Rolling Production of Documents. The Parties must make rolling productions of documents responsive to the Second Requests according to the following schedule: [For Parties using a technology assisted review (“TAR”) process] With the exception of non-privileged documents pulled in good faith due to a preliminary determination of privilege and documents to be redacted for privilege, the Parties must produce all responsive, non-privileged documents no later than thirty (30) days before the Compliance Date. Documents withheld in good faith for privilege review but determined not to be privileged and documents redacted for privilege must be produced no later than ten (10) days before the Compliance Date. If any such production of documents initially withheld for privilege review or redaction includes more than a de minimis5 volume of documents for any single custodian, the producing Party may not certify compliance until thirty (30) days after completion of this production. 4 Addition of these custodians must be approved by the Deputy Assistant Attorney General in charge of the investigation. 5 A production will be deemed de minimis if it constitutes less than five percent (5%) of the number of records in that Party’s total production for that custodian. A complete privilege log must be produced no later than five (5) days before the Compliance Date. [For Parties not using a TAR process] With the exception of non-privileged documents pulled in good faith due to a preliminary determination of privilege and documents to be redacted for privilege, the Parties must produce all responsive, non-privileged documents from the files of Group A Custodians no later than forty-five (45) days before the Compliance Date. The Parties must produce all responsive, non- privileged documents from the files of Group B Custodians no later than thirty (30) days before the Compliance Date. Documents withheld in good faith for privilege review but determined not to be privileged and documents redacted for privilege must be produced no later than twenty (20) days after the relevant document production deadline for each custodian group. If any such production of documents initially withheld for privilege review or redaction includes more than a de minimis6 volume of documents for any single custodian, the producing Party may not certify compliance until, for Group A Custodians, forty-five (45) days after completion of this production, and for Group B Custodians, thirty (30) days after completion of this production. A c...
