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Newmark Group, Inc.

United States District Court, D. Nevada

November 4, 2019

NEWMARK GROUP, INC., G&E ACQUISITION COMPANY, LLC, and BGC REAL ESTATE OF NEVADA, LLC, AVISON YOUNG CANADA INC.; AVISON YOUNG USA INC.; AVISON YOUNG -NEVADA, LLC, MARK ROSE, THE NEVADA COMMERCIAL GROUP, JOHN PINJUV, and JOSEPH KUPIEC; DOES 1 through 5; and ROE BUSINESS ENTITIES 6 through 10 FIELD DESCRIPTION ESI Non-ESI (converted to Load Files)

          Todd L. Bice, Esq., Jordan T. Smith, Esq. Pisanelli Bice PLLC and F. Thomas Hecht, Illinois Bar No. 1168606 Tina B. Solis, Illinois Bar No. 6242461 Seth A. Horvath, Illinois Bar No. 6283110 Nixon Peabody LLP Attorneys for Plaintiffs Newmark Group, Inc., G&E Acquisition Company, LLC, and BGC Real Estate of Nevada LLC

          Robert S. Larsen Wing Y. Wong Gordon Rees Scully Mansukhani, LLP and Nathaniel J. Kritzer Steptoe & Johnson LLP Attorneys for Defendants Avison Young (Canada) Inc., Avison Young (USA) Inc., Avison Young- Nevada LLC, Mark Rose, Joseph Kupiec, The Nevada Commercial Group, and John Pinjuv

          STIPULATION REGARDING DISCLOSURE OF ELECTRONICALLY STORED INFORMATION

          ELAYNA J. YOUCHAH, U.S. MAGISTRATE JUDGE

         The undersigned parties, through their respective counsel, stipulate and agree to the terms set forth in this stipulation regarding disclosure of electronically stored information (“Order”):

         1. DEFINITIONS

         The following terms in this Order will have the agreed-upon meanings set forth below:

         (a) Custodian: “Custodian” means a person who has custody and control over electronic information.

         (b) Source: “Source” means all locally accessible physical devices and cloud-based accounts designed to store, transmit or otherwise interact with electronic information. Examples of “Sources” include, but are not limited to, forensic image files, desktop computers, laptop computers, smartphones, file servers, USB drives, DVDs, third party email accounts, social media accounts, and third party cloud file storage services.

         (c) Data: “Data” means electronic information.

         (d) Deduplication (“Deduping”): “Deduplication” means the process of comparing electronic records based on their MD5 Hash Value or equivalent and removing and identifying, to the extent possible, duplicate records within the data set.

         (e) Document Number: “Document Number” means a legible, unique page identifier. Each file must be unique and match the Bates number of the page. The file name should not contain any blank spaces and should be zero padded (for example ABC0000001).

         (f) Documents of Limited Accessibility: “Documents of Limited Accessibility” are Data that are not reasonably accessible and may include Electronic Information created or used by electronic media no longer in use, maintained in redundant electronic-storage media, or for which retrieval involves substantial cost.

         (g) Electronic Information: “Electronic Information” means information stored in electronic media, including network drives and email servers.

         (h) Email: “Email” means an electronic means for communicating information under specified conditions, generally in the form of text, through systems that will send, store, process, and receive information and in which messages are held in storage until the addressee accesses them.

         (i) Format: “Format” means the internal structure of a file that defines the way the file is stored and used.

         (j) Keyword Search: “Keyword Search” means a search of the text of Electronic Information for one or more words or sets of characters or numbers that are specified by a user.

         (k) Load File: “Load File” means a file that relates to a set of scanned images and indicates where individual pages belong together as documents. A load file may also contain data relevant to the individual documents (e.g., metadata or coded data).

         (l) Metadata: “Metadata” means information about a particular data set or document that describes, among other things, how, when, and by whom it was created, accessed, modified, sent, and received, and how it is formatted.

         (m) Native Format: “Native Format” means the file structure of Electronic Information defined by the original creating application.

         (n) Online Repository: “Online Repository” means a secure database of documents that makes documents accessible, searchable, and reviewable via the Internet.

         (o) Parties or Party: “Party” or “Parties” means each Party to this Litigation. The Parties in this action share significant overlap with the parties to the actions listed on Exhibit B to the Protective Order entered on August 31, 2017 (ECF No. 110), as modified on July 18, 2018 (ECF No. 163), and nothing in this Order will restrict the Parties to this Litigation from working in concert to ...


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