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David B. Markowitz, OSB No. 742046 

DavidMarkowitz@MarkowitzHerbold.com 

Chad M. Colton, OSB No. 065774

ChadColton@MarkowitzHerbold.com 

Jeffrey M. Edelson, OSB No. 880407

JeffEdelson@MarkowitzHerbold.com 

MARKOWITZ HERBOLD PC 

1211 SW Fifth Avenue, Suite 3000 

Portland, OR 97204-3730 

Telephone: (503) 295-3085 

Fax: (503) 323-9105 

Brad D. Brian (admitted pro hac vice) 

brad.brian@mto.com 

Bruce A. Abbott (admitted pro hac vice) 

bruce.abbott@mto.com 

Zachary M. Briers (admitted pro hac vice) 

zachary.briers@mto.com 

Kevin L. Brady (admitted pro hac vice) 

kevin.brady@mto.com 

MUNGER, TOLLES & OLSON LLP 

350 South Grand Avenue 

Fiftieth Floor 

Los Angeles, CA 90071-3426 

Telephone: (213) 683-9100 

Fax: (213) 687-3702 

Attorneys for Defendant Sidley Austin LLP 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON, 

PORTLAND DIVISION 

LAWRENCE P. CIUFFITELLI, for himself 

and as Trustee of CUIFFITELLI 

REVOCABLE TRUST, et al., 

Plaintiffs, 

vs. 

DELOITTE & TOUCHE LLP, et al., 

Defendants. 

 Case No. 3:16-cv-00-580-AC 

STIPULATED ESI PROTOCOL 

Case 3:16-cv-00580-AC Document 261 Filed 09/19/17 Page 1 of 16
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The parties hereby stipulate to the following provisions regarding the discovery of 

electronically stored information (“ESI”) and production of documents in this matter: 

1. This Stipulation supplements all other discovery rules and orders. It 

streamlines ESI production to promote a “just, speedy, and inexpensive determination” of this 

action, as required by Federal Rule of Civil Procedure 1. 

2. This Stipulation may be modified for good cause. 

3. A party’s meaningful compliance with this Stipulation and efforts to promote 

efficiency and reduce costs will be considered in any cost-shifting determinations. Likewise, a 

party’s nonresponsive or dilatory discovery tactics will be considered in such cost-shifting 

determinations. 

4. After receiving a request for document production and agreeing or being ordered to 

produce such documents, the producing party shall conduct a reasonable and good faith search for 

responsive documents and ESI. 

5. With respect to ESI that the parties agree or are required to produce in this matter, 

including any further ESI required by the Court’s February 21, 2017 order (Dkt. No. 213), each 

producing party shall timely propose and attempt to reach agreement with the requesting party on 

the following search parameters: 

a. Sources and time frame. The sources of documents and files to be 

collected, searched and reviewed, as well as the time frame for any such documents and files. 

b. Custodians. The custodians from whom collection will occur, identified 

by name and title. 

c. Non-custodial data sources. A list of the non-custodial data sources, if 

any, containing non-duplicative discoverable information that will also be collected. 

d. Search terms. The search terms, if any, to be used to identify potentially 

relevant documents and files for review. 

6. In the absence of agreement on the search parameters in Paragraph 5, the producing 

party shall disclose, at the requesting party’s request, the parameters used for its search at or near 

the time of production. 

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7. Any agreement on search parameters under Paragraph 5 shall not (1) affect a 

producing party’s obligation (in responding to discovery requests) to produce ESI of which it is 

aware; (2) affect a requesting party’s right to seek discoverable ESI based on later discovery of 

additional facts indicating that agreed-upon search parameters were not sufficient to capture 

relevant ESI that is proportional to the needs of the case; and/or (3) limit a requesting party’s right 

to request that a producing party undertake targeted pulls for specific ESI that are proportional to 

the needs of the case. Notwithstanding the foregoing, the producing party reserves its right to 

object to any such additional requests. 

8. Nothing in this Stipulation shall modify the procedures for contesting a claim of 

privilege or work-product protection established in the Stipulated Protective Order in this matter 

(Dkt. No. 156). 

9. Pursuant to Federal Rule of Evidence 502(d) and the Stipulated Protective Order 

in this matter (Dkt. No. 156), the inadvertent production of a privileged or work product 

protected ESI is not a waiver in the pending case or in any other federal, state, or arbitration 

proceeding. 

10. The mere production of ESI in a litigation as part of a mass production shall 

not itself constitute a waiver for any purpose. 

11. The parties acknowledge that they have a common-law obligation to take 

reasonable and proportional steps to preserve discoverable information in the party’s possession, 

custody or control. 

12. Absent a showing of good cause by the requesting party, the parties shall not be 

required to modify the procedures used by them in the ordinary course of business to back-up and 

archive data; provided, however, that the parties shall preserve all discoverable ESI in their 

possession, custody or control. 

13. Absent a showing of good cause by the requesting party, the following categories 

of ESI need not be preserved or, if preserved, searched for purposes of production: 

a. Deleted, slack, fragmented, or other data only accessible by forensics. 

b. Random access memory (RAM), temporary files, or other ephemeral data 

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that are difficult to preserve without disabling the operating system. 

c. On-line access data such as temporary internet files, history, cache, 

cookies, and the like. 

d. Data in metadata fields that are frequently updated automatically, such as 

last-opened dates. 

e. Back-up and archival data that are substantially duplicative of data that are 

more accessible elsewhere. 

f. Server, system or network logs. 

g. Data remaining from systems no longer in use that is unintelligible on the 

systems in use. 

h. Logs of calls made from mobile devices. 

i. Server, system, or network logs. 

14. Absent a showing of good cause by the requesting party, the following categories 

of ESI need not be searched for purposes of production:1

a. Electronic data (e.g., email, calendars, contact data, and notes) sent to or 

from mobile devices (e.g., iPhone, iPad, Android, and Blackberry devices). 

b. Text messages, instant messages, and voice messages. 

c. Any ESI created after April 4, 2016. 

15. The parties need not preserve or produce drafts of expert reports (partial or 

complete), notes, and other evidence of communications with experts on the subject of the expert’s 

actual or potential testimony. 

16. The parties need not produce communications between counsel and expert 

witnesses, communications between an expert and others, including staff members, who work at 

the direction of the expert to support the expert, or drafts of expert reports. 

17. The parties agree to confer regarding the nature and scope of privilege logs for the 

case, including whether categories of information may be excluded from any logging requirements 

 

1

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categories identified in Paragraph 14. 

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and whether alternatives to document-by-document logs can be exchanged, including whether 

metadata and/or category logs would be appropriate. 

18. With respect to privileged or work-product information generated after the filing of 

the complaint, the parties are not required to preserve or produce such information, and are not 

required to include any such information in privilege logs. In addition, privileged or work-product 

information created by or on behalf of outside counsel and communications with litigation 

counsel, regardless of their date, do not need to be included on any privilege log. 

19. Absent special circumstances, the parties will prepare their production of 

documents in accordance with the agreed-upon specifications set forth in this Stipulation. If 

special circumstances require a party to materially deviate from the specifications set forth in this 

Stipulation, that party shall provide notice of the deviation at or promptly after the time of 

production.2

20. Documents in paper format that exist only in hard copy format and are therefore 

unavailable electronically should be produced as kept in the usual course of business (including 

any original folders, binders, covers or containers) with the following specifications: 

a. TIFFs. Hard copy documents should be produced in the form of singlepage, Group IV TIFFs at 300 dpi. Insofar as practicable, original documents containing color can 

be produced as single page, 300 dpi JPG images with JPG compression and a high quality setting 

as to not degrade the original image. Each TIFF or JPG image should be named as its 

corresponding Bates number. Original document orientation should be maintained (i.e., portrait to 

portrait and landscape to landscape). TIFF and JPG image files should be provided in a selfidentified “Images” folder. 

b. OCR Text Files. Optical Character Recognition (“OCR”) text files shall 

be provided as a single text file for each document, not one text file per page. Each file should be 

named with the beginning Bates number that is assigned to its corresponding document, followed 

by “.txt”. OCR text files should be provided in a self-identified “Text” directory. To the extent a 

 

2

 The parties reserve their rights to discuss additional technical issues relating to the form of 

production with the requesting party before making any such production. 

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document is redacted, OCR text files for such a document shall not contain text for redacted 

portions. The OCR software shall maximize text quality over process speed. For example, if 

available, settings such as “auto-skewing” and “auto-rotation” should be turned on during the 

OCR process. 

c. Database Load Files / Cross-Reference Files. Unless otherwise agreed to 

by the parties, documents should be provided with Concordance-compatible image and data load 

files (i.e., .OPT and DAT files) using standard Concordance delimiters. Concordance-compatible 

image and data load files (i.e., .OPT and DAT files) should be provided in a self-identified “Data” 

folder. 

d. Coding Fields. Absent special circumstances, documents should be 

produced with at least the following searchable information in accompanying delimited data files: 

BegBates; EndBates; BegAttach; EndAttach; Custodian; Confidentiality; Page Count; and 

TextLink. Entity/Departmental custodians should be identified with a description of the entity or 

department from which the data originated (e.g., Acme_SharedDrive). A producing party shall 

use a uniform description of a particular custodian across productions. Multiple custodians in the 

“Custodian” field shall be separated by a semicolon. 

e. Production Numbering. Each TIFF image should be assigned a production 

number that: (1) is unique across the entire document production; (2) maintains a constant length 

across the entire production (i.e., padded to the same number of characters); (3) contains no 

special characters or embedded spaces; and (4) is sequential within a given document. If a 

production number or set of productions numbers is skipped in a production, the producing party 

will so note in a cover letter or production log accompanying the production. 

f. Parent-Child Relationships. Absent special circumstances (e.g., claims of 

privilege or work product) or undue burden, Parent-child relationships (i.e., the association 

between an attachment and its parent document) should be preserved. For example, if a party 

produces a printout of an email with its attachments, such attachments should be produced behind 

the email in the order in which they were attached and identified as child documents to the parent 

email. 

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g. Folders. If a folder with documents is produced, the label of that folder 

should be scanned and produced along with the documents in the folder. 

h. Unitization of Documents. In general, the producing party shall make best 

efforts to ensure that scanned, hard copy documents are logically unitized. If the documents are 

not logically unitized, documents should be unitized based on physical boundaries (staples, clips 

etc.). 

21. Documents in electronic format should be produced with the following 

specifications: 

a. TIFFs. Documents should be produced in the form of single-page, Group 

IV TIFFs at 300 dpi. Each TIFF or JPG image should be named as its corresponding Bates 

number. Absent special circumstances or undue burden, original document orientation should be 

maintained (i.e., portrait to portrait and landscape to landscape). To the extent technically feasible 

without undue burden, TIFFS or JPGS will show all text and images which would be visible to the 

reader using the native software that created the document. For example, TIFFS of email 

messages should include the BCC line. PowerPoint documents shall be processed with hidden 

slides and all speaker notes unhidden, and shall be processed to show both the slide and the 

speaker’s notes on the image, and Word documents shall be processed to show tracked changes. 

TIFF and JPG image files should be provided in a self-identified “Images” folder. 

b. System/Program Files. Common system and program files as defined by 

the NIST library (which is commonly used by e-discovery vendors to exclude system and program 

files from document review and production) need not be processed, reviewed or produced. 

Common date file types (e.g., pdf’s, text and Word/Excel/PPT files and form email messages in 

program file paths on devices such as PC’s) also need not be processed, reviewed, or produced 

unless there is evidence that such files are user-created. 

c. De-Duplication. A party is only required to produce a single copy of a 

responsive document, and a producing party will de-duplicate responsive ESI across custodians 

using commercially acceptable e-Discovery software that utilizes either MD5 or SHA1 

cryptographic hash values to de-duplicate ESI (at the document (i.e., parent) level). Additionally, 

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(1) attachments to emails shall not be eliminated from their parent emails, (2) attachments to 

emails shall not be eliminated as duplicates of responsive non-email ESI, and (3) hard copy 

documents shall not be eliminated as duplicates of responsive ESI. Removal of near-duplicate 

documents is not acceptable. However, the parties may de-duplicate emails in such a way as to 

eliminate earlier or incomplete chains of emails and therefore produce only the most complete 

iteration of an email chain (“email thread suppression”). If a producing party utilizes such email 

thread suppression for its productions, it shall notify the receiving party of such use. The identity 

of the primary custodian must be listed in the “Custodian” field. Entity/Departmental custodians 

should be identified with a description of the entity or department from which the data originated 

(e.g., Acme_SharedDrive). A producing party shall use a uniform description of a particular 

custodian across productions. Multiple custodians in the “Custodian” field shall be separated by a 

semicolon. If de-duplicated copies are removed from a production because they are exact 

duplicates of previously produced documents, a metadata overlay DAT file updating any 

Custodian field values for the already produced document should be provided at reasonable 

intervals. 

d. Parent-Child Relationships. Absent special circumstances (e.g., claims of 

privilege or work product) or undue burden, parent-child relationships (i.e., the association 

between an attachment and its parent document) should be preserved. 

e. Metadata Fields and Processing. Absent special circumstances, each of the 

metadata and coding fields set forth in Appendix 1 that can be extracted from a document shall be 

produced for that document, to the extent already in existence and reasonably accessible. To the 

extent that metadata does not exist, is not reasonably accessible, or would present an undue burden 

to produce, nothing in this ESI Protocol shall require any party to extract, capture, collect or 

produce such data. Nor shall any party have an affirmative obligation to research or track down 

any alleged issues in connection with the metadata fields in Appendix 1, absent a clear and 

convincing showing of relevance of the underlying data. The parties are not obligated to populate 

manually any of the fields in Appendix l if such fields cannot be extracted from a document, with 

the exception of the following fields (which may be populated by the party or the party’s vendor): 

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(l) BegBates; (2) EndBates; (3) BegAttach; (4) EndAttach; (5) Custodian; (6) Confidentiality; (7) 

TextLink; and (8) NativeLink (if applicable). 

f. Extracted Text Files. For each document, an extracted text file should be 

provided along with its corresponding TIFF image file(s) and metadata. The file name of each 

extracted text file should be identical to that of the first image page of its corresponding document, 

followed by “.txt”. File names should not contain any special characters or embedded spaces. 

The text of native files should be extracted directly from the native file. However, if a document 

has been redacted, OCR of the redacted document will suffice in lieu of extracted text. 

g. Database Load Files / Cross-Reference Files. Unless otherwise agreed to 

by the parties, documents should be provided with Concordance-compatible image and data load 

files (i.e., .OPT and DAT files) using standard Concordance delimiters. Concordance-compatible 

image and data load files (i.e., .OPT and DAT files) should be provided in a self-identified “Data” 

folder. 

h. Native Files. Absent special circumstances, Excel files and/or .csv files 

should be produced in native format (“Native Files”). Native Files should be provided in a selfidentified “Native” directory. Each Native File should be produced with a corresponding singlepage TIFF placeholder image, which will contain language indicating that the document is being 

produced as a Native File and will include the assigned bates number and confidentiality 

designation, if any. Native Files should be named with the beginning Bates number that is 

assigned to that specific record in the production. A “NativeLink” entry for each Native File 

should be included in the DAT load file indicating the relative file path to each Native File on the 

production media. Native Files should be produced with extracted text and applicable metadata 

fields as set forth in Appendix 1. For documents that require redactions, the parties may apply the 

redactions directly on the native file itself, but shall also produce TIFF image files with burned in 

redactions. If a Native File is used at a deposition or hearing in this Action, or attached to a 

motion or other filing, it shall be accompanied by its production number-stamped placeholder 

TIFF image in order to facilitate tracking and authentication thereof. 

i. Structured Data. To the extent responding to a discovery request requires 

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production of ESI contained in a database, the producing party may query the database for 

discoverable information and generate and produce a report in a reasonably usable and exportable 

electronic format (e.g., in Excel or .csv format). The first line of each such file will, to the extent 

possible, show the column headers for each field of data included. The parties shall meet and 

confer to finalize the appropriate data extraction and production format for specific information 

contained in a database. 

j. Audio and Video Files. Audio and video files, to the extent their contents 

can be determined to be responsive, will be produced in a reasonably usable form as may be 

agreed upon by the parties along with a slip-sheet TIFF placeholder image to the extent the file 

gets produced in native form. 

k. Requests for Other Native Files. Other than as specifically set forth above, 

a producing party need not produce documents in native format. If good cause exists for the 

receiving party to request production of certain documents in native format, the receiving party 

may request production in native format by providing: (1) a list of the Bates numbers of 

documents it requests to be produced in native format; and (2) an explanation of the need for 

reviewing such documents in native format. The producing party shall not unreasonably deny 

such requests. Each document produced in response to such requests shall be produced with a 

“NativeLink” entry in the DAT load file indicating the relative file path to each Native File on the 

production media and all extracted text and applicable metadata fields set forth in Appendix 1. 

l. Confidentiality Designations. If a receiving party reduces to hard copy 

form Native Files or other ESI designated “Confidential,” it shall mark the hard copy with the 

appropriate designation and so indicate in a “Confidential” metadata field. 

m. Color. Documents containing color need not be produced in color in the 

first instance. However, if good cause exists for the receiving party to request production of 

specific documents in color, the receiving party may request production of such documents in 

color by providing (1) a list of the Bates numbers of documents it requests to be produced in color 

format; and (2) an explanation of the need for production in color format. The producing party 

shall not unreasonably deny such requests. 

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n. Encryption. To maximize the security of information in transit, any media 

on which documents are produced may be encrypted by the producing party. In such cases, the 

producing party shall transmit the encryption key or password to the requesting party, under 

separate cover, contemporaneously with sending the encrypted media. 

o. Password Protected Files. The producing party shall make best efforts 

either to (1) produce to the receiving party passwords or any other security protection for locked 

ESI documents, or (2) remove security protections from the ESI documents and produce a copy 

without the security protections. For good cause, a receiving party reserves the right to discover 

information regarding the security protection as to any ESI documents that are produced. 

22. A party that issues a non-party subpoena shall include a copy of this Stipulation 

with the subpoena and request that the non-party produce documents in accordance with the 

specifications set forth herein. If a party issued a non-party subpoena prior to the execution of this 

Stipulation, and the non-party has not yet finished producing documents in response to the 

Subpoena, that party shall promptly forward a copy of this Stipulation to the non-party and request 

that the non-party produce documents in accordance with the specifications set forth herein. 

23. The issuing party is responsible for producing any documents obtained pursuant to 

a subpoena to all other parties. To the extent practical given the data volume, productions by a 

non-party shall be produced by the issuing party to all other parties within 14 days of the nonparty’s production to the issuing party. Reproductions or productions acquired from third parties 

may be produced in the electronic format that they were originally produced or received from the 

third party, and need not otherwise be produced in accordance with the terms of this Stipulation. 

If a third party produced documents without production numbers, then the party who sought 

discovery from the third party shall produce the reproduction or production with a unique 

production number. 

24. Nothing in this Stipulation is intended to or should be interpreted as narrowing, 

expanding, or otherwise affecting the rights of the parties or third parties to object to a subpoena. 

25. Nothing in this Stipulation shall be interpreted to require disclosure of irrelevant 

information or relevant information protected by the attorney-client privilege, work product 

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doctrine, or any other applicable privilege or immunity. The parties do not waive any objections 

as to the production, discoverability, admissibility, or confidentiality of documents and ESI. All 

productions are subject to the Stipulated Protective Order entered by the Court in this action 

(Dkt.No. 156). 

26. Nothing in this Stipulation shall be construed to affect the discoverability or 

admissibility of any document (including ESI). 

27. The parties shall make good-faith efforts to comply with and resolve any 

differences concerning compliance with this Stipulation. If a producing party, notwithstanding its 

good-faith efforts, cannot substantially comply with any material aspect of this Stipulation or if 

compliance with such material aspect would be unreasonable, such party shall inform the 

receiving party in writing as to why compliance with the Stipulation is impossible or unreasonable 

as soon as reasonably practicable. No party may seek relief from the Court concerning a dispute 

over compliance with the Stipulation unless it has conferred with the other parties to the litigation 

that are directly involved in such dispute. 

28. Pursuant to Fed. R. Civ. P. 5(b)(2)(E), the parties agree to service by email instead 

of personal service or service by U.S. Mail. 

29. Nothing in this Stipulation shall affect, in any way, a producing party’s right to 

seek reimbursement for costs associated with collection, review, and/or production of documents 

or ESI. 

30. Nothing in this Stipulation shall preclude the parties from meeting and conferring 

regarding applicable search terms, date ranges, custodians, and other parameters or methods to be 

used to cull data for review and production, including the use of technological solutions such as 

intelligent review or predictive coding. 

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SO STIPULATED AND SUBMITTED BY: 

GARVEY SCHUBERT BARER STOLL STOLL BERNE LOKTING & 

SHLACHTER P.C. 

By: s/ Timothy S. DeJong 

Robert C. Weaver, Jr., OSB No. 801350 

Gary I. Grenley, OSB No. 751380 

 Keith A. Ketterling, OSB No. 913368 

Timothy S. DeJong, OSB No. 940662 

121 SW Morrison St., 11th Fl. 

Portland, OR 97204 

Tel.: (503) 228-3939 

Email: rweaver@gsblaw.com 

 ggrenley@gsblaw.com 

 ptrinchero@gsblaw.com 

-And209 SW Oak St., Suite 500 

Portland, OR 97204 

Tel: (503) 227-1600 

Email: kketterling@stollberne.com 

 tdejong@stollberne.com 

-And- 

 

LATHAM & WATKINS HAGENS BERMAN SOBOL & SHAPIRO LLP 

By: s/ Gavin M. Masuda 

Peter A. Wald, pro hac vice 

Gavin M. Masuda, pro hac vice 

 Steve W. Berman, pro hac vice 

Karl P. Barth, pro hac vice 

505 Montgomery Street, Suite 2000 

San Francisco, CA 94111-6538 

Tel: (415) 391-0600 

Email: peter.wald@lw.com 

 gavin.masuda@lw.com 

Attorneys for Defendant Deloitte & Touche 

LLP 

1918 Eighth Avenue, Suite 3300 

Seattle, WA 98101 

Tel: (206) 623-7292 

Email: steve@hbsslaw.com 

 karlb@hbsslaw.com 

-AndK & L GATES LLP SAMUELS YOELIN KANTOR LLP 

By: s/ Philip S. Van Der Weele

Philip S. Van Der Weele, OSB No. 863650 

B. John Casey, OSB No. 120025 

One SW Columbia St., Suite 1900 

Portland, OR 97258 

Tel: (503) 228-3200 

Email: phil.vanderweele@klgates.com 

 John.casey@klgates.com 

 Robert S. Banks, Jr., OSB No. 821862 

Darlene D. Pasieczny, OSB No. 124172 

111 SW 5th Ave., Suite 3800 

Portland, Oregon 97204-3642 

Tel.: (503) 226-2966 

Fax: (503) 222-2937 

Email: bbanks@samuelslaw.com 

 darlenep@samuelslaw.com 

Attorneys for Tonkon Torp LLP 

Attorneys for Plaintiffs 

Case 3:16-cv-00580-AC Document 261 Filed 09/19/17 Page 13 of 16
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STIPULATED ESI PROTOCOL 

THE FERRANTI FIRM LLC MARKOWITZ HERBOLD PC 

By: s/ William P. Ferranti

William P. Ferranti, OSB No. 160069 

1819 SW 5th Avenue, Suite 403 

Portland, OR 97201 

 David B. Markowitz, OSB No. 742046 

Jeffrey M. Edelson, OSB No. 880407 

Tel: (503) 877-9220 

Email: wpf@ferrantiappeals.com 

3000 Pacwest Center 

1121 SW Fifth Avenue 

Portland, OR 97204 

Tel: (503) 295-3085 

Email: davidemarkowitz@markowitzherbold.com 

 jeffedelson@markowitzherbold.com 

-And- -AndWINSTON & STRAWN LLP MUNGER, TOLLES & OLSON LLP 

By: s/ Kevin L. Brady 

Linda T. Coberly, pro hac vice 

Catherine W. Joyce, pro hac vice 

Joanna Rubin Travalini, pro hac vice 

35 West Wacker Drive 

Chicago, IL 60601 

Tel: (312) 558-5600 

Email: lcoberly@winston.com 

 cjoyce@winston.com 

 jtravalina@winston.com 

 Bruce A. Abbott, pro hac vice 

Brad D. Brian, pro hac vice 

Zachary M. Briers, pro hac vice 

Kevin L. Brady, pro hac vice 

350 S. Grand Avenue, 50th Floor 

Los Angeles, CA 90071 

Tel: (213) 683-9100 

Email: bruce.abbott@mto.com 

 brad.brian@mto.com 

 zachary.briers@mto.com 

 kevin.brady@mto.com 

Attorneys for Defendant Eisner Amper LLP

Attorneys for Defendant Sidley Austin LLP 

LANE POWELL PC 

HART WAGNER LLP 

By: s/ Peter D. Hawkes

Milo Petranovich, OSB No. 813376 

Peter D. Hawkes, OSB No. 071986 

Sree Vamshi C. Reddy, OSB No. 140560 

601 SW Second Avenue, Suite 2100 

Portland, OR 97204-3158 

Tel: (503) 778-2114 

Email: petranovichm@lanepowell.com 

 hawkesp@lanepowell.com 

 reddyv@lanepowell.com 

 Matthew J. Kalmanson, OSB No. 041280 

Lindsay H. Duncan, OSB No. 120974 

1000 SW Broadway, Suite 2000 

Portland, OR 97205 

Tel: (503) 222-4499 

Email: mjk@hartwagner.com 

 lhd@hartwagner.com 

Attorneys for Integrity Bank & Trust 

-AndCase 3:16-cv-00580-AC Document 261 Filed 09/19/17 Page 14 of 16
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STIPULATED ESI PROTOCOL 

HARRANG LONG GARY RUDNICK 

P.C. 

SUTHERLAND ASBILL & BRENNAN LLP 

By: s/ Sharon A. Rudnick By: s/ Nicholas T. Christakos

Sharon A. Rudnick, OSB No. 830835 

360 E. 10th Avenue, Suite 300 

Eugene, OR 97401-3273 

Tel: (541) 485-0220 

Email: sharon.rudnick@harrang.com 

 Bruce M. Bettigole, pro hac vice 

Gail L. Westover, pro hac vice 

Nicholas T. Christakos, pro hac vice 

700 Sixth St., Suite 700 

Washington, DC 20001 

Tel: (202) 383-0100 

Email: bruce.bettigole@sutherland.com 

 gail.westover@sutherland.com 

 nicholaschristakos@sutherland.com 

Attorneys for Duff & Phelps, LLC 

 Dated: September 19, 2017

Attorneys for TD Ameritrade, Inc. 

Case 3:16-cv-00580-AC Document 261 Filed 09/19/17 Page 15 of 16
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STIPULATED ESI PROTOCOL 

APPENDIX 1 

ESI Metadata and Coding Fields

Field Description 

BegBates Beginning document number 

EndBates Ending document number 

BegAttach Beginning document number of family unit 

End Attach Ending document number of family unit 

Custodian All individuals from whom the document or a duplicate 

AttachmentCount Number of attached documents (not including parent) 

Author Author field extracted from the metadata of the native file 

To All recipients who were included on the “To” line of the e-mail 

From Sender of the e-mail 

CC All recipients who were included on the “CC” line of the e-mail

BCC All recipients who were included on the “BCC” line of the eEmail Subject Email subject field extracted from the metadata of the native 

SentDate/Time Date and time the email was sent 

ReceivedDate/Time Date and time the email was received 

DateLastModified Date document was last edited 

FileType “Mail” or “attachment” or “individual file” 

FileExtension File extension of the document 

FileName Name of the original file extracted from the metadata of the 

FileSize File size in kilobytes (MB, KB, GB) 

Title Any value populated in the “Title” field of the document 

TextLink Relative file path to the text file for each document 

NativeLink Relative file path to each native file on the production media 

Hash Value MD5 or SHA-1 Hash Value, unique document identifier 

Confidentiality The designated level of confidentiality pursuant to the 

Case 3:16-cv-00580-AC Document 261 Filed 09/19/17 Page 16 of 16