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Ltd. v. Bucks, Inc.

United States District Court, D. Nebraska

November 29, 2017

BUC-EE'S, LTD. Plaintiff,
v.
BUCKS, INC., d/b/a BUCKY'S, and STEVEN BUCHANAN, Defendants. Universal Field Description Field Description Exemplary Field Name Description

          STIPULATED ORDER REGARDING E-DISCOVERY

          Michael D. Nelson UNITED STATES MAGISTRATE JUDGE

         This matter is before the Court on the parties' Stipulation and Joint Motion for Order Regarding E-Discovery (Filing No. 102). The parties have agreed to certain terms and production protocol governing the production of Electronically Stored Information in this case. The Court finds that the Stipulation should be entered. Accordingly, IT IS ORDERED: the Stipulation and Joint Motion for Order Regarding E-Discovery (Filing No. 102) is granted, and the following Stipulated Order shall apply:

         1. This Order supplements all other discovery rules and orders. It streamlines production of Electronically Stored Information (“ESI”) to promote a “just, speedy, and inexpensive determination” of this action, as required by Federal Rule of Civil Procedure 1 and to incentivize narrowly-tailored discovery efforts proportionate to this dispute.

         2. The parties may agree in writing to jointly modify the terms of this Order. If the parties cannot resolve their disagreements regarding any modifications, the parties shall submit their competing proposals and a summary of their dispute to the Court.

         3. A party's meaningful compliance with this Order and efforts to promote efficiency and reduce costs will be considered in cost shifting determinations.

         4. Except as provided in paragraph 5, 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”). To obtain email, parties must propound specific email requests.

         5. Email production requests shall identify the custodian, search terms, and timeframe. The parties shall cooperate to identify the proper custodians, proper search terms, and proper timeframe.

         6. With respect to all ESI production requests, including email production requests, each requesting party shall limit its requests to a total of ten (10) custodians per producing party for all requests. Each requesting party shall also limit all ESI production requests, including email production requests, to a total of fifteen (15) search terms per custodian per party.

         7. Nothing in this Order shall limit the duty of each party to produce known ESI information that is responsive and relevant to specific discovery requests.

         8. Indiscriminate terms, such as the producing party's name or its product/service name, are inappropriate unless combined with narrowing search criteria that sufficiently reduce the risk of overproduction. A conjunctive combination of multiple words or phrases (e.g., “computer” and “system”) narrows the search and shall count as a single search term. A disjunctive combination of multiple words or phrases (e.g., “computer” or “system”) 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.

         9. Nothing in this Order alters any party's right to object to and/or deny discovery and/or production of information as allowed under the Rules of Civil Procedure and Evidence.

         10. The production protocol is attached hereto as Exhibit 1 and incorporated herein.

         EXHIBIT 1

         Jury ...


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