently updated automatically as part of the usual operation of a software application, operating system or network (e.g., date last opened);
d. Backup or archived data that is substantially duplicative of data that is more reasonably accessible elsewhere;
e. Operating system files, executable files, network, server, or system logs;

         8. 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 forms of media, to comply with its discovery obligations in the present case. A party's loss or deletion of reasonably accessible data subsequent to the existence of a duty to preserve shall constitute good cause.

         9. Paper documents shall be produced as TIFF images (consistent with the specifications in paragraph 11(a) below). The production shall include the appropriate Load/Unitization files which will, at a minimum, contain the following fields (described in TABLE 1):

a. Beginning Production Number (ProdBeg);
b. Ending Production Number (ProdEnd);
c. Beginning Attachment Production Number (BegAttach);
d. End Attachment Production Number, (End ...

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