Free Proposed Order - District Court of Delaware - Delaware

Case 1 :06-cv-00748-SLR Document 32 Filed 03/ 1 9/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
GUARDLAN INDUSTRIES CORP., )
Plaintiff] 3
v. g C.A. No. 06-748-SLR
INNOLUX DISPLAY CORP., g
Defendant. g
STIPULATION BETWEEN GUARDIAN INDUSTRIES CORPORATION AND
INNOLUX DISPLAY CORPORATION REGARDING DISCOVERY OF
ELECTRONICALLY STORED INFORMATION ("E—DISCOVERY") AND
FORMAT OF DOCUMENT PRODUCTION
WHEREAS, this action was commenced on December 8, 2006 by Guardian
Industries Corporation ("Guardian") against defendant IrmoLux Display Corporation
("InnoLux”);
WHEREAS, the Delaware District Court Default Standard for Discovery of
Electronically Stored Information ("E—Discovery") states that the parties are expected to
cooperatively reach agreement on how to conduct e-discovery prior to the Federal Rule
of Civil Procedure 16 scheduling conference;
WHEREAS, Guardian and InnoLux have reached agreement on the terms of an
appropriate Protective Order; Guardian and InnoLux have also agreed to a protocol to
govem e-discovery and the format of documents to be produced in this case;
WHEREAS, Guardian and InnoLux do not intend for this stipulation to establish
a procedure for future cases;
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Case 1:06-cv-00748-SLR Document 32 Filed O3/19/2008 Page 2 of 4
NOW, THEREFORE, IT IS HEREBY STIPULATED BY AND BETWEEN
GUARDIAN AND INN OLUX, THROUGH THEIR RESPECTIVE COUNSEL AND
SUBJECT TO THE APPROVAL OF THE COURT, AS FOLLOWS:
A. Format of Production.
1. Guardian and InnoLux shall produce all non—privileged, responsive
electronic documents as text-searchable .TIFF images.
2. The .TIFF files shall be delivered to opposing counsel on CD,
DVD, or a portable hard drive. Each piece of media will be
identified by a tmique media control number.
3. All images shall be produced as either multipage .TlFF tiles named
after the beginning Bates number for each docmnent (e. g. ,
[DC00O1.tii, H)COO05.tii, etc.) or single-page .TIFF tiles named
for the Bates number for each page of the documents (e.g.,
IDC000l.titQ IDCOOO2.tif, IDCO003.tii, etc.). All reasonably
necessary load files and document mapping tiles associated with
the .TIFF files shall be produced as well. The parties will
determine at a later time the format and content of the load files
and document mapping files to be produced.
4. After one party produces electronic doctunents in text searchable
.TIFF format, the other party may request that the party produce
certain of the electronic documents in native format. The
requesting party must demonstrate a paxticulaiized need for the
electronic document in native format before the electronic
document shall be so produced; however, a showing of
particularized need shall not be required for a request for
production in native format of a spreadsheet of information
relevant to damages. The parties shall negotiate in good faith
regarding the production of documents in native format. If the
parties are unable to reach agreement regarding production in
native format, the requesting party may apply to the Court for such
production in accordance with the Court’s mles regarding motions
pursuant to Fed. R. Civ. P. 37.
B. Timing of E-Discovery.
1. Discovery of electronically stored information shall proceed in a
sequenced fashion.
2. After receiving requests for production under Fed. R. Civ. P. 34,
the parties shall search their electronically stored information,
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Case 1 :06-cv-00748-SLR Document 32 Filed 03/19/2008 Page 3 of 4
other than that identified as not reasonably accessible due to undue
burden and/or substantial cost, and produce non-privileged,
responsive information in accordance with Fed. R. Civ. P. 26(b).
3. Electronic searches of information identified as not reasonably
accessible shall not be conducted until the initial search has been
completed. Requests for electronically stored information that is
not reasonably accessible must be narrowly focused with good
cause supporting the request. See Fed. R. Civ. P. 26(b)(2),
Advisory Committee Notes, December 2006 Amendment (good
cause factors).
C. Privilege.
l. A party may claim privilege or work product protection for
material that it has inadvertently produced by giving the requesting
party written notice identifying the material and the basis for the
claim. Once notified, the requesting party must immediately return
or destroy the specified information and any copies it has, and may
not use or disclose the information.
2. Electronically stored information that contains privileged matter or
attorney work product shall be immediately retumed if such
information appears on its face to have been inadvertently
produced.
D. Protection From Disclosure.
The parties shall take reasonable precautions to protect the disclosure of
documents produced in .TIFF format, consistent with the obligations of
the Protective Order in this case.
E. Costs
Generally, the costs of discovery shall be bome by each party. However,
the court will apportion the costs of electronic discovery upon a showing
of good cause.
F. Miscellaneous Matters
l. Nothing herein shall constitute any agreement that a document is
authentic or admissible at trial. The parties shall meet and confer
on such issues at a later time.
2. Should any part of this Stipulation prove to be unworkable or
cause undue delay, the parties agree to meet and confer to try to
resolve any issues.
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Case 1 :06-cv-00748-SLR Document 32 Filed 03/19/2008 Page 4 of 4
MORRIS JAMES HITCHENS & WILLIAMS LLP ASHBY & GEDDES
/s/ Richard K Hermann /s/ Lauren E. Maguire
Richard K. Hennarm (I.D. #405) Steven J. Balick (I.D. #2114)
500 Delaware Avenue, Suite 1500 John G. Day (I.D. 2403)
Wilmington, Delaware 198001 Lauren E. Maguire (I.D. #4261
Tel: 302-888-6800 500 Delaware Avenue, 8th Floor
Fax: 302-571-1750 P.O. Box 1150
[email protected] Wihnington, DE 19899
Tel: 302-654-1888
Attorneys for Guardian Industries Fax: 302-654-2067
Corporation [email protected]
jday@ashby—geddes.c0m
[email protected]
Attorneys for InnoLu.x Display
Corporation
SO ORDERED this day of 2008.
United States District Judge
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