United States District Court, E.D. Arkansas, Western Division
MARIAN J. MENSIE, on behalf of herself and on behalf of all others similarly situated, Plaintiff,
TOYOTA MOTOR CREDIT CORP., Defendant.
PLAINTIFFS: Michael B. Phillips Brandon K. Moffitt Trevor
Brent Townsend Moffitt & Phillips, PLLC, Robert A. Hom
Joseph A. Kronawitter Hom Aylward & Bandy, LLC Brian
Timothy Meyers Brian C. McCart
DEFENDANTS: Anna S. McLean (pro hac vice) Joy O. Siu (pro hac
vice) Sheppard, Mullin, Richter & Hampton LLP Michael D.
Barnes (88071) Wright, Lindsey & Jennings LLP Robert L.
Jones, III Vicki Bronson Conner & Winters, LLP
AGREED DOCUMENT PRODUCTION PROTOCOL
Definitions and Scope.
following protocol shall control the production of
discoverable documents and electronically stored information
(collectively, "Documents"). As used in this
protocol, the term Document(s) shall have the same meaning as
used in the Federal Rules of Civil Procedure. The term
"Receiving Party" shall mean the party receiving
production of Documents in response to any request for
production of document(s) pursuant to Fed.R.Civ.P. 34 or
pursuant to initial production of documents identified in the
party's Rule 26(a) disclosures. "Producing
Party" shall mean the party producing Documents in
response to any request for production of documents pursuant
to Rule 34 or pursuant to initial production of documents
identified in the party's Rule 26(a) disclosures.
General Format of Production.
Subject to the provisions of paragraph 3, Documents that are
produced in these proceedings, whether originally stored in
paper or electronic form, shall be produced in electronic
image form in the manner as described below.
shall be produced according to the following formats:
that are maintained in paper format shall be scanned as black
and white images at 300 d.p.i., in a Group 4 compression
single-page Tagged Image File Format ("TIFFs" or
".tiff format") and reflect the full and complete
information contained in the original Document unless a
document is redacted, in which case the Producing Party shall
withhold the redacted text for that Document.
Electronically Stored Information.
as provided in Paragraph 3(d) below, document images from
electronic Documents shall be generated in a Group 4
compression single-page "TIFF" image. In the event
a Document is redacted, the Producing Party shall withhold
the redacted text for that Document. The failure to withhold
such text for a redacted document by a Producing Party shall
not be deemed a waiver of the privilege associated with that
Resolution of Production Issues.
Documents that cannot be read because of imaging or
formatting problems shall be promptly identified by the
Receiving Party. The Producing Party and the Receiving Party
shall meet and confer to attempt to resolve problem(s), to
the extent the problem(s) are within the Parties'
Native Format Documents.
Format Documents" (or "Native Format") are
defined as electronic Documents that have an associated file
structure defined by the creating application.
Notwithstanding the foregoing provisions of this paragraph,
the parties recognize that it may be appropriate for certain
Documents to be produced in Native Format.
the Producing Party reserves the right in the first instance
to produce certain files (e.g., spreadsheets) in
native format. After receipt of the production, if the
Requesting Party believes in good faith that certain
documents should be produced in native format, it may request
native format production. In that event, the Receiving Party
and the Producing Party will meet and confer to discuss
alternative production requirements, concerns, formats,
methods and/or cost sharing. All redacted documents shall be
produced in TIFF format and the Producing Party does not need
to produce in Native Format a document that was redacted and
produced in TIFF format.
shall be produced in black and white in the first instance.
If a produced Document contains color and that color is
necessary to decipher the meaning, context, or content of the
document, the Producing Party shall honor reasonable requests
for either the production of the original Document for
inspection and copying or production of a color image of the
Document. The Producing Party will pay the cost for the
production of a reasonable number of color images to be
decided by the Parties after meeting and conferring regarding
Load File Structure.
Producing Party shall produce a unitization file ("load
file") for all produced Documents in accordance with the
• .opt file compatible with Concordance and Relativity
• Single page per image
• Single image per ...