Rawson Inc. v. Associated Materials, LLC

18166/046/3440064.2
HF 13478475v.1
UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO
RAWSON INC.,
Plaintiff/Counterclaim-Defendant,
vs.
ASSOCIATED MATERIALS, LLC,
Defendant/Counterclaim-Plaintiff.
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CASE NO. 2:24-cv-01012-JHR-KRS
ORDER GRANTING [62] JOINT MOTION FOR ENTRY OF ORDER FOR THE
DISCOVERY OF ELECTRONICALLY STORED INFORMATION
Currently before the Court is the Joint Motion For Entry Of Order For The Discovery Of
Electronically Stored Information, filed by Plaintiff/Counterclaim-Defendant Rawson Inc. and
Defendant/Counterclaim-Plaintiff Associated Materials, LLC. (Doc.62). Finding good cause and
noting the agreement of the parties, the Court grants the Motion and enters the parties Stipulated
Order For The Discovery Of Electronically Stored Information, with slight modifications, as
follows:
STIPULATED ORDER FOR THE DISCOVERY OF
ELECTRONICALLY STORED INFORMATION
To govern discovery of electronically stored information in this action, and as a supplement
to 	the 	Federal 	Rules 	of 	Civil 	Procedure 	and 	any 	other 	applicable 	orders 	and 	rules,
Plaintiff/Counterclaim-Defendant Rawson Inc. and Defendant/Counterclaim-Plaintiff Associated
Materials, LLC have agreed to the terms of this Order for the Discovery of Electronically Stored
Information. Accordingly, it is ORDERED:
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I. 	ELECTRONICALLY STORED INFORMATION (“ESI”)
1. 	Except as otherwise agreed upon by the parties, ESI will be produced as single-
page, 	color-for-color, 	Group 	IV 	TIFF 	files 	accompanied 	by 	load 	files 	provided 	in
Concordance/Relativity compatible formats such as .dat for the metadata and .opt for the images.
The .dat file will contain all extracted metadata fields listed in Appendix A.
2. 	Excel and other spreadsheet files (e.g., .xls, .xlsx, .csv), PowerPoint presentation
files, and other native documents that cannot be produced in TIFF format (e.g., Access database,
audio and video), shall be produced in native format with a TIFF placeholder indicating that the
file was produced natively and bearing a legible, unique identifier (“Bates number”).
3. 	The extractable text metadata and text shall be produced in the same manner as
other documents that originated in electronic form to the extent metadata exists or is reasonably
accessible or available for any files produced. Text must be extracted electronically from native
production, and OCR should only be applicable on hard copy documents and documents requiring
redaction.
II. 	BATES NUMBERING
4. 	Each page of a TIFF-produced document shall have a Bates number assigned and
electronically “burned” onto the image. The identifier shall include an alpha prefix along with a
fixed number, e.g., ABC000001. The Bates format is to remain consistent across all production
numbers and be placed on the lower right corner of all images so as not to unreasonably obliterate
or obscure any information. No other legend or stamp will be placed on the document image other
than confidentiality legends (where applicable) or redactions.
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III. 	ASSOCIATED DELIMITED TEXT FILE ANT METADATA FIELDS
5. 	A database load file shall be provided in the Concordance/Relativity compatible
“.dat” file format that holds metadata in fields as a delimited text load file. For the load file, use
Concordance 	standard 	delimiters 	(ASCII 	020 	corresponding 	to 	a 	comma, 	ASCII 	254
corresponding to a double quote, ASCII 174 corresponding to a new line, and a semicolon used to
separate values). To the extent reasonably captured at the time of the collection, and not otherwise
protected from disclosure, productions should include the metadata listed in Appendix A. The first
line of the data load file should contain the field headers indicating the contents of each field, and
each subsequent line should contain the fielded data for each document. To the extent that metadata
does not exist, is not reasonably accessible, or available for any documents produced, nothing in
this Order shall require any party to extract, capture, collect, generate or produce such data.
IV. 	PRIVILEGE LOGS
6. 	A producing party shall prepare and serve privilege logs that shall satisfy Federal
Rule of Civil Procedure 26(b)(5) by providing sufficient information to support and evaluate
claims of privilege. Specifically, each entry on the log shall have a unique ID and shall include:
(1) at least the metadata fields identified in Appendix A, (2) the privilege(s) being asserted with
respect to each document (e.g., attorney-client privilege, attorney work product, etc.), and (3) an
explanation for the basis of the privilege being asserted. Each attorney who is an author, recipient,
or person copied on the material shall be identified by an asterisk (*).
7. 	If a metadata field would disclose information that a producing party asserts is
privileged, it can be redacted, identified as redacted, and replaced by the producing party.
8. 	The privilege logs shall be submitted in a searchable and sortable electronic format
(e.g., XLSX).
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9. 	The following type of information shall not be the subject of discovery and need
not be placed on a privilege log: (1) attorney/client privileged, attorney work-product, or other
applicable privileged communications, notes, drafts, memoranda or other work product exchanged
solely between an employee of a party and outside counsel of record for that party related to this
litigation; and (2) emails, notes, drafts, communications, memoranda, or other work product
produced by or exchanged solely between any party to this litigation or its counsel, and/or a
consultant retained by counsel for the party for purposes of this litigation or in anticipation thereof.
V. 	MODIFICATION
10. 	This Order may be modified by the Court sua sponte or upon motion by one or
more parties for good cause shown.
IT IS SO ORDERED this 6th day of February, 2026.
__________________________________
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE
WE SO MOVE
and agree to abide by the
terms of this Order
WE SO MOVE
and agree to abide by the
terms of this Order
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/s/ Kathryn Brack Morrow
Kathryn Brack Morrow
Mann Morrow, PLLC
665 E. University Ave., Suite C
Las Cruces, NM 88005
Phone: 915-226-0400
Katy.Morrow@MannMorrow.com
-and-
/s/ Thomas F. Zych
Thomas F. Zych (0019942) (pro hac vice)
Tom.Zych@ThompsonHine.com
Mark R. Butscha, Jr. (0088854) (pro hac vice)
Mark.Butscha@ThompsonHine.com
Caitlin R. Thomas (0093847) (pro hac vice)
Caitlin.Thomas@ThompsonHine.com
THOMPSON HINE LLP
3900 Key Center
127 Public Square
Cleveland, Ohio 44114-1291
Phone: 216-566-5500
Fax: 216-566-5800
Attorneys for Plaintiff/Counterclaim-Defendant
Rawson Inc.
/s/ Melanie B. Stambaugh
Melanie B. Stambaugh
P.O. Box 1888
Albuquerque, NM 87103
Telephone: 	(505) 765-5900
Facsimile: 	(505) 768-7395
E-mail: mstambaugh@rodey.com
- and -
/s/ Michelle Fischer
Michelle Fischer (pro hac vice)
Jacqueline Pasek (pro hac vice)
Patricia Ochman (pro hac vice)
Caitlin Dunnett Britton (pro hac vice)
JONES DAY
North Point
901 Lakeside Avenue
Cleveland, Ohio 44114-1190
Telephone: 216-586-3939
Facsimile: 216-579-0212
Email: 	mfischer@jonesday.com
jmpasek@jonesday.com
pochman@jonesday.com
cdunnettbritton@jonesday.com
Attorneys 	for 	Defendant/Counterclaim-
Plaintiff Associated Materials, LLC
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APPENDIX A
METADATA FIELDS
1. 	Bates Begin
2. 	Bates End
3. 	Beg Attach
4. 	End Attach
5. 	Custodian
6. 	Alternative Custodian
7. 	File Name
8. 	File Extension
9. 	Email From
10. 	Email To
11. 	Email CC
12. 	Email BCC
13. 	Email Subject
14. 	Email Date Sent
15. 	Email Time Sent
16. 	Email Date Received
17. 	Email Time Received
18. 	Time Zone
19. 	Author
20. 	Date Modified
21. 	Time Modified
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