Policies and Procedures; Report of Rule 26(f) Meeting; Order Governing Electronic Discovery

=== Policies and Procedures ===

JUDICIAL POLICIES AND PROCEDURES Judge Kelley B. Hodge United States District Court for the Eastern District of Pennsylvania James A. Byrne United States Courthouse 601 Market Street, Room 15614 Philadelphia, Pennsylvania 19106 Telephone: 267-299-7550 Email: [email protected] I. GENERAL INFORMATION A. Communication with Chambers Judge Hodge permits communications with Chambers by telephone, or letter sent via email regarding scheduling and other non-substantive matters. An email request without a letter will not be considered. All other issues must be addressed by an appropriate motion or other document filed on the docket. Under no circumstances may any party or counsel communicate ex parte with any Chambers personnel concerning substantive matters. Law clerks may not render advice to counsel and have no authority to grant continuances or any other relief. For civil and criminal scheduling, case management and general inquiries contact: Leesa Ciamiachelo, Deputy and Courtroom Services Clerk Telephone: 267-299-7550 (Chambers) or 267-299-7559 (Direct Dial) Email: [email protected] and [email protected] Judge Hodge prohibits any communications to her personal email. B. Telephone/Video Conferences Counsel may request a telephone or video conference with Judge Hodge to resolve straightforward discovery disputes and other issues, but complicated matters should be resolved by formal motion and briefing. Counsel must make a substantive effort to address all discovery disputes with opposing counsel before requesting Judge Hodge’s assistance and submit a certification to that end along with any discovery motions. Counsel should submit a letter by email to Chambers summarizing the reason for the requested telephone conference. An email request without a letter attached will not be considered. Counsel must comply with the Court’s Protocols for Remote Proceedings, found in the “News & Announcements” section of the Court’s website – www.paed.uscourts.gov. Rev. 5/10/2024 C. Stipulations Any stipulations requiring Court approval or the Judge’s signature must be submitted by email to Chambers. Counsel must provide the basis for any relief sought by stipulation. A stipulation absent any basis for the requested relief will be rejected by the Court. D. Electronic Case Filing Judge Hodge requires all counseled parties to use Electronic Case Filing (“ECF”). Proposed orders should be attached to corresponding motions or memoranda of law. Submission of pleadings, motions, or other filings to Chambers by any method other than ECF is not permitted. Except as expressly provided in Section I.C. Stipulations (above), the Court will not act on any submission that has not been docketed. E. Courtesy Copies Parties must provide two (2) courtesy copies to the Court of any document submitted which is twenty-five (25) pages or more, including exhibits. The exhibits in the Court’s courtesy copies shall be clearly marked, tabbed, and bound in a 3-ring binder. Courtesy copies should be delivered by first-class mail or other delivery service. Courtesy copies will not be accepted via email. F. Document formatting All documents shall be filed in 12-point Times New Roman font with one-inch margins. All PDF documents filed must be text searchable. G. Standing Orders Judge Hodge requires compliance with the following standing orders: 1. Meet and Confer Certification with Dispositive Motions: Counsel contemplating filing a motion under Fed. R. Civ. P. 12 or 56, 28 U.S.C. §1441, or 28 U.S.C. §1404, shall contact opposing counsel prior to filing to discuss the substance of the contemplated motion and to provide an opportunity to cure any alleged pleading deficiencies or strike certain matter to see if the filing of the contemplated motion is then necessary. This conference shall take place at least seven (7) days before the filing of the motion. The parties shall conduct substantive verbal communications. Exchanges of letters or emails are insufficient. A report that opposing counsel was not available or that the parties made reasonable but unsuccessful efforts to meet and confer is likewise insufficient. If the parties cannot reach a resolution that eliminates the need for any of the above-mentioned motions, counsel for the moving party shall include, along with the motion, a Certification indicating the date(s) of discussion(s) and shall inform the court of the parties’ inability to reach a resolution. The Court will deny any motion that fails to conform with these requirements. 2 2. Pronouns and Honorifics: Counsel and unrepresented parties are invited to provide the names, pronouns, and honorifics they would like used by the Court in hearings, conferences, and opinions via an email to Chambers. 3. Artificial Intelligence: Anyone—counsel or pro se litigant—using Generative Artificial Intelligence (“GAI”) in connection with the filing of a pleading, motion, or paper in this Court or the serving/delivering of a request, response, or objection to discovery must comply with Rule 11(b) and Rule 26(g) of the Federal Rules of Civil Procedure, and any other relevant rule, including all applicable ethical rules. H. Conflicts of Interest In compliance with Federal Rule of Civil Procedure 7.1, counsel are expected to inform the Court of any change of ownership to avoid potential conflicts of interest. I. General Expectations Judge Hodge expects all counsel to be prompt, prepared and professional adhering to the ABA Model Rules of Professional Conduct at all times, both in the presence of the Court and otherwise. Decorum is of paramount importance and arguments should be presented zealously, thoughtfully, and thoroughly to the Court not to one another. Judge Hodge expects counsel to be punctual for all conferences, hearings, and trials. The Court believes in the opportunity for growth and development of all attorneys. Thus, Judge Hodge encourages all counsel, regardless of years in the profession, who have skilled knowledge on the matter to be given the opportunity to appear and make argument before the Court. II. CIVIL CASES – PRETRIAL A. Rule 16 Conference Judge Hodge will schedule a Rule 16 conference once an answer is filed or, in some instances, while a motion to dismiss or other preliminary motion is pending. Judge Hodge will issue an Order for a Rule 16 scheduling conference to be held by video-conferencing or in person (or, in the case of pro se parties, on the record). The parties must file on ECF (unless leave of Court is requested) and email to Chambers a Rule 26(f) report using the template provided on Judge Hodge’s website at least seven (7) days before the Rule 16 conference. The report should include a statement as to whether and when the parties will be prepared to discuss settlement. The report should also include specific dates for all pretrial deadlines. Lead trial counsel must participate in the Rule 16 conference and must enter an appearance before the conference unless Judge Hodge approves a substitution. All applications to appear pro hac vice must be approved before the conference. After the conference, Judge Hodge will issue a Scheduling Order to govern further proceedings in the case. 3 B. Rule 26(f) Meeting Judge Hodge relies on good-faith compliance in all respects with Federal Rule of Civil Procedure 26(f). The Rule 26(f) meeting shall take place as soon as possible and no later than fourteen (14) days before the Rule 16 scheduling conference. The meeting should not be viewed as perfunctory, but rather as a meaningful and substantive discussion to formulate the discovery plan required by the Rule. Compliance is mandatory. Parties who do not comply will have no voice at the scheduling conference and may be subject to sanctions. Outstanding motions will not excuse the parties from holding the Rule 26(f) meeting and submitting a report in a timely manner. Before the Rule 16 conference, counsel will have discussed the nature and basis of the parties’ claims and defenses, the possibility of a prompt settlement, and a discovery plan pursuant to Rule 26(f). Counsel must be prepared to present argument at the conference on any pending motions. At the conference, counsel should be prepared to discuss the strengths and weaknesses of the case and should therefore be conversant in the essential facts and issues involved. Counsel must have full authority to negotiate a settlement of the case or be accompanied by a client or client representative who has such authority or arrange for the client to be available by telephone for the duration of the conference. C. Settlement Conferences Judge Hodge addresses the possibility of settlement at all stages in the proceedings. In addition, consistent with Local Rule of Civil Procedure 53.3, Judge Hodge directs all parties to consider the use of an alternative dispute resolution process at an appropriate stage in the litigation. Judge Hodge also encourages early referral to a Magistrate Judge for settlement discussions. Upon reaching a settlement, counsel must notify Judge Hodge’s Chambers immediately and request dismissal of the action pursuant to Local Rule of Civil Procedure 41.1. D. Requests for Extension of Time and Continuances Where compelling circumstances exist, counsel may request an extension of a filing or other deadline. Extension requests should be made by letter sent via email and counsel requesting the extension shall include the basis for the request and state the position of opposing counsel. Any counsel opposing the extension shall submit a responsive letter via email setting forth the reasons for opposition. Counsel may not extend any deadlines without Court approval. An email request without a letter attached will not be considered. For unopposed extension requests, counsel must submit a stipulation signed by counsel for all parties sent via email with a signature line for Judge Hodge. Unopposed extension requests are not automatically granted. Counsel should make every effort to file such stipulations as early as the need for an extension is known. If the stipulation or motion is filed less than two business days before the deadline, the Court does not guarantee a decision will be made before the deadline. Since trial and hearing dates are set in advance, Judge Hodge is extremely reluctant to grant continuances especially if the attorneys have not been diligent in moving the case forward. 4 However, the Court will consider such continuance requests upon a showing of compelling circumstances and good cause. E. Final Pretrial Conference There will be a final pretrial conference scheduled on a date by the Court in advance of the trial date. During this conference, the Court will address factual and legal issues, the admissibility of exhibits, scheduling issues, and settlement. See Section III.F. below for information on pretrial memoranda. III. CIVIL CASES – SUBMISSIONS TO THE COURT A. Discovery Matters When a discovery dispute arises, counsel are strongly urged to settle it among themselves. However, if after making a good faith effort, counsel are unable to resolve a disputed issue, counsel for the aggrieved party shall file with the Court a motion in conformity with Local Civil Rule 26.1(b), with a form of order, and short brief not to exceed five (5) pages describing the disputed issue(s). Within seven (7) days of the filing of the motion, any counsel opposing the motion shall file with a Court a response to the motion not to exceed five (5) pages in conformity with Local Rule 26.1(b). The Court will determine the need for a telephone or video conference with counsel to discuss the motion on a case-by-case basis. In most cases, the Court expects to rule promptly on discovery motions and may decide such motions during a video conference. All motions must contain the certification required under Local Civil Rule 26.1(f). B. Oral Argument A party desiring oral argument should request it by letter or in the body of the motion or responsive pleading. If Judge Hodge believes oral argument will be helpful in deciding a matter, she will schedule it, particularly when it involves a dispositive motion. Not all requests for oral argument will be granted but will be determined by the judge on a case-by-case basis. C. Length and Content of Briefs or Legal Memoranda All grounds for relief should be set forth in a single, comprehensive motion. A motion to dismiss, for example, should not be divided into separate motions for each count, but rather the singular motion should include all bases for relief. Any brief or memorandum filed in support of the motion should be limited to twenty-five (25) pages. Any brief or memorandum filed in opposition or in response to a motion is subject to the same page limitation. If a party requires more than twenty-five (25) pages to explain its position to the Court, a motion to exceed the page limit shall be filed prior to the deadline, setting forth good cause for granting an exception to this rule. 5 D. Reply and Surreply Briefs Reply briefs, addressing only issues raised in the brief in opposition and not repeating arguments in the brief, may be filed within seven (7) days of service of the opponent’s brief in opposition and shall be limited to ten (10) pages. The parties must seek leave of court prior to file a surreply. If leave is granted, surreplies may not exceed five (5) pages. E. Rule 56 Motions - Motion for Summary Judgment Initial Filing of Moving Party: A party moving under Rule 56 may move without reference to supporting affidavits or other evidence and, in doing so, the party making the motion shall: (1) identify in outline form the issue(s) and/or sub-issue(s) as to which the Motion is directed; (2) affirm, on the basis prescribed in Rule 11, that there is no legally sufficient evidentiary basis for the non-movant to prevail upon the issues so identified; (3) provide a separate, concise Statement of Undisputed Material Facts, as described below; and (4) request judgment. The initial filing by the moving party should not exceed twenty-five (25) double-spaced, typewritten pages, excluding the Statement of Undisputed Material Facts. The initial filing of the moving party must include a concise Statement of Undisputed Material Facts, which sets forth, in numbered paragraphs, the material facts that the moving party contends are undisputed and entitle the movant to judgment as a matter of law. Each factual assertion shall be accompanied by a citation to the specific portion(s) of the record that support the assertion, including the exhibit, page, and line number. Response of Non-Moving Party: The non-moving party shall file a response within twenty- eight (28) days after the Motion for Summary Judgment is served, unless otherwise ordered by the Court. The response shall be supported with affidavits, depositions, documents or other evidence permitted by Rule 56. Opposition to a Motion for Summary Judgment shall include a separate filing of a Statement of Material Facts, responding to the numbered paragraphs in the movant’s Statement of Undisputed Material Facts, which the respondent contends present genuine issues for trial. The responding party also shall set forth, in separate numbered paragraphs, any additional facts which the respondent contends preclude summary judgment. Where applicable, references to such evidence must include specific citations to exhibit, page, and line number. The response may not exceed twenty-five (25) pages. Reply of Moving Party: The movant shall file a reply and the reply must be filed not later than fourteen (14) days after the response from the non-moving party is served, unless otherwise ordered by the Court. The reply must specify the relevant exhibit, page, and line numbers when referring to the record. The reply may not exceed ten (10) pages. Surreply of Non-Moving Party (Optional): The non-moving party may, within seven (7) days after the reply is received, file a surreply. The surreply must specify the relevant exhibit, page, and line numbers when referring to the record and may not exceed ten (10) pages. 6 F. Trial Documents The Court will issue a trial scheduling order outlining parameters and deadlines for all requisite trial documents after dispositive motions are decided or if no dispositive motion is filed. G. Confidentiality Agreements Judge Hodge will only consider entry of stipulated confidentiality or sealing orders if the parties demonstrate that “good cause” exists pursuant to Fed. R. Civ. P. 26(c)(1)(G). See Pansy v. Borough of Stroudsburg, 23 F.3d 772, 786 (3d Cir. 1994). All such orders must contain the following language (or language substantially similar): “The Court retains the right to allow disclosure of any subject covered by this stipulation or to modify this stipulation at any time in the interest of justice.” H. Experts Parties should identify expert witnesses and provide the experts’ written reports pursuant to the scheduling order entered in the case. Failure to do so will bar the use of the expert’s testimony at trial. I. Injunctions When a temporary restraining order or preliminary injunction is requested, Judge Hodge will schedule a conference if necessary to decide the TRO or injunction as soon as possible. Generally, Judge Hodge permits expedited discovery for injunctive matters. Judge Hodge may require submission of proposed findings of fact and conclusions of law. For any civil litigation issues not addressed above, please consult the Local Rules of Civil Procedure for the Eastern District of Pennsylvania at: https://www.paed.uscourts.gov/sites/paed/files/documents/locrules/civil/cvrules.pdf IV. CRIMINAL CASES A. Motions Practice All pretrial motions—including motions in limine and any motions challenging the indictment, seeking suppression of evidence, or raising any dispositive matters—shall be controlled by the Scheduling Order. Any responses to a pretrial motion must be filed in accordance with the Scheduling Order. Except in rare circumstances, hearings on any pretrial motions and responses will be heard on a date before the scheduled trial date. In multi-defendant proceedings, all motions will be heard jointly. Defendants may not join in codefendants’ pretrial motions without leave of the Court. If granted leave, supporting memoranda shall be filed as soon as possible and no later than seven (7) days before the hearing. Such supporting memoranda shall not exceed twenty (20) double-spaced pages. 7 All post-trial motions must be filed in accordance with the Federal and Local Rules of Criminal Procedure. Response memoranda shall not exceed twenty (20) double-spaced pages. Reply and surreply memoranda may be filed only with leave of Court and shall not exceed ten (10) double-spaced pages. B. Continuance Request Any request for a continuance must be filed no later than fourteen (14) days in advance of the scheduled trial date. Requests for a continuance must be filed as motions stating the reasons for the request. Any such motion must be accompanied by a proposed form of Order which, if approved by the Court, would grant the relief sought by the motion. The proposed form of Order must be consistent with the requirements of the Speedy Trial Act, 18 U.S.C. § 3161(h)(7), and include a proposed finding that explains in reasonable detail why the ends of justice served by granting the requested continuance outweigh the best interest of the public and the defendant in a speedy trial.Requests by letter are not permitted. The defendant must provide a signed waiver of Speedy Trial Act rights or a continuance hearing will be scheduled. C. Pretrial Conference If requested by counsel or needed, Judge Hodge will schedule a pretrial conference with counsel at least three (3) days before the scheduled trial date. The conference will be conducted in person or, in limited circumstances, on a virtual platform. Any issues related to voir dire, motions in limine, jury instructions, and jury verdict forms will be addressed at that time. D. Voir Dire Counsel must submit proposed voir dire questions in Microsoft Word format via email to Chambers and should do so in accordance with the Scheduling Order. Judge Hodge will conduct the voir dire in criminal jury matters. Upon request, counsel may have an opportunity to ask follow-up questions to the venire. E. Proposed Jury Instructions and Verdict Forms Each party must submit to the Court and serve on opposing counsel proposed points for charge and any proposed jury interrogatories in accordance with the Scheduling Order. F. Guilty Plea Before a defendant offers a guilty plea, the guilty plea memorandum, guilty plea agreement (if applicable), and acknowledgment of rights must be completed and reviewed with the defendant and must be provided to the Court via email to Chambers seven (7) days prior to the change of plea hearing, except in extenuating circumstances. The guilty plea memorandum should include: the elements of each offense to which the defendant will plead guilty and legal citations for the elements, the statutory maximum penalties for each offense, the terms of any plea agreement, and the factual basis for the plea. 8 G. Sentencing If the Court accepts a guilty plea or there is a conviction at trial, Judge Hodge will schedule a speedy sentencing for a date selected at the time of the plea or verdict. Judge Hodge discourages continuances of sentencing, and sentencing will be continued for good cause only. Judge Hodge will generally not consider any request for a continuance exceeding 90 days. Sentencing motions and supporting memoranda must be filed at least fourteen (14) days before the scheduled sentencing date, and any response thereto must be filed at least seven (7) days before the scheduled sentencing date. Sentencing memoranda (exclusive of motions) must be filed no later than seven (7) days before the scheduled sentencing date. For any criminal litigation issues not addressed above, please consult the Local Rules of Criminal Procedure for the Eastern District of Pennsylvania at: https://www.paed.uscourts.gov/sites/paed/files/documents/locrules/criminal/crrules.pdf 9

=== Report of Rule 26(f) Meeting ===

FORM IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA v. CIVIL ACTION NO. REPORT OF RULE 26(f) MEETING In accordance with Federal Rule of Civil Procedure 26(f), counsel for the parties conferred on [date] and submit the following report of their meeting for the court’s consideration: 1. Discussion of Claims, Defenses and Relevant Issues You should assume that the court has read the complaint and is familiar with the claims. However, the facts supporting those claims and defenses are unknown. Therefore, counsel shall set forth concisely the factual background that the parties contend support their claims and defenses. Summarize your discussion of primary issues, threshold issues and those issues on which the parties will need to conduct discovery. Identify what information each party needs in discovery as well as when and why. Also indicate likely motions and their timing. 2. Informal Disclosures State the parties’ agreement on timing, form and scope of informal disclosures. Specifically identify not only the information listed in Rule 26(a)(1), but any additional information the parties agree to disclose informally. Keep in mind that self-executing discovery must not be delayed until the pretrial Rev. 5/1/2023 conference. If the parties have not made the Rule 26(a) initial disclosures within the time required by the Court’s Order scheduling the pretrial conference, they should explain why not. 3. Formal Discovery Indicate nature, sequence and timing of formal discovery, as well as any need to conduct discovery in phases to prepare for the filing of motions or for settlement discussions. Specifically delineate what discovery will be conducted formally. Counsel shall include specific dates for all pretrial deadlines in accordance with the template for standard cases provided in Schedule A of this document. In standard cases, the Court usually allows up to one hundred twenty (120) days from the date of the Rule 16 conference to complete fact discovery, thirty (30) days for exchange of experts’ reports and up to thirty (30) days to conduct expert depositions. In complex cases, the Court will permit additional time to conduct fact and/or expert discovery if the parties identify specifically the reason to do so. A case will ordinarily be listed for trial after dispositive motion practice is complete. If the parties believe there are compelling reasons for a longer period of discovery, state them. 4. Electronic Discovery It is expected that the parties will reach an agreement on how to conduct electronic discovery. In the event the parties cannot reach such an agreement before the Rule 16 scheduling conference, the court will enter an order incorporating default standards. The default order can be viewed at www.paed.uscourts.gov. The parties shall discuss the parameters of their anticipated e- discovery at the Rule 26(f) conference and shall be prepared to address e-discovery at the Rule 16 scheduling conference with the court. 5. Expert Witness Disclosures Rev. 5/1/2023 Indicate agreement on timing and sequence of disclosure of the identity and anticipated testimony of expert witnesses, including whether depositions of experts will be needed. The parties should expect that the court requires expert reports to be exchanged simultaneously. If there are compelling reasons to stagger the production of expert reports, state them. 6. Early Settlement or Resolution The parties must familiarize themselves with Local Rule 53.3 before responding. Recite the parties’ discussion about early resolution through: (1) referral to a magistrate judge for a settlement conference; (2) consent to a magistrate judge handling the matter in its entirety; (3) court mediation; or (4) ADR. Explain any decision not to seek early resolution, and what mediation options the parties may consider and when mediation would be appropriate. Frequently, the Court will order counsel to submit a joint report as to whether they believe a settlement conference before a magistrate judge, or some other form of alternative dispute resolution, would be of assistance in resolving the case. Indicate in the proposed discovery plan when the parties deem this appropriate to occur. 7. Trial Date Chambers will contact the parties if no dispositive motions are filed after the deadline, or after dispositive motions are decided, to schedule all further proceedings, including a trial date. 8. Other Matters Indicate discussion and any agreement on matters not addressed above. Rev. 5/1/2023 (Attorney Signature) (Attorney Signature) Rev. 5/1/2023 The standard discovery plan is as follows: SCHEDULE A Event Description Initial Disclosures Written Discovery Deadline Fact Discovery Deadline Timing Date Certain Date of Completion Flexible. Prior to fact discovery deadline 120 days from the date of the Rule 16 conference Parties exchange curriculum vitae and reports of expert witnesses 30 days from fact discovery deadline Any responses or rebuttal reports to expert witness discovery 30 days after exchange of expert discovery Close of expert discovery, including expert depositions 30 days after responses or rebuttal reports Motions for summary judgment and/or Daubert motions 30 days after close of expert discovery Responses to dispositive motions 30 days after dispositive motions deadline If the parties believe there are compelling reasons for bifurcated expert discovery, state them. If bifurcated expert discovery is requested, the template for standard track cases is as follows: Event Description Initial Disclosures Written Discovery Deadline Fact Discovery Deadline Timing Date Certain Date of Completion Flexible. Prior to fact discovery deadline 120 days from the date of the Rule 16 conference Plaintiff(s) shall serve Defendant(s) with curriculum vitae and reports of expert witnesses 30 days from fact discovery deadline Rev. 5/1/2023 Any responses or rebuttal reports to Plaintiff expert witness discovery 30 days after service of Plaintiff expert discovery Defendant(s) shall serve Plaintiff(s) with curriculum vitae and reports of expert witnesses 14 days after service of Plaintiff expert discovery Any responses or rebuttal reports to Defense expert witness discovery 30 days after service of Defense expert discovery Close of expert discovery, including expert depositions 30 days after responses or rebuttal reports to Defense expert discovery Motions for summary judgment and/or Daubert motions 30 days after close of expert discovery Responses to dispositive motions 30 days after dispositive motions deadline Rev. 5/1/2023

=== Order Governing Electronic Discovery ===

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA Plaintiff v. Defendant CIVIL ACTION NO. : : : : : : : ORDER GOVERNING ELECTRONIC DISCOVERY AND NOW, this day of , 20__, following a pretrial conference, it is hereby ORDERED that the following default standards shall apply until such time, if ever, the parties conduct e-discovery on a consensual basis: 1. Exchange of e-discovery materials: Prior to , the parties shall exchange the following information: a. A list of the most likely custodians of relevant electronic materials, including a brief description of each person’s title and responsibilities; b. A list of each relevant electronic system that has been in place at all relevant times and a general description of each system, including the nature, scope, character, organization, and formats employed in each system; c. The parties should also include other pertinent information about their electronic documents and whether those electronic documents are of limited accessibility, that is, those created or used by electronic media no longer in use, maintained in redundant electronic storage media, or for which retrieval involves substantial cost; d. The name of the individual responsible for the party’s electronic document retention policies (“the retention coordinator”); e. A general description of the party’s electronic document retention policies; f. The name of the individual who shall serve as the party’s “e- discovery liaison;” g. A description of any problems reasonably anticipated to arise in connection with e-discovery. 2. E-discovery liaison: No later than , to promote communication and cooperation between the parties, each party shall designate a single individual through whom all e-discovery requests and responses are made (“the e- discovery liaison”). Regardless of whether the e-discovery liaison is an attorney (in- house or outside counsel), a third party consultant, or an employee of the party, he or she must be: a. Familiar with the party’s electronic systems and capabilities in order to explain these systems and answer relevant questions; b. Knowledgeable about the technical aspects of e-discovery, including electronic document storage, organization, and format issues; c. d. Prepared to participate in e-discovery dispute resolutions; and, Responsible for organizing the party’s e-discovery efforts to insure 2 consistency and thoroughness and, generally, to facilitate the e-discovery process. 3. Search methodology: If the parties intend to employ an electronic search to locate relevant electronic documents, the parties shall disclose, within thirty days, any restrictions as to the scope and the method which might affect their ability to conduct a complete electronic search of the electronic documents. The parties shall reach agreement as to the method of searching, and the words, terms, and phrases to be searched with the assistance of the respective e-discovery liaisons, who are charged with familiarity with the parties’ respective systems. The parties also shall reach agreement as to the timing and conditions of any additional searches which may become necessary in the normal course of discovery. To minimize the expense, the parties may consider limiting the scope of the electronic search (e.g., time frames, fields, document types). 4. Timing of e-discovery: Discovery of electronic documents shall proceed in the following sequenced fashion: a. After receiving requests for document production, the parties shall search their documents, other than those identified as limited accessibility electronic documents, and produce responsive electronic documents in accordance with Rule 26(b)(2) of the Federal Rules of Civil Procedure; b. Electronic searches of documents identified as of limited accessibility shall not be conducted until the initial electronic document search has been completed; 3 c. Requests for information expected to be found in limited accessibility documents must be narrowly focused with a factual basis supporting the request; and, d. On-site inspections of electronic media under Rule 34(b) shall not be permitted, absent exceptional circumstances where good cause and specific need have been demonstrated. 5. Format: If the parties cannot agree to the format for document production, electronic documents shall be produced to the requesting party as image files (e.g., PDF or TIFF). When the image file is produced, the producing party must preserve the integrity of the electronic document’s contents, i.e., the original formatting of the document, its metadata and, where applicable, its revision history. After initial production in image file format is complete, a party must demonstrate particularized need for production of electronic documents in their native format. 6. Retention: The parties shall negotiate an agreement that outlines the steps each party shall take to segregate and preserve the integrity of all relevant electronic documents. In order to avoid later accusations of spoliation, a Rule 30(b)(6) deposition of each party’s retention coordinator may be appropriate. The retention coordinators shall: a. Take steps to ensure that e-mail of identified custodians shall not be permanently deleted in the ordinary course of business and that electronic documents 4 maintained by the individual custodians shall not be altered; b. Provide notice as to the criteria used for spam and/or virus filtering of e-mails and attachments; documents filtered out by such systems shall be deemed non-responsive so long as the criteria underlying the filtering are reasonable. Within seven days of identifying the relevant document custodians, the retention coordinators shall implement the above procedures and each party’s counsel shall file a statement of compliance. 7. Privilege: Electronic documents that contain privileged information or attorney work product shall be immediately returned if the documents appear on their face to have been inadvertently produced or if there is notice of the inadvertent production. All copies shall be returned or destroyed by the receiving party. 8. Costs: Generally, the costs of discovery shall be borne by each party. However, the court will apportion the costs of electronic discovery upon a showing of good cause. BY THE COURT: HODGE, KELLEY B., J. 5