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Bratton v. Hershey Co.

United States District Court, W.D. Missouri, Central Division

June 14, 2017

ROBERT BRATTON, Individually and on behalf of all others similarly situated in Missouri, Plaintiffs,
v.
THE HERSHEY COMPANY, Defendant.

          ORDER APPROVING ELECTRONIC DISCOVERY PROTOCOL

          NANETTE K. LAUGHREY United States District Judge.

         The parties move for approval of their stipulated and agreed electronic discovery protocol. Doc. 76. The motion is granted. As stipulated and agreed to by the parties, Docs. 76-1 and 76-2, the following technical specifications shall govern electronic discovery in this matter:

         1. General Provisions

A. The specifications set forth below will govern the collection and production of all documents and electronically stored information ("ESI") produced by the Parties during discovery in the above captioned action as a supplement to the Federal Rules of Civil Procedure ("FRCP") and any other applicable order and rules of the Court.
B. The parties are aware of the importance the Court places on cooperation and will continue to consult and cooperate reasonably as discovery proceeds.
C. The parties agree to identify appropriate limits to discovery, consistent with FRCP 26 and the Principles for the Discovery of Electronically Stored Information of the Western District of Missouri, including Principle 1.03, including limits on custodians, subject matter and time period to guide preservation and discovery. It shall be the obligation of producing party to propose such limitations sufficiently in advance of production dates so as to not delay any production.

         2. Sources of ESI

         A. Absent a showing of good cause, the following categories of ESI need not be preserved:

i. Unallocated, slack space, deleted data, file fragments, or other data accessible by use of computer forensics;
ii. Random access memory (RAM), temporary files, or other ephemeral data that is difficult to preserve;
iii. Data relating to online access, such as temporary Internet files, browser history, file or memory caches and cookies;
iv. Data in metadata fields that are frequently updated automatically as part of the usual operation of a software application, operating system or network (e.g., data last opened) provided, however, that such metadata as it exists at the time of preservation shall be retained, produced, and not altered by the production process unless it is separately preserved and produced with the relevant document;
v. Telephone or VOIP voice messages that are not regularly stored or saved, unless any such messages were otherwise stored or saved;
vi. Data stored on cell phones, mobile devices, excluding tablets that is more reasonably accessible elsewhere, provided that the alternative location is identified and the producing party shall produce such data from reasonably accessible sources along with documentation of the specific device on which it is also located, and the producing party shall do so without any additional request for production from the receiving party. Further, all such devices that were identified and that contain data that was not preserved shall be identified;
vii. Call history records maintained on mobile devices, cell phones or blackberries. The parties will continue to confer in good faith regarding the preservation and production of responsive telephone bills that contain such records. Such Files shall be preserved until there is an agreement otherwise.
viii. Operating system files, executable files, and log files (including web server, web services, system, network, application log files and associated databases, analysis output caches, and archives of such data). The parties will continue to confer in good faith regarding the preservation and production of log files, to the extent they exist, that may identify putative class members. Such Files shall be preserved until there is an agreement otherwise.
ix. Electronic data temporarily stored by laboratory equipment or attached electronic equipment, provided that such data is not ordinarily preserved as part of a report.

         B. Absent a showing of good cause, no party need restore any form of media upon which backup data is maintained in a party's normal or allowed processes, including but not limited to backup tapes, disks, SAN, and other forms of media, to comply with its discovery obligations in the present case. For the avoidance of doubt, CDs, DVDs or other media that ...


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