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HCI Distribution, Inc. v. Peterson

United States District Court, D. Nebraska

June 5, 2019

HCI DISTRIBUTION, INC.; and ROCK RIVER MANUFACTURING, INC., Plaintiff,
v.
DOUGLAS PETERSON, Nebraska Attorney General; and TONY FULTON, Nebraska Tax Commissioner, Defendants.

          ORDER

          Susan M. Bazis United States Magistrate Judge.

         Plaintiffs 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.)

         The Parties' Stipulation (Filing No. 50) is approved and adopted.

         Accordingly, IT IS ORDERED.

         I. SCOPE

         A. General.

         The 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.

         B. Disputes.

         Before 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.

         II. DEFINITIONS

         A. “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).

         B. "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.

         C. “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.

         D. “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.

         E. 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.

         F. “Producing Party” means or refers to a Party in this matter from which production of ESI or paper documents is sought.

         G. “Requesting Party” means or refers to a Party in this matter seeking production of ESI or paper documents.

         H. "The Parties" means or refers to ...


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