United States District Court, D. Massachusetts
[PROPOSEDl ORDER GOVERNING
A. O'Toole. Jr. United States District 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 with the Court's approval.
party's meaningful compliance with this Order and efforts
to promote efficiency and reduce costs will be considered in
any requested cost-shifting determinations.
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.
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
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.
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
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;
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.
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 ...