4:25-cv-02360•Netskope, Inc. v. Fortinet, Inc.
Gesamter Gesetzestext
STIPULATION & ORDER RE DISCOVERY OF ESI CASE NO. 4:25-CV-02360-HSG 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Thomas N. Millikan, Bar No. 234430 TMillikan@perkinscoie.com Joseph P. Reid, Bar No. 211082 JReid@perkinscoie.com Sarah Mae Anderson, Bar No. 359690 SarahAnderson@perkinscoie.com PERKINS COIE LLP 11452 El Camino Real, Ste 300 San Diego, California 92130-2080 Telephone: +1.858.720.5700 Facsimile: +1.858.720.5799 Andrew N. Klein, Bar No. 300221 AKlein@perkinscoie.com PERKINS COIE LLP 3150 Porter Drive Palo Alto, California 94304-1212 Telephone: +1.650.838.4300 Facsimile: +1.650.838.4350 Attorneys for Plaintiff Netskope, Inc. Ryan Iwahashi (CA SBN 284766) ryan@gishpllc.com GISH PLLC 50 California Street, Suite 1500 San Francisco, CA 94111 Phone: (415) 630-2000 Andrew D. Gish (NY SBN 4918454) (pro hac vice) andrew@gishpllc.com Christopher Gerson (NY SBN 4595708) (pro hac vice) chris.gerson@gishpllc.com GISH PLLC 41 Madison Avenue, Floor 31 New York, NY 10010 Phone: (212) 518-7380 Attorneys for Defendant Fortinet, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION NETSKOPE, INC., Plaintiff, v. FORTINET, INC., Defendant. Case No.4:25-cv-02360-HSG STIPULATION & ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION Case 4:25-cv-02360-HSG Document 109 Filed 12/01/25 Page 1 of 5 PageID #: <pageID>
- 1 - STIPULATION & ORDER RE DISCOVERY OF ESI CASE NO. 4:25-CV-02360-HSG 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Upon the stipulation of the parties, 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 stipulation. 3. As in all cases, costs may be shifted for disproportionate ESI production requests pursuant to Federal Rule of Civil Procedure 26. Likewise, a party’s nonresponsive or dilatory discovery tactics are cost-shifting considerations. 4 A party’s meaningful compliance with this Order and efforts to promote efficiency and reduce costs will be considered in cost-shifting determinations. 5. General ESI production requests under Federal Rules of Civil Procedure 34 and 45 shall not include email or other forms of electronic correspondence (collectively “email”). To obtain email parties must propound specific email production requests. 6. Email production requests shall only be propounded for specific issues, rather than general discovery of a product or business. 7. Email production requests shall identify the custodian, search terms, and time frame. The parties shall cooperate to identify the proper custodians, proper search terms and proper timeframe as set forth in the Guidelines. 8. The following metadata fields shall be included in the parties’ ESI productions if such fields exist: custodian, document type, file name, title (from the document properties), date sent, date received, author (either email or lose file), recipients, copies, blind copies and email subject. 9. 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 single-page Tagged Image File Format (“TIFF”) format. TIFF files shall be single page and shall be named with a unique production number followed by the appropriate file extension. Load files shall be provided to indicate Case 4:25-cv-02360-HSG Document 109 Filed 12/01/25 Page 2 of 5 PageID #: <pageID>
- 2 - STIPULATION & ORDER RE DISCOVERY OF ESI CASE NO. 4:25-CV-02360-HSG 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the location and unitization of the TIFF files. If a document is more than one page, the unitization of the document and any attachments and/or affixed notes shall be maintained as they existed in the original document. 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. C. Footer. Each document image shall contain a footer with a sequentially ascending production number. D. Native Files. A party that receives a document produced in a format specified above 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. F. Voicemail and Mobile Devices. Absent a showing of good cause, voicemails, PDAs and mobile phones are deemed not reasonably accessible and need not be collected and preserved. E. Jira, Slack, and Chat Communications. Absent a showing of good cause, Jira information (e.g., tickets, boards, workflows, and the like), Slack communications and other chat communications are deemed not reasonably accessible and need not be collected and preserved. 10. Each requesting party shall limit its email production requests to a total of five Case 4:25-cv-02360-HSG Document 109 Filed 12/01/25 Page 3 of 5 PageID #: <pageID>
- 3 - STIPULATION & ORDER RE DISCOVERY OF ESI CASE NO. 4:25-CV-02360-HSG 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 custodians per producing party for all such requests. The parties may jointly agree to modify this limit without the Court’s leave. The Court shall consider contested requests for additional custodians, upon showing a distinct need based on the size, complexity, and issues of this specific case. Cost-shifting may be considered as part of any such request. 11. Each requesting party shall limit its email production requests to a total of five search terms per custodian per party. The parties may jointly agree to modify this limit without the Court’s leave. The Court shall consider contested requests for additional search terms per custodian, upon showing a distinct need based on the size, complexity, and issues of this specific case. The Court encourages the parties to confer on a process to test the efficacy of the search terms. The search terms shall be narrowly tailored to particular issues. Indiscriminate terms, such as the producing company’s name or its product name, are inappropriate unless combined with narrowing search criteria that sufficiently reduce the risk of overproduction. A conjunctive combination of multiple words or phrases (e.g., “computer” and “system”) narrows the search and shall count as a single search term. A disjunctive combination of multiple words or phrases (e.g., “computer” or “system”) broadens the search, and thus each word or phrase shall count as a separate search term unless they are variants of the same word. Use of narrowing search criteria (e.g., “and,” “but not,” “w/x”) is encouraged to limit the production and shall be considered when determining whether to shift costs for disproportionate discovery. Should a party serve email production requests with search terms beyond the limits agreed to by the parties or granted by the Court pursuant to this paragraph, this shall be considered in determining whether any party shall bear all reasonable costs caused by such additional discovery. 12. Nothing in this Order prevents the parties from agreeing to use technology assisted review and other techniques insofar as their use improves the efficacy of discovery. Such topics should be discussed pursuant to the District’s E-Discovery Guidelines. 13. Email thread suppression techniques may be applied to eliminate or withhold documents from production provided that All Custodians and All Paths metadata for lesser inclusive emails that are within the producing party’s agreed-to review population and suppressed from production are included in the metadata for the most inclusive emails that are Case 4:25-cv-02360-HSG Document 109 Filed 12/01/25 Page 4 of 5 PageID #: <pageID>
- 4 - STIPULATION & ORDER RE DISCOVERY OF ESI CASE NO. 4:25-CV-02360-HSG 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 produced. Additionally, all non-duplicate email attachments included in the lesser inclusive emails that are suppressed shall be produced. 14. For any document withheld in its entirety on the basis of any asserted privilege, the withholding party will promptly produce a privilege log consistent with the requirements of the Federal Rules of Civil Procedure and any applicable order of the Court. . Documents that post-date the filing of the Complaint need not be logged in the first instance. 15. A producing party may assert privilege or protection over produced documents at any time by notifying the receiving party in writing of the assertion of privilege protection. In addition, information that contains privileged matter or attorney work product shall be immediately returned if such information appears on its face to have been inadvertently produced pursuant to Fed. R. Evid. 502(b). 16. Pursuant to Federal Rule of Evidence 502(d), the production of a privileged or work-product-protected document, whether inadvertent or otherwise, is not a waiver of privilege or protection from discovery in this case or in any other federal or state proceeding. 17. The mere production of ESI in a litigation as part of a mass production shall not itself constitute a waiver for any purpose. 18. Except as expressly stated, nothing in this order affects the parties’ discovery obligations under the Federal or Local Rules. IT IS SO STIPULATED, through Counsel of Record. DATED: October 2, 2025 /s/ Andrew N. Klein Andrew N. Klein PERKINS COIE LLP Attorneys for Plaintiff DATED: October 2, 2025 /s/ Christopher Gerson Christopher Gerson GISH PLLC Attorneys for Defendant IT IS ORDERED that the forgoing Agreement is approved. Dated: UNITED STATES DISTRICT JUDGE HAYWOOD S. GILLIAM, JR. 12/1/2025 Case 4:25-cv-02360-HSG Document 109 Filed 12/01/25 Page 5 of 5 PageID #: <pageID>
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