Benanav v. Healthy Paws Pet Insurance LLC, No. 2:2020cv00421 - Document 81 (W.D. Wash. 2022)

Court Description: ORDER granting Parties' 77 Stipulated MOTION Regarding Discovery of Electronically Stored Information. Signed by Judge Lauren King.(MW)

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Benanav v. Healthy Paws Pet Insurance LLC Doc. 81 Case 2:20-cv-00421-LK Document 81 Filed 01/06/22 Page 1 of 19 THE HONORABLE LAUREN KING 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 9 10 11 12 STEVEN BENANAV, BRYAN GAGE, MONICA KOWALSKI, LINDSAY PURVEY, STEPHANIE CAUGHLIN, and KATHERINE THOMAS, on behalf of themselves and all others similarly situated, Civil Action No. 2:20-cv-00421-LK STIPULATION AND ORDER REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION Plaintiffs, 13 14 vs. 15 HEALTHY PAWS PET INSURANCE LLC, Defendant. 16 17 18 Plaintiffs Steven Benanav, Bryan Gage, Monica Kowalski, Lindsay Purvey, Stephanie 19 Caughlin, and Katherine Thomas (“Plaintiffs”) and Defendant Healthy Paws Pet Insurance, 20 LLC (“Healthy Paws” or “Defendant,” and with Plaintiffs the “Parties”), by and through their 21 undersigned counsel, hereby stipulate and agree to this Stipulation and [Proposed] Order 22 Regarding Discovery of Electronically Stored Information. 23 1. PURPOSE AND SCOPE 24 This Order will govern discovery of electronically stored information (“ESI”) in this 25 case as a supplement to the Federal Rules of Civil Procedure and any other applicable orders 26 and rules. Nothing herein shall alter the Parties’ respective rights or obligations under the 27 Federal Rules of Civil Procedure. Nothing in this Order establishes any agreement regarding STIP. AND ORDER RE ESI CASE NO. 2:20-CV-00421-LK Dockets.Justia.com Case 2:20-cv-00421-LK Document 81 Filed 01/06/22 Page 2 of 19 1 the subject matter or scope of discovery in this action, or the relevance or admissibility of any 2 ESI or other document or thing. Nothing in this Order shall be interpreted to require disclosure 3 of irrelevant information or ESI protected from discovery by the attorney-client privilege, 4 work product doctrine, or any other applicable privilege or immunity. 5 As provided in LCR 26(f), the proportionality standard set forth in Fed. R. Civ. P. 6 26(b)(1) must be applied in each case when formulating a discovery plan. To further the 7 application of the proportionality standard in discovery, requests for production of ESI and 8 related responses should be reasonably targeted, clear, and as specific as possible. 9 2. COOPERATION 10 The Parties commit to cooperate in good faith throughout the matter. No Party may seek 11 relief from the Court concerning compliance with the Order unless it has conferred in good faith 12 with the affected Parties. 13 3. DEFINITIONS 14 “Custodial Documents” includes a custodian’s e-mail mailbox and papers and other 15 hard copy documents in that custodian’s possession. Custodial Documents do not include 16 ESI stored in centralized data sources such as shared drives or group folders. Custodial 17 Documents also do not include any structured data, such as data stored in data warehouses, 18 databases, or similar locations. 19 “Documents” means any recorded information—including, but not limited to, any 20 writings, drawings, graphs, charts, photographs, sound recordings, images, memoranda, 21 correspondence and other data, data records or data compilations—stored in any medium from 22 which information can be obtained, whether as ESI or in hard copy. 23 24 “Named Custodians” means the individual custodians to be identified by the Parties for whom discoverable Custodial Documents are most likely to exist. 25 “Electronically Stored Information” or “ESI,” as used herein, means information or data of 26 any kind, stored in or on any storage media located on workstations, servers, disks, USB flash 27 STIP. AND ORDER RE ESI CASE NO. 2:20-CV-00421-LK - 2 Case 2:20-cv-00421-LK Document 81 Filed 01/06/22 Page 3 of 19 1 media, or other real or virtualized devices or media. 2 “Load File” means an electronic file containing information identifying a set of paper- 3 scanned images and/or processed ESI and indicating where individual pages or files belong 4 together as Documents, including attachments, and where each Document begins and ends. A 5 Load File will also contain certain data relevant to the individual Documents, including, where 6 reasonable and possible, extracted and user created Metadata as specified herein and in Attachment 7 A. 8 “Metadata” means information about information or data about data, and includes 9 without limitation (1) information embedded in a Native File that is not ordinarily viewable 10 or printable from the application that generated, edited, or modified such Native File; and 11 (2) information generated automatically by the operation of a computer or other information 12 technology system when a Native File is created, modified, transmitted, deleted or otherwise 13 manipulated by a user of such system. Except as otherwise provided herein (e.g., Sections 6 14 and 7.B), this Order does not create a duty on a Party to create Metadata that is not kept in 15 the ordinary course (excluding production-related Metadata, such as Bates numbers) and 16 reasonably captured and produced. “Native File” means ESI in the file type for (or of) the application in which such ESI is 17 18 normally created, viewed and/or modified. 19 “OCR” means the optical character recognition file which is created by software used in 20 conjunction with a scanner that is capable of reading text-based Documents and making such 21 Documents searchable using appropriate software. 22 4. THE COLLECTION AND CULLING OF ESI: 23 A. Named Custodians, Non-Custodial ESI, and ESI Search Methodology 24 Counsel for Plaintiffs and Defendant will correspond regarding the selection of Named 25 Custodians and centralized data sources (i.e., non-custodial ESI) from which they are collecting 26 ESI for production in the above-captioned action (the “Action”). The Parties will work in good 27 faith to identify, discuss, agree upon and revise, if necessary, the Named Custodians and sources STIP. AND ORDER RE ESI CASE NO. 2:20-CV-00421-LK - 3 Case 2:20-cv-00421-LK Document 81 Filed 01/06/22 Page 4 of 19 1 of non-custodial ESI to avoid an unduly burdensome production or retrieving a large quantity of 2 non-responsive ESI. The Parties agree to limit the number of custodians selected for Defendant 3 to 5 custodians and for Plaintiffs to the number of individuals named as Plaintiffs. In addition, 4 the Parties will work in good faith to agree on the use of reasonable search terms, file types, 5 and date ranges, along with any other relevant search parameters. 6 B. Collection of ESI 7 Each Party shall make a reasonable and diligent effort to search for and collect reasonably 8 accessible and responsive (1) Custodial Documents from the Named Custodians and (2) ESI from 9 the agreed-to sources of non-custodial ESI. 10 Nothing in this Order is intended to prevent either Party from complying with the 11 requirements of a foreign country’s data privacy laws, e.g., the European Union’s General Data 12 Protection Regulation (GDPR) (EU) 2016/679. The parties agree to meet and confer before 13 including custodians or data sources subject to such laws in any ESI or other discovery request. 14 Furthermore, an on-site inspection of electronic media shall not be permitted absent a 15 demonstration by the requesting Party of a specific need and good cause, or by agreement of the 16 Parties. 17 C. Other Methods to Streamline Culling of ESI 18 Documents may be de-duplicated globally (i.e. across multiple custodians) provided that 19 the producing Party identifies the additional custodians in the Custodians All field specified in 20 Attachment A. Duplicates shall be identified by industry standard hash values or other comparable 21 automated process only. Any other methodology for identification of duplicates must be discussed 22 with the receiving Party and approved before implementation. 23 The Parties may also use e-mail thread suppression to reduce duplicative production 24 of email threads by producing the most recent e-mail containing the thread of e-mail, as well 25 as all attachments within the thread. If an e-mail thread splits into two separate threads, then 26 both threads shall be included in the production. If an e-mail has an attachment and subsequent 27 replies omit that attachment, then the original e-mail with the attachment shall also be included STIP. AND ORDER RE ESI CASE NO. 2:20-CV-00421-LK - 4 Case 2:20-cv-00421-LK Document 81 Filed 01/06/22 Page 5 of 19 1 in the production. 2 5. PRODUCTION FORMATS 3 The Parties shall produce Documents and ESI in reasonably usable form. Except as 4 otherwise provided herein (e.g., Section 7.C regarding Native Files), or as agreed hereafter by 5 the Parties, such reasonably usable form shall be the single-page TIFF-image format with 6 extracted or OCR text and the associated Metadata set out in Attachment A (to the extent 7 available and reasonable to collect and produce). If particular Documents warrant a different 8 format, the Parties will cooperate to arrange for the mutually acceptable production of such 9 Documents. 10 A. Production Media 11 Unless otherwise agreed, the production media for Document productions shall be by 12 secure FTP link provided via email. Each item of production media shall be labelled in a consistent 13 and logical manner to inform the receiving Party of its contents. 14 B. TIFFs 15 All production images will be provided as black and white single page Group IV TIFFs of 16 at least 300 dpi resolution (except for documents requiring a different resolution or page size); for 17 production of color images, see Section 5.G. Each image will use the Bates number of the first 18 page of the Document as its unique file name. 19 maintained (i.e., portrait to portrait and landscape to landscape). Hidden content, tracked changes 20 or edits, comments, notes and other similar information viewable within the Native File shall also 21 be imaged so that this information is captured on the produced image file. Original Document orientation should be 22 C. Text Files 23 Each Document or ESI item produced under this Order shall be accompanied by a text file. 24 All text files shall be provided as a single Document level text file for each item, not one text file 25 per page. Each text file shall be named using the Bates number of the first page of the 26 corresponding production item. The full path of the text file must be provided in the Load File. 27 STIP. AND ORDER RE ESI CASE NO. 2:20-CV-00421-LK - 5 Case 2:20-cv-00421-LK Document 81 Filed 01/06/22 Page 6 of 19 1 Text files themselves should not be delivered in the Load File. 2 Paper or other non-ESI Documents will be accompanied by an OCR file. The Parties 3 will endeavor to generate accurate OCR and will utilize quality OCR processes and 4 technology. OCR text files should indicate page breaks where possible. Emails and other ESI 5 will be accompanied by extracted text taken from the ESI item itself. The Parties agree not to 6 degrade the searchability of text extracted from ESI or produced via OCR. 7 8 9 To the extent that a Document or ESI is redacted, the text file should not contain the text of the redacted portions. D. Bates Numbering 10 All images must be assigned a Bates number that must: (1) be unique across the entire 11 production; (2) maintain a constant length (0- padded) across the entire production; 12 (3) contain no special characters or embedded spaces; and (4) be sequential within a given 13 Document. Bates numbers should be a combination of an alpha prefix along with a number 14 (e.g., ABC00000001). The number of digits in the numeric portion of the Bates number format 15 should not change in subsequent productions. 16 Bates numbers should generally be assigned sequentially as Documents are processed. If 17 a Bates number or set of Bates numbers is skipped in a production, the producing Party will so 18 note in a cover letter or production log accompanying the production. 19 The producing Party will brand each TIFF image in the lower right-hand corner with 20 its corresponding Bates number, using a consistent font type and size. The Parties must use 21 best efforts to apply Bates numbers so as not to obscure any part of the underlying image. If 22 the placement in the lower right-hand corner will result in obscuring the underlying image, the 23 Bates number should be placed as near to that position as possible while using best efforts to 24 preserve the underlying image. 25 E. Parent-Child Relationships 26 Parent-child relationships between Documents that have been maintained in the 27 ordinary course of business should be preserved. For example, if a Party is producing an e- STIP. AND ORDER RE ESI CASE NO. 2:20-CV-00421-LK - 6 Case 2:20-cv-00421-LK Document 81 Filed 01/06/22 Page 7 of 19 1 mail with its attachments, the attachments should be processed in order behind the e-mail, 2 except attachments withheld on privilege grounds, which will be indicated on the associated 3 privilege log and the withheld attachment will be replaced with a slip sheet stating “Document 4 withheld for privilege.” 5 F. Load Files 6 All production items will be provided with a Load File. Acceptable formats for the 7 Image Load File are .opt, .dii, or .1fp. Acceptable formats for metadata load files are 8 concordance delimited .txt, .log or .dat. Each Party will designate its preferred Load File 9 format. The Load File must reference each file (whether in TIFF or Native File format) in 10 the corresponding production. Metadata for a given Metadata field shall be produced with uniform 11 formatting across different Documents and productions to the extent practicable. 12 Load File names should contain the volume name of the production media. Additional 13 descriptive information may be provided after the volume name. For example, both ABC001.dat 14 or ABCOOl_metadata.dat would be acceptable. 15 G. Color 16 Documents or ESI containing color need not be produced initially in color. However, 17 if an original Document or ESI item contains color markings or highlighting and it is necessary 18 to see those markings or highlighting in their original color to understand the meaning or 19 content of the Document, then the receiving Party may, in good faith, request that the 20 Document or ESI item be produced in its original colors. The parties reserve the right to 21 request these files in an alternative format (either in color TIFF or .jpg format), though there 22 is no presumed requirement for a Party to produce “color for color” across all of its delivered 23 documents. 24 H. Confidentiality Designations 25 If a Party contends that a Document or ESI item qualifies for Confidential treatment 26 pursuant to the terms of the protective order entered by the Court in this litigation, or has been 27 redacted in accordance with applicable law or Court order, the appropriate confidentiality STIP. AND ORDER RE ESI CASE NO. 2:20-CV-00421-LK - 7 Case 2:20-cv-00421-LK Document 81 Filed 01/06/22 Page 8 of 19 1 designation shall be shown both on the face of all TIFFs pertaining to such item/Document, 2 and in the appropriate data field in the Load File. 3 6. PRODUCTION OF PAPER DOCUMENTS 4 If the Parties elect to produce hard-copy documents in an electronic format, the production 5 of hard-copy documents will include a cross-reference file that indicates document breaks and sets 6 forth the custodian or custodian/location associated with each produced document. Hard-copy 7 documents will be scanned using OCR technology and searchable ASCII text files will be 8 produced (or Unicode text format if the text is in a foreign language), unless the producing Party 9 can show that the cost would outweigh the usefulness of scanning (for example, when the condition 10 of the paper is not conducive to scanning and will not result in accurate or reasonably 11 useable/searchable ESI). Each file will be named with a unique Bates Number (e.g., the unique 12 Bates Number of the first page of the corresponding production version of the document followed 13 by its file extension). 14 7. PRODUCTION OF ESI 15 A. Removal of System Files 16 ESI productions may exclude certain file types that are highly unlikely to contain 17 relevant data, this includes, but is not limited to de-NISTing using the industry standard list of 18 files maintained in the National Software Reference Library by the National Institute of 19 Standards & Technology. Other file types may be added to the list of excluded files by 20 agreement of the Parties. 21 B. 22 Attachment A sets forth the minimum Metadata fields that must be produced, but only 23 to the extent that Metadata exists and can be reasonably produced. Except as otherwise set 24 forth below, to the extent that Metadata does not exist, is not reasonably accessible or available, 25 or would be unduly burdensome to collect, nothing in this Order shall require any Party to 26 extract, capture, collect, or produce such data. 27 Metadata Fields and Processing The Parties are not obligated to manually populate any of the fields in Attachment A for STIP. AND ORDER RE ESI CASE NO. 2:20-CV-00421-LK - 8 Case 2:20-cv-00421-LK Document 81 Filed 01/06/22 Page 9 of 19 1 an ESI item if such fields cannot be extracted from the ESI item using an automated process, with 2 the exception of the following fields: (1) BegBates, (2) EndBates, (3) BegAttach, (4) EndAttach, 3 (5) PgCount, (6) Custodian, (7) SourceParty, (8) TextPath, (9) Confidentiality, (10) Redacted, 4 (11) ProdVol, (12) and DocType. These fields should be populated regardless of whether the fields 5 can be populated pursuant to an automated process. 6 C. Production of Native File Items 7 The following items of ESI shall be produced in Native File format: spreadsheet- 8 application files (e.g., MS Excel, Tab Separated Value (.tsv), Comma Separated Value (.csv)), 9 personal databases (e.g., MS Access), multimedia audio/visual files such as voice and video 10 recordings (e.g., .wav, .mpeg, and .avi) and presentation files and/or presentation application 11 files (e.g. MS PowerPoint), with any speaker notes and any other similar text produced with 12 the presentation slides. 13 In addition to producing the above file types in Native File format, the producing Party 14 shall produce a single-page TIFF slip sheet indicating that a Native File item was produced 15 and providing the file name of the natively produced document, as well as any confidentiality 16 designation. The corresponding Load File shall include the NativePath data field for each 17 Native File that is produced. Any electronic file produced in Native File format shall be given 18 a file name consisting of a unique Bates number, for example, “ABC00000002.XLS.” 19 20 D. Requests for Other Native Files If good cause exists for the receiving Party to request production of a certain 21 Document in native format, the receiving Party may request production in native format by 22 providing (i) a list of the Bates numbers of Documents it requests to be produced in native 23 format; and (ii) an explanation of the need for reviewing such Documents in native format, for 24 the producing Party's consideration. 25 E. Redaction 26 The Parties agree that where Documents or ESI need to be redacted, they shall be 27 produced in TIFF with each redaction clearly indicated. For any redacted Document or ESI, STIP. AND ORDER RE ESI CASE NO. 2:20-CV-00421-LK - 9 Case 2:20-cv-00421-LK Document 81 Filed 01/06/22 Page 10 of 19 1 any unaffected Metadata fields specified in Attachment A shall be provided, subject to the 2 conditions set forth in Section 7.B. “Metadata Fields and Processing,” supra. 3 If the items redacted and partially withheld from production are Excel-type 4 spreadsheets, and the Native Files are withheld, the entire ESI item must be produced in TIFF 5 format, including all unprivileged pages, hidden fields and other information that does not 6 print when opened as last saved by the custodian or end-user. For Excel-type spreadsheets, 7 this shall include, but is not limited to, hidden rows, columns, and worksheets, as well as all 8 cell values, annotations and notes. The producing Party shall also make reasonable efforts 9 to ensure that any spreadsheets produced only as TIFF images are formatted so as to be 10 legible. For example, column widths should be formatted so that the numbers in the column 11 will display rather than “##########.” 12 If the items redacted and partially withheld from production are audio/visual files, the 13 producing Party shall provide the unredacted portions of the content. The Parties shall meet and 14 confer regarding the appropriate form for production of any types of ESI not specifically addressed 15 herein. 16 F. Technical Exceptions 17 ESI that cannot be reviewed, produced, and/or imaged because of technical issues 18 should be replaced with a slip sheet so stating. The slip sheet shall identify the document. If 19 the receiving Party requests further information regarding production of any such Documents, 20 the Parties will meet and confer on a reasonable and cost-effective means for attempting to 21 provide the requested files. 22 G. Inaccessible and Unusable ESI 23 If a producing Party asserts that certain ESI is inaccessible or otherwise unnecessary under 24 the circumstances, or if the requesting Party asserts that, following production, certain ESI is not 25 reasonably usable, the Parties shall meet and confer before presenting the issue to the Court for 26 27 STIP. AND ORDER RE ESI CASE NO. 2:20-CV-00421-LK - 10 Case 2:20-cv-00421-LK Document 81 Filed 01/06/22 Page 11 of 19 1 resolution. 2 H. 3 If a Party believes that responsive, unique ESI no longer exists in its original format, or 4 is no longer retrievable, the Parties shall meet and confer to attempt to resolve the issue 5 expeditiously. Irretrievable ESI 6 I. Compressed Files 7 Compression file types (i.e., .CAB, .GZ, .TAR, .Z, .ZIP) shall be decompressed in a 8 reiterative manner resulting in individual folders and/or files in the lowest possible 9 compression, for example to ensure that a zip within a zip is fully decompressed into individual 10 non-zip files. Once decompressed into individual non-container files, the compressed 11 container file does not need to be produced. Compressed items should be treated as compressed 12 folders and not as compressed items. 13 J. Preservation of ESI 14 The Parties acknowledge that they have a common law obligation, as expressed in Fed. 15 R. Civ. P. 37(e), to take reasonable and proportional steps to preserve discoverable information 16 in the Party’s possession, custody, or control. With respect to preservation of ESI, the Parties 17 agree as follows: 18 Absent a showing of good cause by the requesting Party, the parties shall not be required 19 to modify the procedures used by them in the ordinary course of business to back-up and archive 20 data; provided, however, that the parties shall preserve all discoverable ESI in their possession, 21 custody, or control. 22 The parties will supplement their disclosures in accordance with Fed. R. Civ. P. 26(e) with 23 discoverable ESI responsive to a particular discovery request or mandatory disclosure where that 24 data is created after a disclosure or response is made (unless excluded under the below ESI 25 categories or the Section 9). 26 Absent a showing of good cause by the requesting Party, the following categories of ESI 27 STIP. AND ORDER RE ESI CASE NO. 2:20-CV-00421-LK - 11 Case 2:20-cv-00421-LK Document 81 Filed 01/06/22 Page 12 of 19 1 need not be preserved: 2 a. Deleted, slack, fragmented, or other data only accessible by forensics. b. Random access memory (RAM), temporary files, or other ephemeral data that are difficult to preserve without disabling the operating system. c. On-line access data such as temporary internet files, history, cache, cookies, and the like. d. Data in metadata fields that are frequently updated automatically, such as last-opened dates. e. Back-up data that are duplicative of data that are more accessible elsewhere. f. Server, system or network logs. g. Data remaining from systems no longer in use that is unintelligible on the systems in use. h. Electronic data (e.g., email, calendars, contact data, and notes) sent to or from mobile devices (e.g., iPhone, iPad, Android devices), provided that a copy of all such electronic data is automatically saved in real time elsewhere (such as on a server, laptop, desktop computer, or “cloud” storage). 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 8. DOCUMENTS PROTECTED FROM DISCOVERY 18 Inadvertent disclosure of any document or other information covered by the attorney-client, 19 work-product, or other applicable privileges during discovery shall be without prejudice to any 20 claim that such document or other information is privileged and/or protected, and no Party shall 21 assert that the producing Party has waived any rights by such inadvertent disclosure, provided a 22 request for return of such inadvertently produced Privileged Material is made within a reasonable 23 time after the producing Party learns of its inadvertent production. 24 If the producing Party claims in writing that privileged materials were inadvertently 25 disclosed, the receiving Party, without protest, shall within five business days of such notice return 26 to counsel for the producing Party any and all copies of the inadvertently produced Privileged 27 Material, or in the alternative, within five business days of said notice, the receiving Party, without STIP. AND ORDER RE ESI CASE NO. 2:20-CV-00421-LK - 12 Case 2:20-cv-00421-LK Document 81 Filed 01/06/22 Page 13 of 19 1 protest, shall destroy the inadvertently produced privileged material and certify such destruction 2 to the producing Party. Within ten business days of such notice, the producing Party shall serve 3 a privilege log identifying such inadvertently produced privilege material, including, to the extent 4 known, identification of the date of the document, author of the document, the sender of the 5 document, the recipient of the document, a description of the contents of the document, and the 6 basis for the privilege claim. 7 After the receipt of the privilege log, if the receiving Party wishes to contest that any document 8 or thing alleged to constitute privileged material is protected by the attorney-client privilege, work- 9 product immunity, or any other applicable privilege, the receiving Party shall so notify the producing 10 Party in writing of the identification of the documents for which it questions the claim of privilege, 11 and the reasons for its assertion that the documents are not privileged, but in no event may the 12 receiving Party use the contents of such inadvertently produced documents in providing the reasons 13 for its assertion that they are not privileged. The producing Party must preserve the returned document 14 or thing until the dispute is resolved. In no event, however, shall the return or destruction of demanded 15 documents be delayed or refused because of a Party’s objection to the demand or the filing of a motion 16 to compel. 17 Within five business days of the receiving Party’s notice, the Party seeking to support the claim 18 of privilege shall provide a written response supporting the claim of privilege. The Parties will then 19 meet and confer in good faith as to the claims of privilege. If agreement cannot be reached after five 20 business days, any Party may thereafter move the Court for an Order compelling production of any 21 inadvertently produced or disclosed privileged material. Any such motion may argue that the 22 documents are not privileged, and may challenge whether the production of the privileged material 23 was truly inadvertent, but otherwise shall not assert the fact of the inadvertent production as grounds 24 for production or use the contents of the inadvertently produced documents. Furthermore, until and 25 unless such motion to compel is granted by the Court, the receiving Party shall neither use nor refer 26 to any information contained within the document(s) at issue for which the producing Party has made 27 a privilege claim, either prior to or following their return, including in deposition, trial, or hearing, or STIP. AND ORDER RE ESI CASE NO. 2:20-CV-00421-LK - 13 Case 2:20-cv-00421-LK Document 81 Filed 01/06/22 Page 14 of 19 1 in any Court filing, except to the extent such information is reflected in an appropriate privilege log. 2 9. DATA BREACH 3 In the event the receiving Party, including any Counsel, Professional Vendor, Expert or 4 other person or entity engaged by the receiving Party in this Action, experiences a data breach 5 that may have impacted Confidential material received from the producing Party, it shall (to the 6 extent permitted by law) notify the producing Party as soon as reasonably practicable of the same, 7 and shall reasonably cooperate with the producing Party to address and remedy the breach, subject 8 to the producing Party’s reasonable instructions. Nothing herein shall constitute a waiver of legal 9 rights and defenses regarding the protection of information from unauthorized disclosure. 10 10. PRIVILEGE LOG 11 For any Document withheld in its entirety or produced but redacted, the producing Party 12 will produce privilege/redaction logs in a format that permits electronic searching For ESI, 13 the privilege log may be generated using available metadata, including author/recipient or 14 to/from/cc/bcc names; the subject matter or title; and date created. Should the available 15 metadata provide insufficient information for the purpose of evaluating the privilege claim 16 asserted, the producing Party shall include such additional information as required by the 17 Federal Rules of Civil Procedure. The Parties agree to meet and confer in good faith over the 18 deadline for production of privilege logs after they have ascertained the volume of potentially 19 responsive information. Redactions need not be logged so long as the basis for the redaction is clear on the 20 21 redacted document. 22 With respect to privileged or work-product information generated after the filing of the 23 complaint, parties are not required to include any such information in privilege logs. 24 Communications and documents may be identified on a privilege log by category, rather than 25 individually, if appropriate. 26 11. 27 MODIFICATION This Stipulated Order may be modified by a Stipulated Order of the parties or by STIP. AND ORDER RE ESI CASE NO. 2:20-CV-00421-LK - 14 Case 2:20-cv-00421-LK Document 81 Filed 01/06/22 Page 15 of 19 1 the Court for good cause shown. 2 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 STIP. AND ORDER RE ESI CASE NO. 2:20-CV-00421-LK - 15 Case 2:20-cv-00421-LK Document 81 Filed 01/06/22 Page 16 of 19 1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 2 DATED January 6, 2022. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 /s/ Samuel J. Strauss Samuel J. Strauss, WSBA #46971 936 North 34th Street, Suite 300 Seattle, Washington 98103-8869 Phone (608) 237-1775 Fax (608) 509-4423 TURKE & STRAUSS LLP Raina Borrelli (pro hac vice) 613 Williamson St., Suite 201 Madison, Wisconsin 53703 Phone (608) 237-1775 raina@turkestrauss.com TURKE & STRAUSS LLP Stan M. Doerrer (pro hac vice) 950 N. Washington Street Alexandria, VA 22314 Phone (703) 348-4646 stan@doerrerlaw.com LAW OFFICE OF STAN DOERRER PLLC Jeffrey D. Kaliel (pro hac vice) Sophia Goren Gold (pro hac vice) 1875 Connecticut Avenue NW, 10th Floor Washington, D.C. 20009 Phone (202) 350-4783 jkaliel@kalielpllc.com sgold@kalielpllc.com KALIEL PLLC Attorneys for Plaintiffs 23 24 25 26 27 STIP. AND ORDER RE ESI CASE NO. 2:20-CV-00421-LK - 16 /s/ Alicia Cobb Alicia Cobb, WSBA #48685 QUINN EMANUEL URQUHART & SULLIVAN, LLP 1109 First Avenue, Suite 210 Seattle, Washington 98101 Phone (206) 905-7000 Fax (206) 905-7100 aliciacobb@quinnemanuel.com Richard I. Werder, Jr. (pro hac vice) Robert Longtin (pro hac vice) QUINN EMANUEL URQUHART & SULLIVAN, LLP 51 Madison Avenue New York, New York 10010 Phone (212) 849-7231 Fax (212) 849-7100 rickwerder@quinnemanuel.com Stephen A. Broome (pro hac vice) Justin Griffin (pro hac vice) QUINN EMANUEL URQUHART & SULLIVAN, LLP 865 S. Figueroa St., 10th Floor Los Angeles, California 90017 Phone (213) 443-3285 Fax (213) 443-3100 sb@quinnemanuel.com Attorneys for Defendant Healthy Paws Pet Insurance LLC Case 2:20-cv-00421-LK Document 81 Filed 01/06/22 Page 17 of 19 1 2 3 4 Attachment A: Metadata Coding Fields The Metadata fields described below shall be populated for the indicated types of documents, in accordance with terms of the foregoing Order. "Email" means any email message. "Edoc" means any item of ESI other than Email. "All" means Email, Edocs, and scanned hard copy documents. 5 6 7 Field Name BegBates EndBates BegAttach Document Type All All All EndAttach All PgCount Custodian SourceParty TextPath All All All All Confidentiality Redacted All All ProVol All DocType FilePath All All CustodiansAll Email MD5Hash Size Extension FileName Title Edoc Email Edoc Email Edoc Subject Email Author Edoc DateCreated LastModDate NativePath Edoc Edoc Edoc 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 STIP. AND ORDER RE ESI CASE NO. 2:20-CV-00421-LK - 17 Field Description Beginning Bates number of document Ending Bates number of document First Bates number of the first document of the family Last Bates number of the last document of the family Page count of document Custodian name Party producing the document Path to the document level text file on production media Text of confidentiality designation, if any Whether all or any portion of the document is redacted Name of the production volume containing the document Identifies type of document produced Path to the document level text file on production media All custodians who possessed a deduplicated document The document's MD5 Vhash value Size (in bytes) of the original document File extension of the document File name of the document Any value in the Title field of the document properties Any value in the Subject field of the document properties Any value of the Author field of the document properties Date the document was created Date the document was last modified Path for Native File on production volume Case 2:20-cv-00421-LK Document 81 Filed 01/06/22 Page 18 of 19 1 2 3 4 5 6 7 8 9 10 Field Name NativeApp EmailSubject AttachmentCount From To CC BCC ParentID AttachIDs DateSent TimeSent TimeReceived DateReceived Document Type Edoc Email Email Email Email Email Email Email Email Email Email Email Email 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 STIP. AND ORDER RE ESI CASE NO. 2:20-CV-00421-LK - 18 Field Description The application normally used to view the document Subject line of email Number of documents attached to the email Sender of the email All recipients included on the "To" line of the email All recipients included on the "CC" line of the email All recipients included on the "BCC" line of the email Identifies ID of parent document if document family Identifies the ID(s) of the children document(s) in family Date email was sent Time email was sent Time email was received Date email was received Case 2:20-cv-00421-LK Document 81 Filed 01/06/22 Page 19 of 19 1 ORDER 2 Based on the foregoing, IT IS SO ORDERED. 3 DATED January 6, 2022. a 4 5 Lauren King United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 STIP. AND ORDER RE ESI CASE NO. 2:20-CV-00421-LK - 19

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