United States District Court, D. Nebraska
BUC-EE'S, LTD. Plaintiff,
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
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
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
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
party's meaningful compliance with this Order and efforts
to promote efficiency and reduce costs will be considered in
cost shifting determinations.
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.
Email production requests shall identify the custodian,
search terms, and timeframe. The parties shall cooperate to
identify the proper custodians, proper search terms, and
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.
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.
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.
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.
production protocol is attached hereto as Exhibit 1 and