Tyler v. Wells Fargo Bank N.A.

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CAROL TYLER,
Plaintiff,
vs.
WELLS FARGO BANK, N.A.,
Defendant.
Case No. 3:25-cv-1731-DWD
AGREED ESI PROTOCOL
1. 	Sources and scope of the production of electronically stored information:
The parties have met and conferred to discuss the discovery of electronically
stored information (“ESI”) and will, to the extent feasible, cooperate to avoid unnecessary
expense in connection with such discovery. In particular, the parties have discussed a) the
sources of all parties’ discoverable ESI, taking into account appropriate objections
including proportionality and sources not reasonably accessible because of undue burden
or cost, b) that all parties are on notice to preserve discoverable ESI, c) privilege,
confidentiality, and claw-back issues addressed in the Stipulated Protective Order and
Clawback Agreement. The parties further agree throughout the course of the case, to
continue to meet and confer on electronic discovery issues, including the following
issues, if warranted: a) production and review methodologies, including de-duplication
techniques and procedures, key word methodologies to be used to locate, search, refine
and produce ESI, and the manner in which the parties believe they can reasonably
produce discoverable ESI from databases and similar data sources; b) the timing for the
production of ESI, including the use of a “rolling production” methodology; c) cost-
limiting and/or allocation issues surrounding the preservation, harvesting, processing,
review and production of ESI requested by a party to ensure proportionality; and d) the
need to preserve and search sources of ESI that any party identifies as not reasonably
accessible, including the need for such information in the first instance and limiting or
shifting costs should there be such a need.
2. 	Format for the production of electronically stored information:
The parties have met and conferred regarding the format of electronically stored
information (e.g., Tagged Image File Format (TIFF or .TIF Files), Portable Document
Format (PDF), or native), method of production (e.g., paper or disk), and the inclusion or
exclusion and use of metadata, and have agreed as follows:
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A. 	Production Format in General.
All documents (whether originally electronic or hard copy paper) should
be produced as TIFF image files # (black-and-white) and as JPEG image
files # (color) in electronic form on a CD-ROM (or on other removable
media), or delivered via secured FTP. All production documents should be
accompanied by a Concordance .DAT load file. The Concordance .DAT file
should contain the following delimiters:
Field Separator 	¶ 	(ASCII:0020)
Quote 	þ 	(ASCII:0254)
Multi-Entry Delimiter 	; 	(ASCII:0059)
<Return> Value in Data 	® 	(ASCII:0174)
The TIFF images should be produced as single-page Group IV TIFF format
with an Opticon image load file. 	The Opticon image load file should
contain the BEGBATES value for each corresponding document and
appropriate path or folder information to the corresponding images that
comprise each document. Each TIFF or JPEG image should be individually
Bates numbered (each party using a unique prefix of letters as appropriate,
without punctuation, and each page having a unique number of at least six
digits, with no separator between the letters and numbers). 	The Bates
number must not obliterate, conceal, or interfere with any information on
the produced document.
B. 	Production Format from Electronic Format.
For documents that are produced directly from electronic format, the full
extracted text will be provided by a link in the main (.DAT) load file.
To the extent readily available at the time of retrieval, the following
extracted data and metadata fields shall be provided in the Concordance
.DAT file:
• 	FOR E-MAIL AND E-DOCS (REQUIRED)
o 	PRODUCTION BEG NUM
o 	PRODUCTION END NUM
o 	PRODUCTION BEG ATTACH1
1PRODUCTION BEG ATTACH should contain the PRODUCTION BEG NUM value of an
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o 	PRODUCTION END ATTACH
o 	CUSTODIAN2
o 	CONFIDENTIALITY DESIGNATION
o 	MESSAGE FROM
o 	MESSAGE TO
o 	MESSAGE CC
o 	MESSAGE BCC
o 	MESSAGE SUBJECT
o 	MESSAGE DATE/TIME SENT #
o 	MESSAGE DATE/TIME SENT OFFSET∆
o 	MESSAGE DATE/TIME RECEIVED #
o 	MESSAGE DATE/TIME RECEIVED OFFSET∆
o 	MESSAGE ATTACHMENT COUNT
o 	MESSAGE ATTACHMENT NAMES
o 	MESSAGE HAS ATTACHMENTS
o 	TIME ZONE OFFSET∞
o 	FILE AUTHOR
o 	FILE DATE CREATED#
o 	FILE DATE CREATED OFFSET∆
o 	FILE DATE MODIFIED #
o 	FILE DATE MODIFIED OFFSET∆
o 	FILE NAME
o 	FILE SIZE
o 	FILE EXTENSION
o 	ORIGINAL FOLDER NAME3
o 	PAGE COUNT
o 	MD5 HASH
o 	LINK TO NATIVE FILE4
attachment’s parent document. PRODUCTION BEG ATTACH for a parent document is equal to the
PRODUCTION BEG NUM for the parent document.
2 If it has been captured.
3 Mailbox Path for E-Mails or Original Path for E-Docs.
4 Only for data being produced natively; see Section C below.
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o 	LINK TO EXTRACTED TEXT5
• 	FOR SCANNED HARDCOPY DOCUMENTS
o 	PRODUCTION BEG NUM
o 	PRODUCTION END NUM
o 	PAGE COUNT
o 	LINK TO TEXT6
These are the only metadata fields that the parties are required to collect
and produce, to the extent they are readily available at the time of retrieval.
C. 	De-Duplication.
Cross-Custodian De-Duplication7 (also known as Horizontal Duplication)
will be applied to all data. Duplicate custodian name and a duplicate
custodian path will be provided to memorialize the location of all deduped
data.
D. 	Native Production.
Where 	feasible, 	non-redacted 	Excel, 	and 	Multi-Media 	files 	shall 	be
produced in their native format. Select PowerPoint files may be produced
natively upon request if such files contain multi-media or obscured
animated content. A single-page TIFF slip sheet branded with a unique
Bates number and the phrase “PRODUCED IN NATIVE FORMAT” shall
accompany all items produced in native format. The corresponding load
file shall include NativeFileLink information for each native file that is
produced.
E. 	Databases or Structured Data.
If a party is providing databases or structured data, the parties will confer
to discuss the appropriate delivery format.
5Extracted text will be provided at the document level – not the page level.
6Extracted text will be provided at the document level – not the page level.
7See The Sedona Conference Glossary: eDiscovery & Digital Information Management, Fifth Edition, 21
SEDONA CONF. J. 263, 286 (2020).
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F. 	Social Media and Web Content.
Social media and other web content shall be produced as Group IV TIFF
image files (black-and-white) and JPEG image files (color) with associated
metadata load files. 	The parties will further confer regarding the specific
web pages and available metadata.
G. 	Embedded Documents.
If 	reasonably 	possible, 	embedded 	documents 	(e.g. 	a 	spreadsheet
embedded within a word processing document) will be extracted and
produced as an independent document, related back to the respective top
level parent document. Related documents will be produced within a
continuous Bates range. Nothing in this paragraph will require a party to
extract or produce information from an embedded or attached internet
link.
H. 	Tracked Changes and Other Hidden Content.
To the extent that a document contains tracked changes or other hidden
content, it should be imaged showing tracked changes or other hidden
content.
WE SO MOVE and agree to abide by the terms of this Order:
/s/ 	Charles J. Baricevic
Counsel for Carol Tyler 	DATE
/s/ 	Patricia J. Martin
Counsel for Wells Fargo Bank, N.A. 	DATE
SO ORDERED.
Dated: February 11, 2026
___________________________
DAVID W. DUGAN
United States District Judge
s/ David W. Dugan
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