IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

MARSHALL DIVISION

COBBLESTONE WIRELESS, LLC §

§

v. §

§ 

SAMSUNG ELECTRONICS CO., LTD., § 

SAMSUNG ELECTRONICS AMERICA,

INC.

Case No. 2:23-cv-00285-JRG-RSP

E-DISCOVERY ORDER

The Court ORDERS as follows:

1. This order supplements all other discovery rules and orders. It streamlines Electronically 

Stored Information (“ESI”) production to promote a “just, speedy, and inexpensive 

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

2. This order may be modified in the court’s discretion or by agreement of the parties. To the 

extent the parties cannot resolve their disagreements regarding such modifications, the 

parties shall submit their competing proposals and a summary of their dispute.

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

reduce costs will be considered in cost-shifting determinations.

4. Absent agreement of the parties otherwise, any production of ESI shall include metadata, 

to the extent such metadata is applicable to an individual item and is already within the 

producing Party’s possession, custody, or control, showing an individual item’s:

A. Title;

B. Filename;

C. Creation date and time;

D. Modification date and time;

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E. Author;

F. Subject line;

G. Distribution list (e.g., “To,” “Cc,” and “Bcc” fields);

H. Date and time sent;

I. Date and time received;

J. Beg Bates;

K. End Bates.

5. Absent agreement of the parties or further order of this court, the following parameters 

shall apply to ESI production:

A. General Document Image Format. Each electronic document shall be produced 

in Portable Document Format (“PDF”) format or single page Tagged Image File 

Format (“TIFF”). To the extent an electronic document is produced in PDF format, 

each such electronic document shall be named with a unique production number 

followed by the appropriate file extension. To the extent an electronic document is 

produced in TIFF format, each such TIFF file shall be single page and shall be 

named with a unique production number followed by the appropriate file extension. 

If a document contains attachments (e.g., an attachment to an email), such 

attachments shall be separately produced. Load files shall be provided to indicate 

the location of produced electronic documents and unitization of the TIFF files, as 

applicable, identify any attachments to electronic documents through unitization 

information, and identify any metadata of produced electronic documents.

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B. Text-Searchable Documents. No party has an obligation to make its production 

text-searchable; however, if a party’s documents already exist in text-searchable 

format independent of this litigation, or are converted to text-searchable format for 

use in this litigation, including for use by the producing party’s counsel, then such 

documents shall be produced in the same text-searchable format at no cost to the 

receiving party. To the extent electronic documents are produced in PDF format, 

the producing party shall produce such documents in text-searchable PDF format.

C. Footer. Each page of any document produced in electronic image format shall 

contain a footer with a sequentially ascending production number.

D. Native Files. Documents that would not be reasonably legible in image or nearnative format, and documents that would be incomplete in image or near-native 

format, should be produced as native files. Examples of such documents include, 

without limitation, spreadsheets of more than a single page and documents, 

including for example PowerPoint files, containing tracked changes, comments, or 

notes that would not be visible in an image format. A party that receives a document 

produced in an image format may make a reasonable request to receive the 

document in its native format, and upon receipt of such a request, the producing 

party shall produce the document in its native format.

E. No Backup Restoration Required. 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.

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F. Voicemail and Mobile Devices. Absent a showing of good cause, voice-mails, 

PDAs and mobile phones are deemed not reasonably accessible and need not be 

collected and preserved.

6. General ESI production requests under Federal Rules of Civil Procedure 34 and 45, or 

compliance with a mandatory disclosure order of this court, shall not include e-mail or 

other forms of electronic correspondence (collectively “e-mail”). To obtain e-mail, parties 

must propound specific e-mail production requests, which the parties agree to revisit at a 

later time.

7. Pursuant to Federal Rule of Evidence 502(d), the inadvertent production of a privileged or 

work product protected ESI is not a waiver in the pending case or in any other federal or 

state proceeding.

8. The mere production of ESI in a litigation as part of a mass production shall not itself 

constitute a waiver for any purpose.

9. Except as expressly stated, nothing in this order affects the parties’ discovery obligations 

under the Federal or Local Rules.

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