United States District Court, D. Colorado
LORRAINE M. RAMOS, et al., Plaintiffs,
BANNER HEALTH, at al., Defendants.
Honorable William J. Martinez, J.
STIPULATION AND ORDER FOR DISCOVERY OF HARD COPY DOCUMENTS AND ELECTRONICALLY STORED INFORMATION
Michael J. Watanabe, Magistrate Judge
The Parties to the above-captioned action HEREBY STIPULATE AND AGREE, by and through their undersigned counsel, that the following specifications shall govern discovery of all documents, electronically stored information ("ESI"), and any other materials and information produced by the Parties during discovery in the above-captioned action.
A. The Parties shall take reasonable steps to comply with the procedures set forth in this Stipulation.
B. To the extent reasonably possible, the production of documents shall be conducted to maximize efficient and quick access to documents and minimize related discovery costs. The terms of this Stipulation shall be construed so as to ensure the prompt, efficient, and cost-effective exchange of information consistent with the Local Rules, the Federal Rules of Civil Procedure and any orders by this Court.
1. Except as specifically limited herein, this Stipulation governs the production of discoverable documents by the Parties during the litigation.
2. This Stipulation shall not enlarge, reduce, or otherwise affect the scope of discovery in this litigation as imposed by the Local Rules, the Federal Rules of Civil Procedure and the Court's orders, nor imply that discovery produced under the terms of this Stipulation is properly discoverable, relevant, or admissible in this or in any other litigation.
3. Subject to this Stipulation, the Parties' objections and responses to requests for production of documents and interrogatories, and subject to the Agreed Protective Order on Confidentiality entered by the Court on February 2, 2016 ("Protective Order"), all documents that are responsive to discovery requests, are reasonably accessible, and that meet the proportionality factors set forth in FRCP 26, shall be produced in the manner provided herein. Nothing in this Stipulation and Order shall be interpreted to require disclosure of materials that a Party contends are not discoverable or are protected from disclosure by the attorney-client privilege, the attorney work product doctrine, or any other privilege that may be applicable. Additionally, nothing in this Stipulation and Order shall be deemed to waive or limit any Party's right to object to, or to seek relief from the production of certain electronically stored information, or to move to compel, on the ground that the sources are not reasonably accessible because of undue burden or cost, or on the ground that there is good cause for the documents' production.
4. The Parties agree to promptly alert all other Parties concerning any technical problems associated with complying with this Stipulation. To the extent compliance with this Stipulation imposes an undue burden with respect to any protocol, source, or search term listed herein, the Parties shall promptly confer in an effort to resolve the issue.
5. Consistent with their obligations, the Parties will attempt to resolve, in person, in writing (including e-mail) or by telephone, disputes regarding the issues set forth herein prior to filing a motion with the Court, or otherwise seeking relief. If the Parties are unable to resolve the dispute after a good faith effort, the Parties may seek Court intervention in accordance with the Court's procedures.
II. Production Format - Hard Copy
Hard copy documents that have not been scanned by the producing party may be made available for copying and inspection or be produced as an exact hard copy. At the producing party's election, or if hard copy documents have already been scanned by the producing party, hard copy documents will be scanned and produced as single-page, black and white, Group IV, 300 DPI TIFF images with an .opt image cross-reference file and a delimited database load file (i.e., .dat). The database load file shall contain the following fields: "BEGNO, " "ENDNO, " "BEGATTACH, " "ENDATTACH, " "PAGES, " "CUSTODIAN, " "CONFIDENTIALITY DESIGNATION, " and "REDACTION REASON." In scanning hard copy documents, multiple distinct documents should not be merged into a single record, and single documents should not be split into multiple records (i.e., hard copy documents should be logically unitized). The Producing Party agrees to provide OCR text for scanned images of hard copy documents if the documents have not already been scanned for purposes other than production. OCR is to be performed on a document level and provided in document-level *.txt files named to match the production number of the first page of the document to which the OCR text corresponds. In the case of an organized compilation of separate documents -for example, a binder containing several separate documents behind numbered tabs- the document behind each tab should be scanned separately, but the relationship among the documents in the binder should be reflected in the metadata fields.
III. Production Format - Electronically Stored Information ("ESI")
Except as otherwise noted herein or agreed on by the parties, and notwithstanding any format provisions in a Party's discovery requests, ESI will generally be produced in conformance with the specifications detailed in Appendix A. ESI shall be produced in native format, except for ESI requiring redaction, which shall be produced in tiff metadata format as specified in this Stipulation and attached Appendix A. All ESI will be produced with a delimited, database load file that contains the metadata fields listed in Appendix A and captured at the time of the collection. Any Party, in addition to producing ESI in native format, may produce ESI in a TIFF metadata format as specified in Appendix A.
IV. Production Format -Proprietary Databases
To the extent discoverable electronic information is contained in a proprietary database, the parties will meet and confer to discuss the most appropriate and cost-effective production format, which may include an export of data or the creation of a report. Given the Parties' preference for native productions, all exports of data or reports will be produced in native format (csv file, excel file, or other agreed format).
V. Production Format - Media
Documents shall be exchanged on DVD-ROMs, CD-ROMs, USB drives, portable hard drives, through secure file transfer protocols (e.g., SFTP), or similar secure electronic transmission as agreed to by the parties. The production media shall be labeled with the Volume Number along with the Bates Number range(s) of the materials, and where not practicable to do so, may be provided in an accompanying letter. Any document production that may contain "non-public personal information" or confidential health information (as defined in the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") Privacy Rule, 45 C.F.R, and/or other applicable state or federal law or regulation concerning confidential health information) shall be produced in encrypted form and the production media shall be labeled "MAY CONTAIN NON-PUBLIC PERSONAL INFORMATION" or "MAY CONTAIN CONFIDENTIAL HEALTH INFORMATION" as applicable. If a Producing Party encrypts or "locks" the production, the Producing Party shall simultaneously send, under separate cover, an explanation of how to decrypt the files.
VI. Processing Specifications
No redactions will be made to responsive documents except to redact privileged or otherwise protected information, or personally identifiable information related to plan participants in Advisory Committee meeting minutes or related materials. If, during the course of discovery, the Parties identify other kinds of information that any Party has a reasonable basis for redacting that information, the Parties will meet and confer regarding it before such redactions are made. If the issue cannot be resolved, the Parties will seek resolution from the Court.
B. ESI Date and Time Processing:
Each Party's ESI should be processed using a Central Standard (or Daylight) Time Zone for all data.
A Party is only required to produce a single copy of a responsive document and a Party may de-duplicate responsive EST (based on MD5 or SHA-l hash values at the document level) across custodians. For e-mails with attachments, the hash value shall be generated based on the parent-child document grouping. Deduplication shall not break apart families. However, metadata identifying all custodians in possession of each document that is removed as a duplicate must be produced in the "CUSTODIAN" or "DUPLICATE CUSTODIAN" or Duplicate Folder/Path field in the production load file subject to any exceptions provided in Appendix A.
VII. Identification and Collection of Documents
A. Except at otherwise agreed upon in this Stipulation, the Parties will continue to meet and confer in an effort to agree upon the following but by no later than March, 2016 ...