United States District Court, W.D. North Carolina, Charlotte Division
WHIRLPOOL PROPERTIES, INC., WHIRLPOOL CORPORATION, and MAYTAG PROPERTIES, LLC, Plaintiffs,
FILTERS FAST, LLC, Defendants.
ORDER CONCERNING DISCOVERY OF ELECTRONICALLY STORED
C. KEESLER UNITED STATES MAGISTRATE JUDGE
on the parties' joint motion and proposed order, the
Court ORDERS as follows:
Order supplements all other discovery rules and orders. It
streamlines Electronically Stored Information
(“ESI”) production to promote a “just,
speedy, and inexpensive determination” of this action,
as provided by Federal Rule of Civil Procedure 1. The
proportionality standard set forth in Fed.R.Civ.P. 26(b)(1)
must be applied in each case when formulating a discovery
plan. To further the application of the proportionality
standard in discovery, requests for production of ESI and
related responses should be reasonably targeted, clear, and
as specific as possible.
order may be modified in the Court's discretion or by
agreement of the parties.
party's meaningful compliance with this order and efforts
to promote efficiency and reduce costs will be considered in
General ESI production requests under Federal Rules of Civil
Procedure 34 and 45 shall not include email or other forms of
electronic correspondence (collectively “email”),
unless specifically requested.
Absent other agreement of the parties or further order of
this court, the parties will comply with the following
specifications for the production of ESI:
a. The parties agree to produce electronic documents in
single page 300 dpi group IV (1 bit) TIFF format. All TIFF
images must have corresponding load files that contain all
available metadata. Documents shall be produced in
black/white, unless a party requests copies of specific
electronic documents in color, which shall be produced as
single page JPGs.
b. The parties agree to produce all other electronic files,
such as Microsoft Excel, audio, or video files, or computer
drafting drawings in native format. The native file must have
all available metadata. All native files must have a
corresponding image placeholder with the correct Bates
c. The parties agree to produce paper and hard copy documents
in single page 300 dpi Group IV (1 bit) TIFF format for
black/white or single page JPG for color.
d. The parties agree to extract text or OCR text files, if
possible, for all documents produced. The parties agree to
produce searchable OCR text files on the document level
(single, multi-page text file).
e. The parties agree to stamp every document produced with a
unique Bates number. Bates numbers must be a constant length
that is zero padded (e.g., ABC000001). Bates numbers
cannot contain special characters or spaces. Bates numbers
must be sequential within a document. If a Bates number is
skipped, that number should be contained in the privilege log
or the responding party must notify the requesting party of
the skipped Bates range.
f. Responsive documents in TIFF format shall be stamped with
the appropriate confidentiality designation, if any, in the
footer in accordance with the Confidentiality and Protective
Order in this matter. Each responsive document produced in
native format shall have its confidentiality designation
identified in the filename of the native file.
Confidentiality designations shall be included in the
metadata fields provided in the load files.
parties are not obligated to produce duplicates of the same
electronic document or electronic mail file ...