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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

ENERGY INTELLIGENCE GROUP, INC. 

and ENERGY INTELLIGENCE GROUP 

(UK) LIMITED, 

Plaintiffs

and Counterclaim Defendants,

v.

EXELON GENERATION CO.,

Defendant

and Counterclaim Plaintiffs.

Civil Action No. 1:20-cv-03983

Honorable Joan B. Gottschall

Magistrate Judge Heather K. McShain

STIPULATION AND ORDER 

REGARDING ELECTRONIC 

DISCOVERY

Plaintiffs and Counterclaim Defendants Energy Intelligence Group, Inc. and Energy 

Intelligence Group (UK) Limited and Defendant and Counterclaim Plaintiff Exelon Generation 

Co. have indicated that they believe that relevant information may exist or be stored in electronic 

format, and that this content is potentially responsive to current or anticipated discovery requests 

of the parties. This Stipulation and [Proposed] Order (and any subsequent ones) shall be the 

governing document(s) by which the parties and the Court manage the electronic discovery process 

in this action. The parties and the Court recognize that this Stipulation and [Proposed] Order is 

based on facts and circumstances as they are currently known to each party, that the electronic 

discovery process is iterative, and that additions and modifications to this Stipulation may become 

necessary as more information becomes known to the parties.

1. Production of ESI

a. TIFFs. Documents not produced in native format should be produced in 

the form of single-page, Group IV TIFFs at 300 dpi. Each TIFF image should be 

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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). Document shall be processed and produced, to the 

extent practicable, in a manner that preserves hidden columns or rows, hidden text, 

worksheets, speaker notes, tracked changes, and comments. Bates numbers, 

confidentiality designations, and redactions should be incorporated into the TIFF 

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

folder.

b. System Files. Common system and program files as defined by the NIST 

library (which is commonly used by discovery vendors to exclude system and 

program files from document review and production) need not be processed, 

reviewed or produced. NIST files should be removed before production.

c. Metadata Fields and Processing. Absent special circumstances, each of 

the metadata and coding fields set forth below that can be extracted from a 

document shall be produced for that document, to the extent already in existence. 

To the extent that metadata does not exist, nothing in this document shall require 

any party to extract, capture, collect or produce such data. The parties are not 

obligated to populate manually any of the fields if such fields cannot be extracted 

automatically from a document using standard processing software, with the 

exception of the following fields: (1) BegBates, (2) EndBates, (3) BegAttach, 

(4) EndAttach, (5) Confidentiality Designation (“Confidential” under the Parties’ 

Protective Order), (6) NativeLink (if applicable), and (7) TextLink, which may be 

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populated by the party or the party’s vendor. Any metadata fields for redacted 

documents that would reveal privileged information shall be excluded.

Custodian Individual from whom the produced document was

collected

All Custodians Individuals who had exact copies of the email 

message (Required if population was globally 

deduplicated) 

BegBates Beginning document number

EndBates Ending document number

BegAttach Beginning document number of family unit

EndAttach Ending document number of family unit

Page Count Total number of pages in the document

Attachment Count Number of attachments

Author Author field extracted from the metadata of the 

native file

Recipient Persons who received the document if there is 

applicable metadata

FROM Sender of the email message

TO Recipient(s) of the email message 

CC Recipient(s) of “carbon copies” of the email 

message

BCC Recipient(s) of “blind carbon copies” of the email 

message

Subject Subject field extracted from the metadata of the 

native file

Date Sent Date the email message was sent

Time Sent Time the email message was sent

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DateLastModified Date document was last edited

TimeLastModified Time document last edited

Source File Extension File extension of document (.msg, .doc, .xls, etc.)

File Name Name of original file

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

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

document properties

Redaction Redaction status of a document

Hash Value MD5 Hash Value, unique document identifier

NativeLink Link to Native File

TextLink Link to Text File

Creation Date and Time Date and Time created for non-email document

All date fields should be in the MM/DD/YYYY format and all time fields should 

be in HH:MM:SS.

d. 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, confidentiality designations 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. Also, if extracted text is not available in the native file, the 

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documents should be processed by an OCR tool prior to production to extract 

available text so that the record is searchable. 

e. Database Load Files/Cross-Reference Files. 

i. Plaintiffs’ Request - Documents should be provided to EIG with Access 

Data Summation Pro-compatible image and data load files 

(i.e.,.OPT, .DAT, .CSV, and .DII files) using standard Summation 

delimiters.

ii. Defendant’s Request – Documents should be provided to Defendant

with Group IV single-page TIFF (300 DPI) images with corresponding 

multi-page text with a load file in a Concordance standard load format 

(i.e., .OPT, .DAT) with standard Concordance delimiters.

f. Native Files. Absent special circumstances, non-redacted Excel files, .CSV 

files and other similar spreadsheet files shall be produced in native format (“Native 

Files”). Native Files should be provided in a self-identified “Natives” directory. 

Each Native File should be produced with a corresponding single-page TIFF 

placeholder image, which will contain language indicating that the document is 

being produced as a Native File. For documents that require redactions, the Parties 

may apply the redactions directly on the native file itself. 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 spreadsheet 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 

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applicable metadata fields as set forth in part c. above. 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.

g. Requests for Other Native Files. Other than as specifically set forth 

herein, 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 in writing: (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 part c. above.

Documents that a party may request be produced in native format include, without 

limitation, emails, Microsoft office suite files, and other similar word processing 

files. 

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

production of relevant and responsive ESI contained in a database, the producing 

party may comply with the discovery request by querying the database and 

generating a report (“Structured Data Report”) in a reasonably usable and

exportable electronic format (for example, in Excel or CSV format). To the extent 

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available and reasonably accessible, the first line in the Structured Data Report will 

show the column headers for each field of data included in the Structured Data 

Report. Unless good cause exists, the parties have no obligation to provide a 

supplemental report for records and information post-dating the extraction of the 

Structured Data Report.

i. 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 certain documents in color, the receiving party may request 

production of such documents in color by providing in writing: (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, unless such requests are unreasonably costly. 

j. Parent-Child Relationships. Parent-child relationships (the association 

between e-mails and attachments) will be preserved to the extent possible and as it 

existed in the ordinary course of business. E-mail attachments will be 

consecutively produced with the parent e-mail record. For example, if a party 

produces an e-mail with its attachments, such attachments should be produced 

behind the e-mail in the order in which they were attached.

k. 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 alone with a slip-sheet TIFF placeholder 

image to the extent the file gets produced in native form.

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

form any Native Files or other ESI designated as Confidential, it shall mark the 

hard copy with the appropriate confidentiality designation.

2. Production of Hard Copy Documents

a. Creation and production of electronic copy. A party may produce a hard 

copy document by scanning it to create an electronic copy and producing such 

electronic copy in accordance with the requirements of Sections 1.a and 1.d. Absent 

special circumstances, such documents should be produced with at least the 

following searchable information in accompanying delimited data files: (1) 

BegBates, (2) EndBates, (3) Confidentiality Designation (under the Parties’ 

Protective Order), and (4) TextLink. The receiving party should treat such 

document in accordance with Section 1.l.

b. Folders. If a folder with hard copy documents is produced, the label of that 

folder should be scanned and produced along with the responsive electronic copies 

of documents in the folder.

c. Unitization of Documents. In general, scanned, hard copy documents 

should be logically unitized. If the documents are not logically unitized, documents 

should be unitized based on physical boundaries (staples, clips, etc.).

3. Bates Numbering

Each TIFF image should be assigned a Bates 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 

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embedded spaces; and (4) is sequential within a given document. If a Bates number or set 

of Bates numbers is skipped in a production, the producing party will so note in a cover 

letter or production log accompanying the production. 

4. De-Duplication

A party is required only to produce a single copy of a responsive document, and a 

producing party may, but is not required to, de-duplicate responsive ESI across custodians 

by the use of MD5 or SHA-1 hash values at the document family level. However hardcopy documents shall not be eliminated as duplicates of responsive ESI. 

5. Shipment/Encryption

Electronic data productions may be shipped on CDs, DVDs or hard drives or 

transferred through File Transfer Protocol (“FTP”). The physical media label should 

contain the case name and number, confidentiality designation, production date, and Bates 

range being produced, or such information shall otherwise be provided in connection with 

an FTP transfer. 

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. The encryption program used for 

production media should be one that is readily available and would not create delays 

accessing the encrypted data.

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6. Password Protected Files. 

The parties will make reasonable efforts to remove passwords or other security 

protection from ESI documents prior to production.

7. Processing of Third-Party Documents

A party that issues a non-party subpoena (“Issuing Party”) shall include a copy of 

this Stipulation with the subpoena and state that the parties to the litigation have 

requested that third-parties produce documents in accordance with the specifications set 

forth herein. The Issuing Party shall promptly produce any documents obtained pursuant 

to a non-party subpoena to the opposing party in the formats which were provided by the 

third party. The Issuing Party is under no obligation to incur any additional cost to reformat any document obtained from a third party prior to production. 

8. Objections Preserved

Nothing in this ESI Order shall be interpreted to require disclosure of irrelevant 

information or relevant information protected by the attorney-client privilege, workproduct 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/or ESI. 

9. Miscellaneous Provisions

Except as to the formatting for production agreed to herein, all documents 

(electronic or otherwise) shall be produced as kept and maintained by the producing party 

in the ordinary course of business. 

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The parties shall make good faith efforts to comply with and resolve any differences 

concerning compliance with these specifications. No party may seek relief from the Court 

concerning compliance with these specifications unless it has conferred with other affected 

parties.

Nothing in these specifications shall be interpreted to require disclosure of material 

protected by the attorney-client privilege, work-product 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. All productions are subject 

to the Protective Order entered by the Court in this Action. 

Nothing in these specifications shall preclude the parties from meeting and 

conferring regarding applicable search terms, date ranges, custodians, and other 

parameters or methods used to cull data for review and production. Nothing in these 

specifications shall preclude the parties from meeting and conferring on the use of 

technological solutions to assist in the review of documents, such as intelligent review or 

predictive coding.

Dated: July 20, 2021

SO ORDERED

____________________________________

Magistrate Judge Heather K. McShain

United States District Court

Northern District of Illinois, Eastern Division

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The parties to this Action hereby stipulate to the entry of this Order.

Respectfully submitted,

By: /s/ Stephen M. Ankrom 

Robert L. Powley (admitted pro hac vice)

rlpowley@powleygibson.com

James M. Gibson (admitted pro hac vice)

jmgibson@powleygibson.com

Stephen M. Ankrom (admitted pro hac vice)

smankrom@powleygibson.com

POWLEY & GIBSON, P.C.

60 Hudson Street, Suite 2203

New York, New York 10013

Telephone: (212) 226-5054

Facsimile: (212) 226-5085

and

Binal J. Patel

bpatel@bannerwitcoff.com

Katherine Laatsch Fink

kfink@bannerwitcoff.com 

BANNER & WITCOFF, LTD.

71 South Wacker Drive

Suite 3600

Chicago, IL 60606

Telephone: (312) 463-5000

Facsimile: (312) 463-5001

Counsel for Plaintiffs and Counterclaim 

Defendants Energy Intelligence Group, Inc. and 

Energy Intelligence Group (UK) Limited

By: /s/ Louis A. Klapp

Sondra A. Hemeryck 

Rodney Perry 

Louis A. Klapp 

Rachel F. Sifuentes 

RILEY SAFER HOLMES & 

CANCILA LLP 

70 W. Madison, Suite 2900 

Chicago, Illinois 60602 

Phone: (312) 471-8700 

Fax: (312) 471-8701 

shemeryck@rshc-law.com 

rperry@rshc-law.com 

lklapp@rshc-law.com 

rsifuentes@rshc-law.com 

Attorneys for Defendant and 

Counterclaim Plaintiff Exelon 

Generation Co., LLC

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