On October 05, 2018 a
Order
was filed
involving a dispute between
Hill, Lisa,
and
Quaid Harley-Davidson, Inc. A California Corporation,
for Business Tort/Unfair Business Practice Unlimited
in the District Court of San Bernardino County.
Preview
iPE i C3 CC R CAl
t U iFC RId1A
COtlNTY
i
F 3AN kRi A t 3E O
a tE t iSTRtGT
w l f 01
l
s
6 THE SUPERIOR COURT FOR THE STATE OF CALIFORNIA
7 FOR THE CQUNTY OF SAN BERNARDINO
9 LISA HILL an individual on behalf af herself Case No CIV DS 1826573
the proposed elass es ali others similarly
10 situated and on behalf of the general public CLASS ACTION
1 Plaintiff fF E F4 j ESI ORDER
12 v Unlimited Civil Case
13 QUAID HARLEY DAVIDSON INC a Camplaint Filed 10 OS 2018
Cali fornia corporation and DOES l through 10 FAC Filed 3 4 20 19
14 inclusive SAC Filed SI22 2019
15 Defendants Assigned far all purposes ta the Hanorable
Wilfred J 5chneider
16
17
g Regarding California Code of Civil Procedure 2031 280 d and California Rule of Court
3 724 8 the information ESI IT IS
1
and
discavery production of electronically stored
20 HEREBY ordered that the following ESI protocal shall apply
1
1 All docurnents ar records that are maintained by the producing party exclusively on
paper and are nat rnaintained electronicaliy may be praduced either on paper or electronically
2 For documents or records that are maintained electronically by the producing party
23
24 r produced electronically even thaugh maintained on paper the parties agree to produce any such
25 documents by email or on CD ROM DVD external hard drive or such other readily accessible
6 computer or electronic media an which the parties may hereafter agree the production media
ach item of productian media shall
identify on the production media 1 who the producing
7
party is 2 the control number range on that production media and 3 the productian date
Zg
1
ESI ORDER
1 Notwithstanding the foregoing the parties may produce documents via SFTP or similarly secure
2 facility in which case the required production related information set forth in the preceding
3 sentence must be provided in a cover letter accompanying a party s instructions on how another
4 party can access its document production
5 3 All documents maintained electronically by the producing party shall be produced
6 in a format that is electronically searchable e g PDF or TIFF images delivered with associated
7 extracted text or OCR and if applicable appropriate load files for Concordance and or Relativity
8 4 PDF and or TIFF files shall be produced a in the highest resolution
Any all
9 possible i e the highest resolution dots per inch DPI maintained by the producing party such
10 that any images and text in such files including small print font shall be readily and easily
11 readable and discernible and b without any electronic restrictions ar locking and without
l2 disabling deactivating degrading immobilizing limiting eliminating and or hampering any
13 existing file capabilities and or functionality
14 5 All Microsoft Excel spreadsheets and PowerPoint files shall be produced in native
15 format without any electronic restrictions or locking and without altering disabling deactivating
16 degrading immobilizing limiting eliminating and or hampering any existing native file
17 capabilities and or functionality
18 6 For any ESI that exists in encrypted format or is password protected the producing
19 party shall undertake reasonable efforts to provide the receiving party a means to gain access to
20 the files The parties shall meet and confer in an effort to supply reasonably available passwords
21 and other information that will enable the receiving party to obtain access
22 7 If the requested ESI is maintained by the producing party in a database e g Menu
23 Link TALON and or any commercially available or party proprietary database the ESI shall be
24 produced by extracting the information from the database to Excel and shall be produced by the
25 producing party in a fully functioning Excel file In addition the requesting party reserves the
26 right to request production of the native file
27 8 Notwithstanding the foregoing the producing party may object to the production of
28 any electronic document or ESI in a particular format In addition the producing party need not
2
ESI ORDER
Document Filed Date
August 16, 2019
Case Filing Date
October 05, 2018
Category
Business Tort/Unfair Business Practice Unlimited
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iPE i C3 CC R CAl t U iFC RId1A COtlNTY i F 3AN kRi A t 3E O a tE t iSTRtGT w l f 01 l s 6 THE SUPERIOR COURT FOR THE STATE OF CALIFORNIA 7 FOR THE CQUNTY OF SAN BERNARDINO 9 LISA HILL an individual on behalf af herself Case No CIV DS 1826573 the proposed elass es ali others similarly 10 situated and on behalf of the general public CLASS ACTION 1 Plaintiff fF E F4 j ESI ORDER 12 v Unlimited Civil Case 13 QUAID HARLEY DAVIDSON INC a Camplaint Filed 10 OS 2018 Cali fornia corporation and DOES l through 10 FAC Filed 3 4 20 19 14 inclusive SAC Filed SI22 2019 15 Defendants Assigned far all purposes ta the Hanorable Wilfred J 5chneider 16 17 g Regarding California Code of Civil Procedure 2031 280 d and California Rule of Court 3 724 8 the information ESI IT IS 1 and discavery production of electronically stored 20 HEREBY ordered that the following ESI protocal shall apply 1 1 All docurnents ar records that are maintained by the producing party exclusively on paper and are nat rnaintained electronicaliy may be praduced either on paper or electronically 2 For documents or records that are maintained electronically by the producing party 23 24 r produced electronically even thaugh maintained on paper the parties agree to produce any such 25 documents by email or on CD ROM DVD external hard drive or such other readily accessible 6 computer or electronic media an which the parties may hereafter agree the production media ach item of productian media shall identify on the production media 1 who the producing 7 party is 2 the control number range on that production media and 3 the productian date Zg 1 ESI ORDER 1 Notwithstanding the foregoing the parties may produce documents via SFTP or similarly secure 2 facility in which case the required production related information set forth in the preceding 3 sentence must be provided in a cover letter accompanying a party s instructions on how another 4 party can access its document production 5 3 All documents maintained electronically by the producing party shall be produced 6 in a format that is electronically searchable e g PDF or TIFF images delivered with associated 7 extracted text or OCR and if applicable appropriate load files for Concordance and or Relativity 8 4 PDF and or TIFF files shall be produced a in the highest resolution Any all 9 possible i e the highest resolution dots per inch DPI maintained by the producing party such 10 that any images and text in such files including small print font shall be readily and easily 11 readable and discernible and b without any electronic restrictions ar locking and without l2 disabling deactivating degrading immobilizing limiting eliminating and or hampering any 13 existing file capabilities and or functionality 14 5 All Microsoft Excel spreadsheets and PowerPoint files shall be produced in native 15 format without any electronic restrictions or locking and without altering disabling deactivating 16 degrading immobilizing limiting eliminating and or hampering any existing native file 17 capabilities and or functionality 18 6 For any ESI that exists in encrypted format or is password protected the producing 19 party shall undertake reasonable efforts to provide the receiving party a means to gain access to 20 the files The parties shall meet and confer in an effort to supply reasonably available passwords 21 and other information that will enable the receiving party to obtain access 22 7 If the requested ESI is maintained by the producing party in a database e g Menu 23 Link TALON and or any commercially available or party proprietary database the ESI shall be 24 produced by extracting the information from the database to Excel and shall be produced by the 25 producing party in a fully functioning Excel file In addition the requesting party reserves the 26 right to request production of the native file 27 8 Notwithstanding the foregoing the producing party may object to the production of 28 any electronic document or ESI in a particular format In addition the producing party need not 2 ESI ORDER