Natera v. Sequenom, Inc
Filing
66
DOCUMENT PRODUCTION ORDER. Signed by Judge Susan Illston on 7/31/12. (tfS, COURT STAFF) (Filed on 8/1/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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9 NATERA, INC. and DNA
DIAGNOSTICS CENTER, INC.
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Plaintiff/Counterclaim
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Defendant,
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v.
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Defendant/Counterclaim
Plaintiff; and
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ISIS INNOVATION LIMITED
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Defendant.
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Case No. 3:12-cv-00132-SI
STIPULATED [PROPOSED]
DOCUMENT PRODUCTION ORDER
Judge:
Hon. Susan Illston
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_______________________________________________________________________________________
STIPULATED DOCUMENT PRODUCTION ORDER - CASE NO. 3:12-cv-00132-SI
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Plaintiffs and Counterclaim-defendants Natera, Inc. (“Natera”) and DNA Diagnostics
Center, Inc. (“DDC”), Defendant and Counterclaim-plaintiffs, Sequenom, Inc. and Sequenom
Center for Molecular Medicine, LLC and Nominal Counterclaim-defendant Isis Innovation
Limited (collectively, the “Parties”) agree that this proposed Document Production Order
(“Production Order”) shall govern the Parties in the above-captioned case (the “Litigation”).
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I.
GENERAL PROVISIONS
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A. The Parties will make reasonable efforts to prepare responsive and non-privileged
data for production in accordance with the agreed-upon specifications set forth below. These
specifications apply to hard copy documents or electronically stored information (“ESI”) which
are to be produced in this Litigation.
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B. SECURITY. The Parties will make reasonable efforts to ensure that any
productions made are free from viruses and may be provided on encrypted media.
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C. CONFIDENTIALITY DESIGNATION. Responsive documents in TIFF format
will be stamped with the appropriate confidentiality designations in accordance with the
Stipulated Protective Order in this matter. Each responsive document produced in native format
will have its confidentiality designation identified in the filename of the native file.
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D. PRODUCTION MEDIA. Documents shall be produced on readily accessible
external hard drives, DVD, or CD disks (“Production Media”). When reasonably feasible, each
piece of Production Media shall be labeled with (1) the producing Party’s name; (2) the
production date; and (3) the Bates Number range of the materials contained on the Production
Media.
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II.
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DATA PROCESSING
A. DEDUPLICATION. To the extent feasible, the Parties will de-duplicate
responsive ESI across Custodians. For each de-duplicated document, to the extent feasible, the
names of all custodians that possessed the document shall be produced. De-duplication may be
done automatically via standard techniques such as those based on MD5 or SHA-1 hash values.
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III.
GENERAL PRODUCTION SPECIFICATIONS
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___________________________________________________________________________________
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STIPULATED DOCUMENT PRODUCTION ORDER - CASE NO. 3:12-cv-00132-SI
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A. FORMAT. To the extent feasible, documents (whether originating in electronic or
hard copy format) shall be produced as single page TIFF files, preserving original color and font
to the extent feasible, documents originating in hard copy format shall be converted to TIFF
images by scanning with at least 300 dots per inch (dpi). Each TIFF or PDF image shall be
named according to the corresponding Bates number associated with the document. Each image
shall be branded according to the Bates number and given a confidentiality designation, if
applicable. TIFFs shall show all text and images that would be visible to a user of the hard copy
documents.
B. TEXT TO BE PROVIDED WITH IMAGE FILES. For each document,
extracted or optical character recognition (“OCR”) text shall be provided. To the extent
possible, the text of native files should be extracted directly from the native file. If a document
has been redacted, OCR of the redacted document will suffice in lieu of extracted text. Extracted
or OCR text may be included in the database load files or in separate files, so long as it is
provided in such a manner that it can be loaded into commercially acceptable production software
(e.g., Concordance, Summation, Ipro).
C. DATABASE LOAD FILES/CROSS-REFERENCE FILES. Production shall
include a data load file and an image load file in a reasonable format specified by the requesting
party, or, if no request is made in a format that can be loaded into commercially acceptable
production software (e.g., Concordance, Summation, Ipro).
D. BATES NUMBERING. All images must be assigned a unique Bates number
that is sequential within a given document and across the production sets.
E. REDACTION OF INFORMATION. If documents are produced containing
redacted information, the producing Party shall supply a list of the documents for any such
claim(s) of redaction, indicating the grounds for the redaction and the nature of the redacted
material. During the course of the Litigation, an electronic copy of the original, unredacted data
shall be securely preserved in such a manner so as to preserve without modification, alteration
or addition the content of such data including any metadata therewith. The Stipulated
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___________________________________________________________________________________
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STIPULATED DOCUMENT PRODUCTION ORDER - CASE NO. 3:12-cv-00132-SI
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Protective Order and rules of the Court in this case set forth the basis for the redaction of
information.
F. UNITIZING OF DOCUMENTS. Distinct documents should not be merged
into a single record, and single documents should not be split into multiple records (i.e.,
documents should be unitized as kept in the ordinary course of business). The Parties will use
reasonable efforts to unitize documents correctly.
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IV.
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PRODUCTION OF ELECTRONICALLY STORED INFORMATION
A. METADATA FIELDS AND PROCESSING. E-discovery production requests
under Federal Rules of Civil Procedure 34 and 45 shall not require metadata, other than as
specified on Exhibit A attached, absent a showing of good cause. Any Metadata that is produced
shall be formatted into a basic .txt, .dat or .csv file with delimiters appropriate for use with
commercially acceptable review software (i.e., a load file). Parties may request other native files
be produced as described in Section IV.D. below.
B. SPREADSHEETS. Spreadsheets must be produced in native format.
C. PROPRIETARY FILES. To the extent a response to discovery requires
production of ESI accessible only through proprietary software, the Parties should continue to
preserve each version of such information. The Parties shall meet and confer to finalize the
appropriate production format.
D. REQUEST(S) FOR ADDITIONAL NATIVE FILES. If good cause exists to
request production of specified files, other than those specifically set forth above, in native
format, the Party shall request such production and provide an explanation of the need for native
file review. The Parties shall work together to provide documents in reasonable useful format.
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V.
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PROCESSING OF THIRD-PARTY DOCUMENTS
A. A Party that issues a subpoena requesting the production of documents (“Issuing
Party”) shall include a copy of this Document Production Order with the subpoena and state that
the Parties to the Litigation have requested that third-parties produce documents in accordance
with the specifications set forth herein.
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___________________________________________________________________________________
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STIPULATED DOCUMENT PRODUCTION ORDER - CASE NO. 3:12-cv-00132-SI
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B. The Issuing Party shall ensure that any documents it obtains pursuant to a subpoena
are produced to all Parties.
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C. If the non-party production is not Bates-stamped, the Issuing Party will endorse the
non-party production with unique prefixes and Bates numbers prior to producing them to other
Parties.
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D. Nothing in this stipulation is intended to or should be interpreted as narrowing,
expanding, or otherwise affecting the rights of the Parties or third parties to object to a subpoena.
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VI.
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A. SOURCES. In responding to general requests under Federal Rules of Civil
Procedure 34 and 45 that call for the production of ESI, the Parties will search central
repositories, such as shared network drives, document databases, and shared documents and files
held by individuals who are designated as being responsible for the maintenance and safekeeping
of such documents on behalf of the company. In general, the Parties shall not be required to
search email or other forms of electronic correspondence or custodial ESI in responding to such
requests.1
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B. SOURCES THAT NEED NOT BE SEARCHED. The following locations will
not be searched under any circumstances, and as such need not be preserved, absent a Court order
upon showing of good cause: personal digital assistants, mobile phones, voicemail systems,
instant messaging logs, and automated disaster recovery backup systems and/or disaster recovery
backup tapes. In addition, the parties agree that with respect to documents that automatically
“autosave,” only the most recent version of such documents need be searched.
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SEARCHING AND SCOPE OF PRODUCTION
C. EMAIL AND CUSTODIAL ESI REQUESTS. To obtain email or custodial ESI
beyond that stated in section VI(A) above, Parties must propound specific email or custodial ESI
production requests. Such requests shall be propounded for specific issues (rather than general
discovery of a product or business) and shall identify the requested custodian, search
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As used herein, “custodial ESI” refers to ESI that is in the possession of an individual
custodian, rather than in central repositories.
___________________________________________________________________________________
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STIPULATED DOCUMENT PRODUCTION ORDER - CASE NO. 3:12-cv-00132-SI
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terms/phrases, and time frame. The Parties shall cooperate to identify the proper custodians
subject to these requests and proper search terms/phrases. Email and custodial ESI production
shall be limited to a total of no more than ten custodians and ten search terms/phrases per
custodian per Party. The Parties may jointly agree to modify this limit without the Court’s leave.
The search terms/phrases shall be narrowly tailored to the particular issues addressed by the email
or custodial ESI request. Indiscriminate terms/phrases, such as the producing company’s name or
its product name, are inappropriate unless combined with narrowing search criteria that
sufficiently reduce the risk of overproduction. A conjunctive combination of multiple words or
phrases narrows the search and shall count as a single search term/phrase. A disjunctive
combination of multiple words or phrases broadens the search, and thus each word or phrase shall
count as a separate search term unless they are variants of the same word. Use of narrowing
search criteria (e.g., “and,” “but not,” “w/x”) is encouraged to limit the production and shall be
considered when determining whether to shift costs for disproportionate discovery.
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D. COLLECTION METHODS. The producing party need not employ forensic data
collection or tracking methods and technologies, but instead may make electronic copies for
collection and processing purposes using widely-accepted methods or methods described in
manufacturers’ and/or programmers’ instructions, help menus, websites, and the like (e.g., .pst’s,
.zip’s, etc.), except when and to the extent there is good cause to believe specific, material
concerns about authenticity exist with respect to specific documents and materials. If the
receiving party believes that there is such good cause, then the producing party and the receiving
party shall meet and confer in good faith to determine the extent to which forensic and other data
associated with the specific documents and materials should be produced.
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VII.
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MISCELLANEOUS PROVISIONS
A. Objections Preserved. Nothing in this Document Production Order shall be
interpreted to require disclosure information protected by the attorney-client privilege, workproduct doctrine, or any other applicable privilege or immunity. The Parties do not waive any
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___________________________________________________________________________________
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STIPULATED DOCUMENT PRODUCTION ORDER - CASE NO. 3:12-cv-00132-SI
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objections as to the production, discoverability, admissibility, or confidentiality of documents and
ESI.
B. Except as expressly stated, nothing in this order affects the Parties’ discovery
obligations under the Federal or local rules.
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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
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Dated: July 27, 2012
Respectfully submitted,
KAYE SCHOLER LLP
Michael J. Malecek (SBN 171034)
michael.malecek@kayescholer.com
Peter E. Root (SBN 142348)
peter.root@kayescholer.com
Stephen C. Holmes (SBN 200727)
Two Palo Alto Square, Suite 400
3000 El Camino Real
Palo Alto, California 94306
Tel:
(650) 319-4500
Fax:
(650) 319-4700
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By:
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\s\
Peter E. Root
Attorneys for Defendant
SEQUENOM, INC.
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___________________________________________________________________________________
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STIPULATED DOCUMENT PRODUCTION ORDER - CASE NO. 3:12-cv-00132-SI
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Dated: July 27, 2012
THOMAS WHITELAW LLP
W. Paul Schuck (SBN 203717)
pschuck@twtlaw.com
Three Embarcadero Center, Suite 1350
San Francisco, California 94111-4037
Tel:
(415) 820-0400
Fax:
(415) 820-0405
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By:
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\s\
W. Paul Schuck
Attorneys for Plaintiff
NATERA, INC. and DNA DIAGNOSTICS CENTER,
INC.
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
Charles K. Verhoeven (SBN 170151)
charlesverhoeven@quinnemanuel.com
50 California Street, 22nd Floor
San Francisco, California 94111
Tel: (415) 875-6600
Fax: (415) 875-6700
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QUINN EMANUEL URQUHART &
SULLIVAN, LLP
Patrick M. Shields (SBN 204739)
patrickshields@quinnemanuel.com
865 South Figueroa Street, 10th Floor
Los Angeles, California 90017
Tel: (213) 443-3000
Fax: (213) 443-3100
Attorneys for Plaintiff
NATERA, INC.
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___________________________________________________________________________________
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STIPULATED DOCUMENT PRODUCTION ORDER - CASE NO. 3:12-cv-00132-SI
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Dated: July 27, 2012
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SATTERLEE STEPHENS BURKE &
BURKE LLP
Mario Aieta (Admitted Pro Hac Vice)
maieta@ssbb.com
230 Park Avenue, Suite 1130
New York, New York 10169
Tel: (212) 818-9200
Fax: (212) 818-9606
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By:
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Mario Aieta
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BULLIVANT HOUSER BAILEY PC
C. Todd Norris (SBN 181337)
todd.norris@bullivant.com
601 California Street, Suite 1800
San Francisco, California 94108-2823
Tel: (415) 352-2700
Fax: (415) 352-2701
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Attorneys for Defendant
ISIS INNOVATION LIMITED
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Dated:
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7/31/12
United States District Judge
Susan Illston
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___________________________________________________________________________________
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STIPULATED DOCUMENT PRODUCTION ORDER - CASE NO. 3:12-cv-00132-SI
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Exhibit A
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Field
BEGBATES
ENDBATES
BEGATTACH
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ENDATTACH
CUSTODIAN
SENT DATE
SENT TIME
TITLE
SUBJECT
AUTHOR
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RECIPIENT
CC
BCC
FULLTEXT
Notes
Applicable Record
Types
All
All
All
Describes range of related documents from
email/attachment family or reflects logical document
boundaries from scanned docs.
All
All
To the extent feasible, multiple values to account for
deduplication.
Email
Email
E Docs
Email
Email and, to the
extent available,
E Docs
Email
Email
Email
All
Printed or extracted text for e mail and e docs, OCR
for scanned docs.
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_______________________________________________________________________________________
STIPULATED DOCUMENT PRODUCTION ORDER - CASE NO. 3:12-cv-00132-SI
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