BLOOM v. Zuffa, LLC, No. 2:2022cv00412 - Document 37 (D. Nev. 2022)
Court Description: ORDER Granting 34 Stipulation re Discovery of Electronically Stored Information. Signed by Magistrate Judge Brenda Weksler on 7/26/2022. (Copies have been distributed pursuant to the NEF - YAW)
Download PDF
<![CDATA[
BLOOM v. Zuffa, LLC Doc. 37 Case 2:22-cv-00412-RFB-BNW Document 34 Filed 07/22/22 Page 1 of 12 1 2 3 4 5 MARKMAN LAW DAVID MARKMAN (Nevada Bar. No. 12440) David@Markmanlawfirm.com 4484 S. Pecos Rd. Suite #130 Las Vegas NV 89121 Telephone: 702-843-5899 Facsimile: 702-843-6010 11 GUTRIDE SAFIER LLP SETH A. SAFIER (admitted pro hac vice) seth@gutridesafier.com MARIE A. MCCRARY (admitted pro hac vice) marie@gutridesafier.com HAYLEY REYNOLDS (admitted pro hac vice) hayley@gutridesafier.com KALI BACKER (admitted pro hac vice) kali@gutridesafier.com 100 Pine Street, Suite 1250 San Francisco, CA 94111 Telephone: (415) 336-6545 Facsimile: (415) 449-6469 12 Attorneys for Plaintiff CAMPBELL & WILLIAMS J. COLBY WILLIAMS, Esq. (Nevada Bar No. 5549) jcw@cwlawlv.com 710 South Seventh Street, Suite A Las Vegas, Nevada 89101 Telephone: (702) 382-5222 Facsimile: (702) 382-0540 13 WILSON SONSINI GOODRICH & ROSATI Professional Corporation VICTOR JIH (admitted pro hac vice) vjih@wsgr.com SUSAN K. LEADER (admitted pro hac vice) sleader@wsgr.com ALI RABBANI (admitted pro hac vice) arabbani@wsgr.com STEPHANIE V. BALITZER (admitted pro hac vice) sbalitzer@wsgr.com 633 West Fifth Street, Suite 1550 Los Angeles, CA 90071-2027 Telephone: (323) 210-2900 Facsimile: (866) 974-7329 14 Attorneys for Defendant Zuffa, LLC 6 7 8 9 10 15 16 UNITED STATES DISTRICT COURT 17 DISTRICT OF NEVADA 18 19 EVERETT BLOOM, on behalf of himself, and those similarly situated, Plaintiff, 20 21 22 23 v. Case No. 2:22-cv-00412-RFB-BNW STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION ZUFFA, LLC, Defendant. 24 25 26 27 28 ESI STIPULATION Case No. 2:22-cv-00412-RFB-BNW Dockets.Justia.com Case 2:22-cv-00412-RFB-BNW Document 34 Filed 07/22/22 Page 2 of 12 1 2 1. PURPOSE AND DEFINITIONS This Order will govern discovery of electronically stored information (“ESI”) in this case as a 3 supplement to the Federal Rules of Civil Procedure and any other applicable orders and rules. As 4 used in this Order, the term “Party” refers to both Plaintiff Everett Bloom and Defendant Zuffa, LLC 5 (collectively, the “Parties”). 6 7 2. COOPERATION The Parties are aware of the importance the Court places on cooperation and commit to meet 8 and confer in good faith throughout the matter, including with respect to the proportionality of 9 discovery, identifying appropriate limits to discovery, making reasonable efforts to ensure discovery 10 of relevant information, and communicating regarding discovery issues. 11 3. ESI LIAISONS 12 Within 14 days after entry of this Order, the Parties will identify liaisons to each other who are 13 and will be knowledgeable about and responsible for discussing their respective ESI. The Parties 14 may subsequently substitute such designated persons or identify additional persons knowledgeable 15 about ESI. Such persons will be, or have access to those who are, knowledgeable about the technical 16 aspects of e-discovery, including the location, nature, accessibility, format, collection, search 17 methodologies, and production of ESI in this matter. These liaisons will be available as needed to 18 confer about ESI and to help resolve disputes without Court intervention. 19 4. PRESERVATION 20 The Parties have discussed their preservation obligations and needs and agree that preservation 21 of potentially relevant ESI will be reasonable and proportionate. To reduce the costs and burdens of 22 preservation and to ensure proper ESI is preserved, the Parties agree that: 23 24 25 (a) The Parties agree that they are not obligated to preserve ESI created or received before March 4, 2018 and after March 4, 2022 in this matter; (b) Within 30 days of entry of this Order, the Parties will meet and confer regarding 26 (i) the types of ESI they believe should be preserved, and (ii) the number and identity of custodians, 27 including the general job titles or descriptions of custodians, for whom they believe ESI should be 28 preserved, e.g., “Senior Marketing Manager,” “Lead Product Manager,” and “Director – Customer 1 ESI STIPULATION Case No. 2:22-cv-00412-RFB-BNW Case 2:22-cv-00412-RFB-BNW Document 34 Filed 07/22/22 Page 3 of 12 1 Service.” The Parties shall meet and confer in order to add, remove, or modify custodians as 2 reasonably necessary; 3 (c) The Parties will meet and confer and use best efforts to agree on data sources that 4 are not reasonably accessible because of undue burden or cost pursuant to Fed. R. Civ. P. 5 26(b)(2)(B), in which case the Parties will not be obligated to preserve, collect, search, review, or 6 produce ESI from these sources; 7 (d) Among the sources of data the Parties agree are not reasonably accessible, the 8 Parties agree not to preserve the following: backup systems and/or tapes used for disaster recovery; 9 systems no longer in use that cannot be accessed; voicemail systems; instant messaging; SMS or text 10 messaging, including but not limited to text messaging via WhatsApp and other similar applications; 11 automatically saved versions of documents; random access memory (RAM) or temporary files; 12 temporary internet files, history, cache, and other online access data; data in metadata fields that are 13 updated automatically, such as last-opened dates; server, system, or network logs; mobile devices, 14 personal digital assistants, and tablets; and personal, noncompany-owned electronic storage devices 15 and servers; and 16 (e) As additional data sources are identified as a result of investigation and/or 17 discovery, the Parties may identify additional data sources that are not reasonably accessible or 18 otherwise may or may not need to be searched or preserved. The Parties will meet and confer and 19 use best efforts to agree about whether to preserve such ESI as any additional data sources are 20 identified. 21 22 5. SEARCH The Parties agree to meet and confer and use their reasonable best efforts to reach agreement 23 regarding the methodology to be used to search for ESI in response to Fed. R. Civ. P. 34 requests, 24 before such methodology is used, in order to identify ESI that is subject to production in discovery 25 and filter out ESI that is not subject to discovery. 26 The Parties do not currently intend to use technology assisted review (“TAR”). To the extent 27 a Party later decides to use TAR, they will disclose to the other party relevant details around 28 deployment of the tool or tools it intends to use. 2 ESI STIPULATION Case No. 2:22-cv-00412-RFB-BNW Case 2:22-cv-00412-RFB-BNW Document 34 Filed 07/22/22 Page 4 of 12 1 2 3 Nothing in this Order shall be construed as precluding a producing party from performing a privilege review to determine if certain documents should be withheld. The Parties further agree that each party will use its best efforts to filter out common system 4 files and application executable files by using a commercially reasonable hash identification process. 5 Hash values that may be filtered out during this process are located in the National Software 6 Reference Library (“NSRL”) NIST hash set list. 7 6. PRODUCTION FORMATS 8 With the exception of spreadsheets, multi-media files, and other file types that cannot be 9 converted to image files, the Parties shall produce ESI as Bates-stamped single-page 1-bit TIFF 10 images with a DAT load file that enables the document to be uploaded and viewed using standard 11 litigation support software in accordance with the provisions below. Unless excepted below, single 12 page, 1-bit, black and white Group IV TIFFs should be provided, at least 300 dots per inch (dpi) for 13 all documents. Original document orientation should be maintained (i.e., portrait to portrait and 14 landscape to landscape). Where the TIFF image is not reasonably legible, the producing party shall 15 provide a higher quality replacement file. 16 (a) Production Media. The Parties shall produce documents in an encrypted format 17 through electronic means, such as external hard drives, secure file sharing methods (e.g., FTP), or 18 readily accessible computer or electronic media (e.g., CDs, DVDs) (collectively, “Production 19 Media”), with explicit decryption instructions. Productions shall have the following four directories: 20 (1) IMAGES for the images; (2) DATA for the .dat and .opt files; (3) TEXT for the extracted 21 text/OCR files; and (4) NATIVES for any native files. The Production Media shall identify: (a) the 22 producing party’s name; (b) the production date; and (c) the Bates Number range of the materials 23 contained on the Production Media. 24 (b) Unique IDs. Images shall be produced using a unique file name that will be the Bates 25 number of that page (e.g., ABC000001.TIFF). The Bates number must appear on the face of the 26 image and not obliterate, conceal, or interfere with any information from the source document. 27 Native files shall be produced using a name that will bear the production number and any 28 confidentiality designation (e.g., ABC000002_Confidential.xls). 3 ESI STIPULATION Case No. 2:22-cv-00412-RFB-BNW Case 2:22-cv-00412-RFB-BNW Document 34 Filed 07/22/22 Page 5 of 12 1 (c) Parent-Child Relationships. Parent-child relationships (association between an 2 attachment and its parent document) shall be preserved. The attachment(s) shall be produced 3 adjacent to the parent document, in terms of Bates numbers, with the first attachment being named 4 with the next sequential number after the parent, and any additional attachment(s) sequentially 5 numbered after that first attachment. 6 (d) Redactions. If the Parties are redacting information from a page, they shall 7 electronically “burn” the word “Redacted” onto the page or otherwise clearly indicate a redaction at 8 or reasonably near to the location of the redaction(s). If documents that the Parties have agreed to 9 produce in native format need to be redacted, the Parties agree to meet and confer in good faith on 10 11 how to best produce the documents so that proper formatting and usability are maintained. (e) Confidentiality Designation. Responsive documents in TIFF format will be stamped 12 with the appropriate confidentiality designations in accordance with the Stipulated Protective Order 13 entered in this matter. Each responsive document produced in native format will have its 14 confidentiality designation identified in the filename of the native file and indicated on its 15 corresponding TIFF placeholder. 16 (f) Metadata Fields. The Parties shall provide the system generated and metadata fields 17 (the “Production Fields”) substantially similar to those set forth in Exhibit A. The Parties are not 18 obligated to manually populate any Production Fields if such fields cannot be extracted from a 19 document. 20 (g) Native Format. The producing party shall produce spreadsheets (e.g., Excel), multi- 21 media files, and any other file types not readily convertible to TIFF format (e.g. three-dimensional 22 design files) in native format. To the extent that they are produced in this action, audio, video, and 23 multimedia files will be produced in native format. If a native file originally had track changes, 24 comments, or other collaborative change features turned on, the .TIF file will display those changes 25 in the converted image file. Native files shall be produced with a link in the NATIVEPATH field, 26 along with extracted text (where extracted text is available) and applicable metadata fields set forth 27 in Exhibit A. For each native file produced, the production will include a *.tiff image slipsheet 28 indicating the production number of the native file and the confidentiality designation and stating, 4 ESI STIPULATION Case No. 2:22-cv-00412-RFB-BNW Case 2:22-cv-00412-RFB-BNW Document 34 Filed 07/22/22 Page 6 of 12 1 “File Provided Natively” (or substantially similar). Native files will be produced in a separate folder 2 on the production media. TIFF images of e-mail messages should include the BCC line. Upon 3 request from the receiving party that any files be produced in native format (identified by Bates 4 number), the Parties agree to meet and confer in good faith concerning such requests. A request for 5 such production shall not be unreasonably denied. The Parties agree to meet and confer regarding a 6 protocol for use of native files at depositions, hearings, or trial. 7 (h) Text Files. For each produced document, a document-level text file shall be provided 8 in addition to the image files (TIFFs). The text of native files should be extracted directly from the 9 native file and each text file will be named using its corresponding beginning bates number (e.g., 10 ABC000001.TXT). For ESI with redacted text, a commercially acceptable technology for Optical 11 Character Recognition (“OCR”) shall be used for all scanned, hard copy documents with redactions. 12 (i) Physical/Hard Copy Documents. Nothing herein shall relieve the Parties of any 13 obligations they may have to search for responsive documents in hard copy form. The Parties shall 14 produce documents that exist solely in physical hard-copy format following this ESI Stipulation. The 15 metadata shall indicate document breaks and identify the custodian or non-person custodial source 16 from whom/where the document was collected. The documents should be logically unitized using 17 reasonable best efforts. The “.tiff’ files shall be subject to an OCR process. The OCR software 18 should maximize text quality over process speed. Settings such as “auto-skewing” and “auto- 19 rotation” should be turned on during the OCR process. The Parties will meet and confer to address 20 instances of undue burden and will work to negotiate an appropriate solution. 21 (j) Databases and Other Structured Data. To the extent a response to discovery requires 22 production of ESI contained in a database, the Parties shall meet and confer regarding the production 23 format and scope of data contained in the enterprise database or database management system (e.g., 24 Oracle, SQL server, DB2), including the types of information stored in the database(s), the types of 25 reports that can be generated from or for the data, whether there are existing and reasonably 26 available reports that include the information, and whether the receiving party will need any 27 information in native form in order to ensure that any information produced is reasonably usable by 28 the receiving party and that its production does not impose an undue burden. To avoid doubt, 5 ESI STIPULATION Case No. 2:22-cv-00412-RFB-BNW Case 2:22-cv-00412-RFB-BNW Document 34 Filed 07/22/22 Page 7 of 12 1 information will be considered reasonably usable when produced in CSV format, tab-delimited text 2 format, Microsoft Excel format, or Microsoft Access format. 3 (k) Duplicates. The producing party may use software to identify duplicate documents 4 that are in files of individual or multiple custodians. To the extent there are duplicate documents, the 5 producing party need only produce a single copy of a responsive document. The requesting party 6 may reasonably request a duplicate document for a legitimate reason. Removal of duplicate 7 documents should only be done on exact duplicate documents (based on MD5 or SHA-1 hash 8 values, at the family level only). Attachments should not be eliminated as duplicates for purposes of 9 production, unless the parent e-mail and all attachments are also duplicates. De-duplication should 10 be done across the entire collection (i.e., global level) and the CUSTODIAN field should list each 11 custodian, separated by a semicolon. 12 (l) Email Threading. Where multiple email messages are part of a single chain or 13 “thread,” a party is only required to produce the most inclusive message (“Last In Time Email”) and 14 need not produce earlier, less inclusive email messages or “thread members” that are fully contained, 15 including attachments and including identical senders and recipients, within the Last In Time Email. 16 Only email messages for which the parent document and all attachments are contained in the Last In 17 Time Email will be considered less inclusive email messages that need not be produced. 18 7. 19 The Parties agree to meet and confer concerning whether the production of responsive ESI 20 PHASING should occur in phases, by prioritizing selected sources and/or custodians. 21 8. DOCUMENTS PROTECTED FROM DISCOVERY 22 (a) Pursuant to Fed. R. Evid. 502(d) and (e), the production of a privileged or work- 23 product-protected document, whether inadvertent or otherwise, is not a waiver of privilege or 24 protection from discovery in this case or in any other federal or state proceeding. For example, the 25 mere production of privileged or work-product-protected documents in this case as part of a mass 26 production is not itself a waiver in this case or in any other federal or state proceeding. 27 28 6 ESI STIPULATION Case No. 2:22-cv-00412-RFB-BNW Case 2:22-cv-00412-RFB-BNW Document 34 Filed 07/22/22 Page 8 of 12 1 (b) The producing party shall also provide a privilege log containing the categories, or 2 fields, of information identified in Exhibit B hereto, to the extent available, unless otherwise agreed 3 in writing or pursuant to a Court order. 4 (c) Communications involving a party’s counsel (including all attorneys, staff or other 5 personnel) that post-date the filing of the complaint need not be placed on a privilege log. 6 Communications may be identified on a privilege log by category, rather than individually, if 7 appropriate. 8 9 (d) Nothing in this ESI Stipulation shall be interpreted to require disclosure of irrelevant information or relevant information protected by the attorney-client privilege, work-product doctrine, 10 or any other applicable privilege or immunity. The Parties do not waive any objections to the 11 production, discoverability, admissibility, or confidentiality of documents and ESI. 12 9. 13 This Stipulated Order may be modified by a Stipulated Order of the Parties or by the Court for 14 MODIFICATION good cause shown. ORDER IT IS SO ORDERED 15 16 DATED: 3:50 pm, July 26, 2022 IT IS SO STIPULATED, through Counsel of Record. BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE 17 18 Dated: July 22, 2022 24 By: /s/Anthony J. Patek / GUTRIDE SAFIER LLP Seth Safier (admitted pro hac vice) Marie A. McCrary (admitted pro hac vice) Hayley Reynolds (admitted pro hac vice) Kali Backer (admitted pro hac vice) 100 Pine Street, Suite 1250 San Francisco, CA 94111 Telephone: (415) 639-9090 Facsimile: (415) 449-6469 25 Attorneys for Plaintiff 19 20 21 22 23 26 27 By: /s/Ali Rabbani / WILSON SONSINI GOODRICH & ROSATI Professional Corporation VICTOR JIH (admitted pro hac vice) vjih@wsgr.com SUSAN K. LEADER (admitted pro hac vice) sleader@wsgr.com ALI RABBANI (admitted pro hac vice) arabbani@wsgr.com STEPHANIE V. BALITZER (admitted pro hac vice) sbalitzer@wsgr.com 633 West Fifth Street, Suite 1550 Los Angeles, CA 90071-2027 Telephone: (323) 210-2900 Facsimile: (866) 974-7329 28 7 ESI STIPULATION Case No. 2:22-cv-00412-RFB-BNW Case 2:22-cv-00412-RFB-BNW Document 34 Filed 07/22/22 Page 9 of 12 CAMPBELL & WILLIAMS J. Colby Williams, Esq. (Nevada Bar No. 5549) 710 South Seventh Street, Suite A Las Vegas, Nevada 89101 Telephone: (702) 382-5222 Facsimile: (702) 382-0540 1 2 3 4 Attorneys for Defendant Zuffa, LLC 5 6 7 8 9 IT IS ORDERED that the foregoing Agreement is approved. 10 11 12 Dated: Honorable Richard F. Boulware 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 ESI STIPULATION Case No. 2:22-cv-00412-RFB-BNW Case 2:22-cv-00412-RFB-BNW Document 34 Filed 07/22/22 Page 10 of 12 1 FIELD NAME 2 Exhibit A Production Fields FIELD DESCRIPTION BEGBATES Bates number assigned to the first page of the document. ENDBATES Bates number assigned to the last page of the document. BEGATTACH Bates number assigned to the first page of the parent document in a document family (i.e., should be the same as BEGDOC of the parent document, or PARENTDOC). ENDATTACH Bates number assigned to the last page of the last child document in a document family (i.e., should be the same as ENDDOC of the last child document). 8 ATTACHCOUNT Number of attachments to an email. 9 FAMILY RANGE Beginning page of parent document and ending page of attachment range. NATIVEFILE Relative file path of the native file on the production media. CUSTODIAN Includes the Individual (Custodian) from whom the document or file originated and all Individual(s) whose documents deduplicated out (De-Duped Custodian). 13 FROM Sender of the email. 14 TO All to: members or recipients, delimited by ";" when field has multiple values. CC All cc: members or recipients, delimited by ";" when field has multiple values. BCC All bcc: members or recipients, delimited by ";" when field has multiple values. 18 SUBJECT Subject line of the email. 19 DATE/TIME SENT Date and time that an email was sent (MM/DD/YYYY hh:mm:ss AM/PM). 20 ATTACHMENTS List of filenames of all attachments, delimited by";" when field has multiple values. FOLDERLOC Original path of the produced document. FILENAME Filename of electronic document. 23 FILEEXT File extension of electronic document. 24 TITLE Document title (if entered). AUTHOR Any value populated in the author field of the document properties. 26 DATECREATED Date that a document was created. 27 DATEMOD Date that an electronic document was last modified (MM/DD/YYYY). 3 4 5 6 7 10 11 12 15 16 17 21 22 25 28 9 ESI STIPULATION Case No. 2:22-cv-00412-RFB-BNW Case 2:22-cv-00412-RFB-BNW Document 34 Filed 07/22/22 Page 11 of 12 1 2 FIELD NAME FIELD DESCRIPTION FILESIZE Original file size in bytes. MDHASH MD5 hash value computed from native file (a/k/a file fingerprint). 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10 ESI STIPULATION Case No. 2:22-cv-00412-RFB-BNW Case 2:22-cv-00412-RFB-BNW Document 34 Filed 07/22/22 Page 12 of 12 Exhibit B Privilege Log Fields 1 2 3 FIELD NAME FIELD DESCRIPTION PrivLog # Generic field for tracking purposes (i.e. 1, 2, 3). 5 Begin Bates Beginning Bates number of document. 6 End Bates Ending Bates number of document. 7 Document Type General type of record (i.e., Outlook, PDF, PowerPoint Presentation). 8 Family Relationship Parent, Child, or Standalone. Date The date of the parent document (for emails, this is date sent; for nonemails, this is date last modified). Author Author or sender of document (for emails, this is the From field; for non-emails, this is the person who created the file). To Derived from the To field. CC Derived from the CC field. BCC Derived from the BCC field. Privilege Claimed Type of privilege claimed (i.e., Attorney-Client or Attorney Client Work Product, etc.). Description Description of Privilege Claim. Treatment How the document was treated with regards to production (i.e., Withheld or Redacted). 4 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 ESI STIPULATION Case No. 2:22-cv-00412-RFB-BNW
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
