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.
Michael B. Phillips Brandon K. Moffitt Trevor Brent Townsend
Moffitt & Phillips, PLLC.
A. Hom Joseph A. Kronawitter Hom Aylward & Bandy, LLC.
Timothy Meyers Brian C. McCart Law Offices of Brian Timothy
S. McLean (pro hac vice) Joy O. Siu (pro hac vice) Sheppard,
Mullin, Richter & Hampton LLP.
Michael D. Barnes (88071) Wright, Lindsey & Jennings LLP.
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.
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:
(a) Paper Documents. Documents 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
(b) Electronically Stored Information. Except 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
(c) 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' control.
(d) Native Format Documents. "Native 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. Additionally, 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.
(e) Color. Documents 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 the same.
(f) Load File Structure. The Producing Party shall
produce a unitization file ("load file") for all
produced Documents in accordance with the following
• .opt file compatible with Concordance and Relativity
• Single page per image
• Single image per file
• TIFF format.
• Images shall be named as follows:
<Bates num>.<ext> Where <Bates num> is
the BATES number of the page, and <ext> is the format
• CSV file containing metadata fields agreed ...