Opinion
M.D.L. No. 1285, Misc. No. 99-0197 (TFH).
February 25, 2005
DICKSTEIN SHAPIRO MORIN OSHINSKY LLP, Kenneth L. Adams, Esq., Richard J. Leveridge, Esq., James R. Martin, Esq., Washington, D.C., Liaison Counsel for Direct Action Plaintiffs signing on behalf of all parties.
[Proposed] AMENDED STIPULATED ORDER REGARDING ELECTRONIC SERVICE
WHEREAS, this Court issued an Order on May 17, 2000 authorizing the parties to these consolidated cases to serve documents electronically pursuant to a system maintained and operated by Verilaw Technologies, Inc., and
WHEREAS, LexisNexis CourtLink Inc. ("LNCL") recently acquired Verilaw Technologies, Inc. and, pursuant to that acquisition, seeks to transition the parties to an electronic service system operated by LNCL, and
WHEREAS, LNCL believes that the transition from Verilaw necessitates minor changes to the Order issued May 17, 2000, and
WHEREAS, the parties believe that the electronic service system approved by this Court has proved to be an efficient method of serving documents,
IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, that whenever service is required by the Federal Rules of Civil Procedure, in lieu of the methods set forth in Rule 5(b) any party may "deliver a copy" of the document by following the procedure set forth below.
On the same day that any document is filed, a copy shall be sent to LNCL by electronic transfer or fax transmission. LNCL will upload all documents (all references to "documents" include exhibits, if any) into Adobe PDF electronic format onto an Internet web site maintained by LNCL ("the Vitamins Service website"). Once documents are uploaded to File Serve, the system is designed to deliver the documents to all selected service recipients online immediately. All pleadings will be titled to clearly identify (1) the name of the filing party, (2) the name of the filing law firm, (3) the precise title of the pleading, and (4) the case-specific docket number(s) to which the pleading applies, as entered electronically by the user submitting documents.
Only registered users will be able to access the Vitamins Service website. Registered users will be limited to counsel of record for any party in this consolidated litigation. LNCL will provide each registered user with a username and password to access the Vitamins Service website. Each counsel's password shall be treated as if it were for "attorney's eyes only" pursuant to this Court's Protective Order, issued November 3, 1999 ("the Protective Order"). LNCL will also be bound by the terms of the Protective Order.
Once service is effectuated by a user through LNCL, all registered Vitamins users may elect to receive a courtesy email notification in addition to the automatic online service notification. Counsel for each party is responsible for providing LNCL with an accurate e-mail address. The Vitamins Service website will be designed so that registered users will be capable of changing, deleting, or adding e-mail addresses.
Any party that files a document under seal shall clearly identify the document in its description and on the caption page in bold letters "Filed Under Seal." Parties filing documents under seal shall provide LNCL with both redacted and unredacted copies, as required under the Protective Order. Redacted copies shall be posted on the website and accessible by any registered user. Unredacted copies shall be posted on the website pursuant to the confidential service procedure operated by LNCL.
Any document filed through the procedure outlined above shall certify in the Certificate of Service that a true and correct copy was delivered to all counsel of record by electronic service pursuant to the Court's Order Regarding Electronic Service.
Any document served pursuant to this Order shall be deemed to be served by mail under Federal Rule of Civil Procedure 6(e). For documents that are served by mail pursuant to Federal Rule of Civil Procedure 5(b), rather than electronically as set forth above, the extensions of time set forth in Federal Rule of Civil Procedure 6(e) shall be extended from three calendar to five business days.
SO ORDERED.