United States District Court, D. Nebraska
HCI DISTRIBUTION, INC.; and ROCK RIVER MANUFACTURING, INC., Plaintiff,
DOUGLAS PETERSON, Nebraska Attorney General; and TONY FULTON, Nebraska Tax Commissioner, Defendants.
M. Bazis United States Magistrate Judge.
HCI Distribution, Inc. and Rock River Manufacturing, Inc.,
and Defendants Douglas Peterson and Tony Fulton (collectively
the “Parties”), through their respective Counsel
of Record, have agreed to a protocol for production of
electronically stored information (“ESI”) and
paper documents in this action. (Filing No. 50.)
Parties' Stipulation (Filing No. 50) is approved
IT IS ORDERED.
procedures and protocols set forth in this Order shall govern
the production of ESI and paper documents in this matter,
unless the Parties agree in writing to change them or they
are changed by the Court.
filing any discovery motion regarding the production of ESI
or paper documents, the Parties shall follow the procedures
set forth in the Local Rules and the Court's individual
practices for handling discovery disputes, including any
issues that arise under this Order or otherwise.
“Electronically stored information” or
“ESI, ” as used herein, means and refers to
computer generated or stored information or data, residing in
or on any storage media located on computers, file servers,
disks, tape, USB drives, or other real or virtualized devices
or media, as such information is defined in the Federal Rules
of Civil Procedure, including Rule 34(a).
"Document” or “Documents" refers to ESI
and paper documents in every form or source in which such ESI
or paper document exists or in which you possess or control
it, including without limitation computer or electronic files
stored on file servers, e-mail servers, work stations,
desktops, hard drives, personal digital assistants (PDAs),
smartphones (e.g., “Blackberrys, ”
“IPhones, ” “Droids”), tablets (e.g.,
iPads) and other mobile electronic devices, or other
electronic social or industrial/business web-based media
(e.g., Facebook®, Twitter®, LinkedIn®
Instagram®, Snapchat®, Cluster); records, data,
reports, and queries derived from or residing in applications
and databases, data compilations from which information can
be derived, converted, or translated into reasonably usable
form; legacy media such as CDs, DVDs, magnetic tape,
microfiche, as well as audio tapes or recordings, or video
tapes or recordings.
“Native Format” means and refers to the format of
ESI in which it was generated and/or as used by the Producing
Party in the usual course of its business and in its
regularly conducted activities.
“Media” means an object or device, including but
not limited to a disc, tape, computer or other device,
whether or not in the Producing Party's physical
possession, on which data is or was stored.
ESI and paper documents are in your “constructive
possession, custody, care, or control” if they reside
physically or digitally on your premises, and also if they
reside at the facilities of or on the servers or other
devices of third parties such as “cloud”
providers, document storage facilities, back up sites, and
other entities with whom you contract to maintain or house
your ESI and paper documents.
“Producing Party” means or refers to a Party in
this matter from which production of ESI or paper documents
“Requesting Party” means or refers to a Party in
this matter seeking production of ESI or paper documents.
"The Parties" means or refers to ...