Richard A. Ripley (pro hac vice), Trial Attorney, James R. Wade (pro hac vice), Nora L. Whitehead (pro hac vice), HAYNES AND BOONE, LLP, Washington, D.C., James A. Dyer (0006824), Toby K. Henderson (0071378), SEBALY, SHILLITO & DYER A Legal Professional Association, Dayton, OH, Attorneys for Plaintiff The Medical Center at Elizabeth Place, LLC.
Charles J. Faruki (0010417), Trial Attorney, Laura A. Sanom (0039451), Peter T. Snow (0088837), FARUKI IRELAND & COX P.L.L., Dayton, OH, Thomas Demitrack (0025266), Robert E. Haffke (0082451), JONES DAY, Cleveland, OH, Toby G. Singer (admitted pro hac vice), JONES DAY, Washington, D.C., Attorneys for Defendants Premier Health Partners, MedAmerica Health Systems Corporation, Atrium Health System, Catholic Health Initiatives, Samaritan Health Partners, and UVMC.
STIPULATED ORDER GOVERNING PRODUCTION OF HARD COPY DOCUMENTS AND ELECTRONICALLY STORED INFORMATION
TIMOTHY S. BLACK, District Judge.
Pursuant to Fed.R.Civ.P. 16 and 26, and in accordance with General Order No. 12-01 Dayton, Plaintiff The Medical Center at Elizabeth Place, LLC ("Plaintiff") and Defendants Premier Health Partners, MedAmerica Health Systems Corporation, Samaritan Health Partners, Catholic Health Initiatives, Atrium Health System, and UVMC ("Defendants, " and together with Plaintiff, the "Parties") submit this Stipulated Order Governing Production of Hard Copy Documents and Electronically Stored Information ("Stipulated Order").
I. GENERAL PROVISIONS
1. This Stipulated Order on discovery and production of documents originating as paper ("hard copy documents") and electronically stored information ("ESI") shall govern various discovery issues in the above-captioned action (the "Action").
2. This Stipulated Order does not determine the relevance, discoverability, confidentiality, authenticity or admissibility of any hard copy documents or ESI of the Parties, does not expand any record preservation requirements under the Federal Rules of Civil Procedure, and does not limit any protection provided by Fed.R.Civ.P. 26 or Fed.R.Civ.P. 37.
3. This Stipulated Order does not waive any objections as to discoverability, confidentiality, authenticity or admissibility of hard copy documents or ESI in the Action, or any objections raised by a Party in its written responses to specific discovery requests served in the Action.
4. Nothing in this Stipulated Order shall be interpreted to require the disclosure of any hard copy documents or ESI that a Party contends are protected from disclosure by the attorney-client privilege, work product doctrine or any other applicable privilege or protection.
5. For purposes of this Stipulated Order, "metadata" means (a) information embedded in a native file that is not ordinarily viewable or printable from the application that generated, edited, or modified such native file, and (b) information generated automatically by the operation of a computer or other information technology system when a native file is created, modified, transmitted, deleted or otherwise manipulated. For purposes of this Stipulated Order, "native file" means ESI in the electronic format of the application in which such ESI is created, viewed or modified in the ordinary course of business.
6. This Stipulated Order shall not require the Parties to create or supply any information, metadata or otherwise, which is not maintained by the Parties in the usual course of business.
7. This Stipulated Order is subject to, and does not modify or supersede, the terms and conditions of any protective order agreed to between the Parties or entered in the Action.
II. PRODUCTION OF HARD COPY DOCUMENTS AND ESI
8. Subject to the limitations in this Stipulated Order, on a rolling basis the Parties will produce responsive, non-privileged hard copy documents and ESI (regardless of its original format) as: black and white, single-page, group IV TIFF files imaged at (at least) 200 dpi. For documents that do not contain redactions, the Parties will produce an extracted text file for each electronic document where text can be extracted, and an Optical Character Recognition ("OCR") text file for (a) each imaged paper document and (b) each electronic document for which text cannot be extracted. For documents that contain redactions, the Parties will provide an OCR text file for the unredacted portions of such documents. Said extracted text and OCR files shall be produced as document level text files and be named consistently with their corresponding TIFF files (Example000000001.tif and Example000000001.txt). The Parties shall also provide load files linking the TIFFs with their associated text file in order for the documents to be loadable into document management software. The following types of load files should be included with each production: (a) Concordance metadata.TXT files using standard delimiters (one file with a "Full Text" field and one file without); (b) Concordance image load files -.LFP and.OPT; and (c) Concordance text load file -.LST.
9. The load files will contain the following metadata in a searchable fielded data file for each document that is produced, to the extent such metadata exists and is reasonably accessible:
a) Beginning/ending Bates Numbers
b) Beginning/ending attachment ranges
c) Document Type
d) Sent Date/Time