FILED: NEW YORK COUNTY CLERK 03/31/ :28 PM INDEX NO /2016 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 03/31/2017

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1 FILED NEW YORK COUNTY CLERK 03/31/ PM INDEX NO /2016 NYSCEF DOC. NO. 54 RECEIVED NYSCEF 03/31/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK PART RUSHBURY LIMITED and SIMON MURRAY, - against Plaintiff(s), CHAIM ZABLUDOWICZ, TAMARES REAL ESTATE HOLDINGS, INC., 1500 BROADWAY INVESTMENT ASSOCIATES LP, PADC OFFICE, INC., ZAPCO BROADWAY LP, TAMARES 1500 REALTY LLC, ZAPCO 1500 INVESTMENT LP, INTERTECH 1500 CO. LLC, TSP SIGNS COMPANY LLC, and HARRY BRAUNSTEIN, Defendant(s) X X Index No /2016 STIPULATION CONCERNING THE PRODUCTION OF ELECTRONIC DOCUMENTS Hon. Marcy S. Friedman, J.S.C. IT IS HEREBY AGREED, by and between the respective attorneys for Plaintiffs Rushbury Limited and Simon Murray (together, Plaintiffs ), and Defendants Chaim Zabludowicz, Tamares Real Estate Holdings, Inc., 1500 Broadway Investment Associates LP, PADC Office, Inc., Zapco Broadway LP, Tamares 1500 Realty LLC, Zapco 1500 Investment LP, Intertech 1500 Co. LLC, TSP Signs Company LLC, and Harry Braunstein, Esq. (together, Defendants ) that the following protocol shall govern electronic discovery in this matter. 1. The parties shall produce responsive, non-privileged electronic documents, including electronic mail ( ) and other electronically-stored information, in accordance with the protocol set forth below. For good cause, this protocol may be modified or supplemented as discovery progresses by agreement of the parties or upon application to the Court after discussion by the parties. 1 of 5

2 FILED NEW YORK COUNTY CLERK 03/31/ PM INDEX NO /2016 NYSCEF DOC. NO. 54 RECEIVED NYSCEF 03/31/ With respect to electronic documents, the parties shall produce all responsive documents as black-and-white Group IV Single-Page TIFFs (300 DPI). The parties reserve the right to produce, and to request production of, files in color, on a document-by document basis, if needed and not unduly burdensome. Image file names should match the page identifier for that specific image and end with the.tif (or, if needed,.jpg) extension. Image files shall be produced in a directory named IMAGES. An IPRO load file ( LFP ) or Opticon load file ( OPT ) must be provided. 3. For documents that were originally stored as native electronic files and that do not have redactions, the extracted, full text from the body of the document will be produced in a separate document standalone.txt file. For documents that were originally stored as native electronic files and that have redactions, OCR text will be produced in a separate document standalone.txt file. Such document level text files shall be named for the Bates number corresponding to the first page of the document. Text files shall be produced in a directory named TEXT. 4. For documents produced natively, the parties shall create a single-page placeholder sheet bearing the text Produced in Native Format with the bates number and, where applicable, the confidentiality designation. Native files must be organized in a separate directory named NATIVES. The load file should contain a field called NATIVE with the path to the corresponding native file. Documents the parties produce in their native formats should be labeled, to the extent practicable, by assigning a Bates number as a filename (e.g., ABC xls). 5. Excel spreadsheets and other files that cannot be imaged in a useful manner should be produced in native format to enable the parties to review those files, unless they have 2 2 of 5

3 FILED NEW YORK COUNTY CLERK 03/31/ PM INDEX NO /2016 NYSCEF DOC. NO. 54 RECEIVED NYSCEF 03/31/2017 redactions, in which case they will be produced in TIFF format. If any redacted Excel file is produced in TIFF format, any hidden data in the Excel file will be revealed prior to conversion to TIFF and redaction. If there are non-printable files in the production set (e.g.,.mpg,.wav,.mdb, etc.) they should be produced as native files. 6. Any party may seek supplemental production of native files for any produced images that are deemed unusable, unsearchable, or unduly burdensome. 7. When collecting and producing electronic documents, the parties shall maintain parent-child relationships, meaning that, if the search terms hit a responsive but not its attachment, the attachment must still be produced (subject to withholding based on privilege). Equally, if the search terms hit a responsive attachment, but not the to which the attachment is affixed, the must still be produced (subject to withholding based on privilege). 8. To the extent the parties respective document custodians know of responsive documents that fall outside the scope of the search terms, the parties will collect and produce those documents. 9. For and all other electronic documents, a Concordance or Relativity load file must be delivered with the requested fields and metadata as shown in the table below. If specific fields cannot be provided for a particular document, the field should be left blank. The delimiters for the load file must be Concordance or Relativity default delimiters Comma ASCII character 20 Quote ASCII character 254 Newline ASCII character of 5

4 FILED NEW YORK COUNTY CLERK 03/31/ PM INDEX NO /2016 NYSCEF DOC. NO. 54 RECEIVED NYSCEF 03/31/2017 Field BegProd EndProd BegProdAtt EndProdAtt PageCount Custodian(s) Author TO CC BCC Subject DocSubject DocTitle DocType Date Sent Time Sent Date Received Time Received Date Created Time Created Date Last Modified Time Last Modified FolderPath OrigFilename LastAuthor MD5Hash Confidentiality TextPath NativePath Description Bates number corresponding to the first page of the document. Bates number corresponding to the last page of the document. Bates number corresponding to the first page of a document family. Bates number corresponding to the last page of a document family. Number of pages/images for the document. Name of the person(s) from whom file is produced. The author of the document or Sender of The recipient(s) of the document/ . The individuals copied on the document/ , if any. The individuals blind copied on the , if any. The subject of an . The title of a Microsoft office document. The title of an Adobe Portable Document Type of document, such as Microsoft Word, Adobe Portable Document Format, Microsoft Excel. The date an was sent. The time an was sent. The date an was received. The time an was received. The date the file was created, if available. The time the file was created, if available. The date the file was last modified, if available. The time the file was last modified, if available. The folder path the document is stored in. The original name of the document. The individual who last modified the document. MD5HASH of electronic files. The confidentiality assigned pursuant to a protective order. Path to the records corresponding text file. Do not include actual text in load files. The file path that the corresponding production Native file resides in. 10. For s, parties may de-duplicate globally. Each party will disclose the methodology it used to de-duplicate (e.g., MD5 Hashing, SHA-1). For all documents on which 4 4 of 5

5 FILED NEW YORK COUNTY CLERK 03/31/ PM INDEX NO /2016 NYSCEF DOC. NO. 54 RECEIVED NYSCEF 03/31/2017 dl'-duplication has been applied, the "Custodian(s)" field will include all or the custodian s that hncl possession or I he document. Dated. New York, New York March 31, 2017 l/4~~~ -, 4_~-JLL~ Ntitcbel1 A. Karl / Jonalhan D. Fmtney Jessica C. Bcnvcnisty G18SON. DUNN & CRUTCHER LLP 200 Park Avenue, 47th Floor New York, New York mkarlan@gibsondunn.com jbcnvenisty@gibsondunn.com (t) (2 I 2) (t) (212) Attorneys/or Plaintiffs Rushbury Limited and Simo11 Murroy Marc De Leeuw Stephen H. 0. Clarke Samuel P. Rothschild SULLIVAN & CROMWELL LLP 125 Broad Street New York, NY delceuwm@sullcrom.com clarkest@sullcrom.com rothschilds@sullcrom.com (t) (212) (t) (212) Attorneys.for Defendants Chairn Zabludowicz, Tmnare,, Real Estate Iloldings, Inc., 1500 Broadway Investment Associates LP, PADC Offire, Inc., Zapco Broadway LfJ, Tamares 1500 Realty LLC, 'Lapco 1500 Investment LP, fnlertech 1500 Co. LLC, ~ti r;;p Signs Company LLC ( ~ A J ~ K.Anesh Crisfiim R. Yannucci Conor V. McDonald LEWIS BRISBOIS BISGAARD & SMITH LLP 77 Water Street, Suite 2100 New York, NY murk.ancsh@lcwisbrisbois.com cristina.yannucci@lewisbrisbois.com conor.mcdonald@lewisbrisbois.com (t) (212) (t) (212) I Atrorneysfor Defendant Hany Braunstein, 1~ sq. 5 5 of 5

Lexbe Sample ediscovery Order. ESI Discovery Order

Lexbe Sample ediscovery Order. ESI Discovery Order Lexbe Sample ediscovery Order This sample forms is provided as a courtesy by Lexbe for use by experienced attorneys as is, and should be customized for the particular jurisdiction, case, court, and circumstances.