United States District Court, D. Nevada
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)
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
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
J. YOUCHAH, U.S. MAGISTRATE JUDGE
undersigned parties, through their respective counsel,
stipulate and agree to the terms set forth in this
stipulation regarding disclosure of electronically stored
following terms in this Order will have the agreed-upon
meanings set forth below:
Custodian: “Custodian” means a
person who has custody and control over electronic
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.
Data: “Data” means electronic
“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.
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).
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.
Electronic Information: “Electronic
Information” means information stored in electronic
media, including network drives and email servers.
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.
Format: “Format” means the
internal structure of a file that defines the way the file is
stored and used.
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.
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).
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
Native Format: “Native Format”
means the file structure of Electronic Information defined by
the original creating application.
Online Repository: “Online
Repository” means a secure database of documents that
makes documents accessible, searchable, and reviewable via
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 ...