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Collins v. City of Milwaukee

United States District Court, E.D. Wisconsin

May 9, 2017

CHARLES COLLINS, TRACY ADAMS, on behalf of her minor child, D.A., CALEB ROBERTS, STEPHEN JANSEN, GREGORY CHMABERS, and ALICIA SILVESTRE, Plaintiffs,
v.
THE CITY OF MILWAUKEE, THE MILWAUKEE FIRE AND POLICE COMMISSION, and CHIEF EDWARD FLYNN, Defendants.

          ORDER

          J.P. Stadtmueller U.S. District Judge

         On May 5, 2017, Defendants filed an unopposed motion for the entry of an order regarding the production of documents and electronic data. (Docket #15). The proposed order sets forth the parties' agreed-upon terms for the production of such materials. In light of the parties' agreement, and in order to expedite the production of discovery materials in this case, the Court will grant the motion.

         Accordingly, IT IS ORDERED that Defendants' unopposed motion for the entry of an order regarding the production of documents and electronic data (Docket #15) be and the same is hereby GRANTED; IT IS FURTHER ORDERED that the following procedures and formats, including those contained in Appendix 1 of this Order, shall govern the production of documents and electronic data in this matter unless otherwise ordered by the Court:

         1. General Format of Production. The parties agree to produce documents either (i) as electronic images with associated text files and metadata or (ii) in native format, as further described herein.

         2. ESI Production. The parties agree to produce Electronically Stored Information (“ESI”) with the exception of inaccessible storage media as described below. ESI will be searched on a custodian and search term basis, with appropriate Boolean and proximity operators, as well as date/time limitations, as described in Paragraph 13. With respect to production of ESI, the parties agree upon the following:

a. E-mail will be produced as image files with related searchable text and metadata (to the extent it exists).
b. Other electronic documents including word- processing documents, spreadsheets, presentations and all other electronic documents not specifically discussed elsewhere will be produced as image files with related searchable text and metadata (to the extent it exists) except for:
1. Excel files will be produced in native format with related searchable text and metadata (to the extent it exists). Where a party redacts a portion of an Excel spreadsheet, the parties will meet and confer regarding production of the document in Tagged Image File Format (“TIFFs” or “.tiff format”);
2. The parties will discuss any specialized databases that are responsive to the parties' requests and reach agreement on production before any such production;
3. The parties will discuss reasonable requests for production in native format on a document-by-document or category-by-category basis; and
4. The parties shall meet and confer on a production protocol for native files.

         3. Hard Copy (or Paper) Documents. The parties agree to produce hard-copy documents as image files with related OCR text to the extent such documents are converted into electronic format. At this time each party contemplates converting all hard-copy documents into electronic images for production purposes and agrees to address any exceptions with the other parties. The parties shall meet and confer to discuss documents that present imaging or formatting problems. To the extent exceptions to the foregoing are required, the parties will meet and confer to discuss alternative production requirements, concerns, or formats.

         4. Form and Manner of Production. All production document images will be provided as single-page Tagged Image File Format (“TIFFs” or “.tiff format”) compatible with commercially available document management software, such as Relativity or Concordance. All images generated from hard copy documents shall be scanned as black and white images at 300 d.p.i. resolution and shall be saved and produced in a Group 4 compression single-page “TIFF” format and reflect, without visual degradation, the full and complete information contained on the original document. All images generated from native electronic documents with the exception of source code, dynamic web pages, and web content, shall be saved electronically (or “printed”) in a Group 4 compression single-page “TIFF” image that reflects the full and complete information contained on the original document. The parties shall produce a “load file” that is compatible with a commercially available document management software, such as Relativity or Concordance, to accompany the images, which load file shall include information about where each document begins and ends to facilitate the use of the produced images through a document management or litigation support database system. The parties shall meet and confer to the extent reasonably necessary to facilitate the import and use of the produced materials with commercially available document management or litigation support software.

         5. Document Unitization. To the extent possible and on a going-forward basis, the parties will endeavor to apply unitization practices consistent with the following description. Each page of a hard copy document shall be scanned into an image and if a document is more than one page, the unitization of the document and any attachments shall be maintained as it existed in the original when creating the image file. For documents that contain fixed notes, the pages will be scanned both with and without the notes and those pages will be treated as part of the same document. The relationship of documents in a document collection (e.g., cover letter and enclosures, email and attachments, binder containing multiple documents, or other documents where a parent-child relationship exists between the documents) shall be maintained through the scanning or conversion process. If more than one level of parent-child relationship exists, documents will be kept in order, but all will be treated as children of the initial parent document. Such information shall be ...


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