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SUPREME COURT OF THE STATE OF NEW YORK.
COUNTY OF NEW YORK
x
KENNETH SITOMER, : Index No. 650626/2014
Plaintiff, :
v. : JOINT PROTOCOL FOR
: ‘THE DISCOVERY OF
RONALD FELDSTEIN, ROBYN MARA FELDSTEIN, : ELECTRONICALLY
CLIFFORD E. FELDSTEIN, WENDY FELDSTEIN, : STORED
MARA CAPITAL MANAGEMENT LLC, : INFORMATION
TRADEMORE CAPITAL MANAGEMENT LLC, and
JNG CONSULTING LLC,
Defendants.
xX
LINTRODUCTION
The purpose of this Joint Protocol for the Discovery of Electronically Stored Information
(“ESI”) is to facilitate the fair, efficient, and inexpensive conduct of discovery in the above-
captioned action and to promote, whenever possible, the resolution of disputes regarding the
discovery of documents without Court intervention. While this Protocol is intended to provide
the Parties with a comprehensive framework to address and resolve a wide range of issues, it is
not intended to be an inflexible checklist and is subject to change as more information becomes
available to the Parties through discovery.
H. DEFINITIONS
A. As used herein, “ESI” includes, but is not limited to, emails and attachments,
voice mail, text messages, instant messaging and other electronic communications, word
processing documents, text files, hard drives, spreadsheets, graphics, audio and video files,
databases, calendars, telephone logs, transactions logs, Internet usage files, offline storage or
information stored on removable media, information contained on laptops or other portable
devices and network access information and backup materials, Native Files and the
corresponding Metadata which is ordinarily maintained.
B. As used herein, the term "Metadata" means: (i) information embedded in a
Native File that is not ordinarily viewable or printable from the application that generated,
edited, or modified such Native File; and (ii) information generated automatically by the
operation of a computer or other information technology system when a Native File is
created, modified, transmitted, deleted, sent, received or otherwise manipulated by a user of
such system. Metadata is a subset of ESI.
Cc. As used herein, the term "Native File(s)" means ESI in the electronic formatof the application in which such ESI was created, viewed and/or modified. Native Files are
a subset ofESI.
D. —_ Asused herein, the term "Load File” means a file that relates to a set of
scanned or electronic images or electronically processed files that indicate where individual
pages or files belong together as documents, including attachments, and where each
document begins and ends. A Load File may also contain data relevant to the individual
documents, such as Metadata, coded data, text, and the like.
E. As used herein, the term "Static Image(s)" means a representation of EST
produced by converting a Native File into a standard image format capable of being viewed
and printed on standard litigation support software. (E.g., Tagged Image File Format/TIFF,
files or Portable Document Format/PDF file.)
iM], DUTIES OF PRESERVATION
A. For the relevant period, June 2008 to the present, relating to the issues in
this litigation, each Party shall have previously, and to the extent not completed, immediately
take all reasonable steps (including suspending aspects of ordinary computer processing
and/or backup of data that may compromise or destroy ESI) necessary to maintain and
preserve such ESI as may be (i) relevant to the parties' claims and/or defenses, or (ii)
reasonably calculated to lead to the discovery of admissible evidence, including but not
limited to all such ESI data generated by and/or stored on the party's computer system(s)
and/or any computer system and storage media (i.e., internal and external hard drives, hard
disks, floppy disks, memory sticks, flash drives and backup tapes), under the party's
possession, custody and/or control. The failure to have timely complied with such obligations
may result in appropriate sanctions or such other relief as the court may be authorized to
impose or award, including but not limited to precluding use of evidence, taking adverse
inferences, and/or rendering judgment in whole or part against the offending party(ies).
B. To the extent not already complied, counsel for the Parties will take such
steps as are necessary to advise their respective clients, including, but not limited to, "key
persons" with respect to the facts underlying the litigation, in order to: a) continue preserving
relevant or discoverable documents while this action is pending; b) determine where
potentially relevant or discoverable documents are maintained; c) identify those personnel
who may be considered "key persons" by the events placed in issue by the lawsuit and
determine their document retention practices.
IV. FORM OF PRODUCTION
A. In recognition of the cost of email production and the fact that some of the parties
are individuals with limited financial resources, the parties shall produce ESI by printing the
relevant and responsive ESI documents and bates stamping them. To the extent that any
information on an email is not produced when printed, such as the cc: (copy) and bee: (blind
copy), the parties will convert the email into a format such as a PDF that contains and prints the
non-printed information.B. The Parties agree to produce spreadsheets and PowerPoint presentations in
Native File format. These files shall be assigned a filename with a Bates number.
c. The parties shall produce ESI on Flash/USB drives, DVD, or by file transferring
service such as Leapfile.
D. The Producing Party shall not reformat, scrub or alter the ESI to intentionally
downgrade the usability of the data.
E. The following metadata fields are required for E-mail messages: a) to; b)
from; c) CC; d) BCC; e) subject; and f) sent time.
F. If a color image is produced in black and white, the receiving party may
request the Producing Party to produce the original color image. After receiving such a
request for color production, the Parties wil! meet and confer on a reasonable and cost effective
means of providing the requested documents,
V. PRODUCTION
A. The parties shall produce all ESI on or about September 5, 2014.
B. The parties shall produce all ESI between Plaintiff Kenneth Sitomer and any of the
Defendants.
Cc. The parties shall produce all ESI between themselves and any co-defendant and third
party containing the following search terms:
“Mara,”™‘Trademore,”“JNG,”™‘Sitomer,” “Ken,”“KeyOn,”“note,”
“promissory,‘check,”“deposit,”“bank,”“account,”™ credit card,”
“Crowell,” “Moring,”™“‘Isle of Man,‘Atlantic City,” “safe,” “Interlink,”
“TUSNE,”™‘Crane,"“Chase,”"“Lou,”™* Weitz,”"“Berman,’"*Morgan,”
“arbitration,”“Direxion,”“FAS, settlement, *SEC,”™ ‘Vita, “Wachovia,”
“Credit Suisse, “‘free-riding, “Sod,” Paul,’“PHI,”™‘Murray, “Sidney,”
“Berstein,’“Professional Health,’“Westhampton,” “criminal,”
“enforcement,” and “securities.”
D. The parties shall produce all relevant emails (including messages to and from),
but not limited to, the following email addresses:
ksitomer@yahoo.com, rfeldstein@law.fordham.edu, rmfeldstein@gmail.com,
maral717@aol.com, ronny.feldstein@gmail.com, Louis@w-wcpas.com,
scott@scottycpa.com, cfeldstein@crosstaretwork.com
E. The parties shall provide any relevant ESI contained in voicemail messages, text
messages, or instant messenger application messages sent to or from any of the parties or any
third party.F. The parties shall provide any relevant ESI contained as word processing
documents, spreadsheets, text files, PDF files, image files, slideshows (including PowerPoint
files), or audio or video files.
G. The parties shall provide all other relevant ESI contained in any media, but
not limited to: electronic communications, hard drives, graphics, databases, calendars,
telephone logs, transaction logs, Internet usage files, offline storage or information stored on
removable media, information contained on laptops or other portable devices, network access
information and backup materials, Native Files, and the corresponding metadata that is
ordinarily maintained.
VI. COSTS
The Producing Party shall bear all costs of producing its ESI. The Producing Party shall be
able to request that the Requesting Party bear costs of production where such costs of production or
retrievable are unreasonably substantial. If Requesting Party will not bear the cost the parties should
seek the courts assistance or mediation.
Vil. PRIVILEGE
A. Inadvertent or unintentional production of ESI containing information that is
subject to the attorney-client privilege, work product protection, or other generallyrecognized
privilege shall not be deemed a waiver in whole or in part of such privilege.By:
. Sullivan, Esq.
OFFICES OF JOSEPH
SULLIVAN, PLLC
40 Wall Street, 28" Floor
New York, NY 10005
Phone: (646) 233-1178
Email: js@josephsullivanlaw.com
Attorneys for Plaintiff
. Graziadei, Esq.
M. GRAZIADEL, P.C.
130 Water Street, Suite 10B
New York, NY 10005
Phone: (212) 785-0885
Email: grazlaw78@gmail.com
Attorney for Defendant
Clifford E. Feldstein
ley, Esq.
$21 Fifth\4venue, 32" Floor
New York, 10175
Phone: (212) 931
Email: jdalleyesq@gmail.com
Attorney for Defendant
Robyn Mara Feldstein
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SUPREME COURT OF THE STATE OF NEW YORK. COUNTY OF NEW YORK x KENNETH SITOMER, : Index No. 650626/2014 Plaintiff, : v. : JOINT PROTOCOL FOR : ‘THE DISCOVERY OF RONALD FELDSTEIN, ROBYN MARA FELDSTEIN, : ELECTRONICALLY CLIFFORD E. FELDSTEIN, WENDY FELDSTEIN, : STORED MARA CAPITAL MANAGEMENT LLC, : INFORMATION TRADEMORE CAPITAL MANAGEMENT LLC, and JNG CONSULTING LLC, Defendants. xX LINTRODUCTION The purpose of this Joint Protocol for the Discovery of Electronically Stored Information (“ESI”) is to facilitate the fair, efficient, and inexpensive conduct of discovery in the above- captioned action and to promote, whenever possible, the resolution of disputes regarding the discovery of documents without Court intervention. While this Protocol is intended to provide the Parties with a comprehensive framework to address and resolve a wide range of issues, it is not intended to be an inflexible checklist and is subject to change as more information becomes available to the Parties through discovery. H. DEFINITIONS A. As used herein, “ESI” includes, but is not limited to, emails and attachments, voice mail, text messages, instant messaging and other electronic communications, word processing documents, text files, hard drives, spreadsheets, graphics, audio and video files, databases, calendars, telephone logs, transactions logs, Internet usage files, offline storage or information stored on removable media, information contained on laptops or other portable devices and network access information and backup materials, Native Files and the corresponding Metadata which is ordinarily maintained. B. As used herein, the term "Metadata" means: (i) information embedded in a Native File that is not ordinarily viewable or printable from the application that generated, edited, or modified such Native File; and (ii) information generated automatically by the operation of a computer or other information technology system when a Native File is created, modified, transmitted, deleted, sent, received or otherwise manipulated by a user of such system. Metadata is a subset of ESI. Cc. As used herein, the term "Native File(s)" means ESI in the electronic formatof the application in which such ESI was created, viewed and/or modified. Native Files are a subset ofESI. D. —_ Asused herein, the term "Load File” means a file that relates to a set of scanned or electronic images or electronically processed files that indicate where individual pages or files belong together as documents, including attachments, and where each document begins and ends. A Load File may also contain data relevant to the individual documents, such as Metadata, coded data, text, and the like. E. As used herein, the term "Static Image(s)" means a representation of EST produced by converting a Native File into a standard image format capable of being viewed and printed on standard litigation support software. (E.g., Tagged Image File Format/TIFF, files or Portable Document Format/PDF file.) iM], DUTIES OF PRESERVATION A. For the relevant period, June 2008 to the present, relating to the issues in this litigation, each Party shall have previously, and to the extent not completed, immediately take all reasonable steps (including suspending aspects of ordinary computer processing and/or backup of data that may compromise or destroy ESI) necessary to maintain and preserve such ESI as may be (i) relevant to the parties' claims and/or defenses, or (ii) reasonably calculated to lead to the discovery of admissible evidence, including but not limited to all such ESI data generated by and/or stored on the party's computer system(s) and/or any computer system and storage media (i.e., internal and external hard drives, hard disks, floppy disks, memory sticks, flash drives and backup tapes), under the party's possession, custody and/or control. The failure to have timely complied with such obligations may result in appropriate sanctions or such other relief as the court may be authorized to impose or award, including but not limited to precluding use of evidence, taking adverse inferences, and/or rendering judgment in whole or part against the offending party(ies). B. To the extent not already complied, counsel for the Parties will take such steps as are necessary to advise their respective clients, including, but not limited to, "key persons" with respect to the facts underlying the litigation, in order to: a) continue preserving relevant or discoverable documents while this action is pending; b) determine where potentially relevant or discoverable documents are maintained; c) identify those personnel who may be considered "key persons" by the events placed in issue by the lawsuit and determine their document retention practices. IV. FORM OF PRODUCTION A. In recognition of the cost of email production and the fact that some of the parties are individuals with limited financial resources, the parties shall produce ESI by printing the relevant and responsive ESI documents and bates stamping them. To the extent that any information on an email is not produced when printed, such as the cc: (copy) and bee: (blind copy), the parties will convert the email into a format such as a PDF that contains and prints the non-printed information.B. The Parties agree to produce spreadsheets and PowerPoint presentations in Native File format. These files shall be assigned a filename with a Bates number. c. The parties shall produce ESI on Flash/USB drives, DVD, or by file transferring service such as Leapfile. D. The Producing Party shall not reformat, scrub or alter the ESI to intentionally downgrade the usability of the data. E. The following metadata fields are required for E-mail messages: a) to; b) from; c) CC; d) BCC; e) subject; and f) sent time. F. If a color image is produced in black and white, the receiving party may request the Producing Party to produce the original color image. After receiving such a request for color production, the Parties wil! meet and confer on a reasonable and cost effective means of providing the requested documents, V. PRODUCTION A. The parties shall produce all ESI on or about September 5, 2014. B. The parties shall produce all ESI between Plaintiff Kenneth Sitomer and any of the Defendants. Cc. The parties shall produce all ESI between themselves and any co-defendant and third party containing the following search terms: “Mara,”™‘Trademore,”“JNG,”™‘Sitomer,” “Ken,”“KeyOn,”“note,” “promissory,‘check,”“deposit,”“bank,”“account,”™ credit card,” “Crowell,” “Moring,”™“‘Isle of Man,‘Atlantic City,” “safe,” “Interlink,” “TUSNE,”™‘Crane,"“Chase,”"“Lou,”™* Weitz,”"“Berman,’"*Morgan,” “arbitration,”“Direxion,”“FAS, settlement, *SEC,”™ ‘Vita, “Wachovia,” “Credit Suisse, “‘free-riding, “Sod,” Paul,’“PHI,”™‘Murray, “Sidney,” “Berstein,’“Professional Health,’“Westhampton,” “criminal,” “enforcement,” and “securities.” D. The parties shall produce all relevant emails (including messages to and from), but not limited to, the following email addresses: ksitomer@yahoo.com, rfeldstein@law.fordham.edu, rmfeldstein@gmail.com, maral717@aol.com, ronny.feldstein@gmail.com, Louis@w-wcpas.com, scott@scottycpa.com, cfeldstein@crosstaretwork.com E. The parties shall provide any relevant ESI contained in voicemail messages, text messages, or instant messenger application messages sent to or from any of the parties or any third party.F. The parties shall provide any relevant ESI contained as word processing documents, spreadsheets, text files, PDF files, image files, slideshows (including PowerPoint files), or audio or video files. G. The parties shall provide all other relevant ESI contained in any media, but not limited to: electronic communications, hard drives, graphics, databases, calendars, telephone logs, transaction logs, Internet usage files, offline storage or information stored on removable media, information contained on laptops or other portable devices, network access information and backup materials, Native Files, and the corresponding metadata that is ordinarily maintained. VI. COSTS The Producing Party shall bear all costs of producing its ESI. The Producing Party shall be able to request that the Requesting Party bear costs of production where such costs of production or retrievable are unreasonably substantial. If Requesting Party will not bear the cost the parties should seek the courts assistance or mediation. Vil. PRIVILEGE A. Inadvertent or unintentional production of ESI containing information that is subject to the attorney-client privilege, work product protection, or other generallyrecognized privilege shall not be deemed a waiver in whole or in part of such privilege.By: . Sullivan, Esq. OFFICES OF JOSEPH SULLIVAN, PLLC 40 Wall Street, 28" Floor New York, NY 10005 Phone: (646) 233-1178 Email: js@josephsullivanlaw.com Attorneys for Plaintiff . Graziadei, Esq. M. GRAZIADEL, P.C. 130 Water Street, Suite 10B New York, NY 10005 Phone: (212) 785-0885 Email: grazlaw78@gmail.com Attorney for Defendant Clifford E. Feldstein ley, Esq. $21 Fifth\4venue, 32" Floor New York, 10175 Phone: (212) 931 Email: jdalleyesq@gmail.com Attorney for Defendant Robyn Mara Feldstein