IN RE RESTASIS (CYCLOSPORINS OPTHALMIC EMULSION) ANTITRUST LITIGATION 18-MD-2819 (NG) (LB) United States District Court, E.D. New York Filed June 04, 2018 Signed May 31, 2018 Gershon, Nina, United States District Judge ORDER ON ELECTRONICALLY STORED INFORMATION (“ESI”) PROTOCOL *1 The parties raise two disputes regarding their proposed protocol for production of Electronically Stored Information. The first is whether a party should be permitted to redact competitively sensitive portions of responsive documents that it determines are not relevant. The second is whether a prevailing party should be permitted to recover costs of converting native files into TIFF format if the opposing party was willing to accept production of the files in native format, and did not require the prevailing party to convert them to TIFF. For substantially the reasons stated in plaintiffs' letter (Docket no. 74-5), I agree that a party should not be permitted to unilaterally decide to redact portions of a responsive document because it determines that they are competitively sensitive and not relevant. As to the issue regarding costs of conversion into TIFF, plaintiffs have agreed to bear their own costs of conversion if they choose to convert, and they expressly waive any right to seek costs for the conversion. If defendant chooses to convert its productions to TIFF files, when plaintiffs, as they have indicated, are willing to accept production in native format, then defendant also will bear its own costs for its voluntary choice to convert to TIFF and those costs will not be taxable if they prevail. The parties are directed to submit a revised ESI protocol that conforms to this order by June 8, 2018. As per the parties' agreement, the June 20, 2018 status conference is adjourned to July 26, 2018 at 10:30 a.m. and will be combined with oral argument on defendant’s motions to dismiss. SO ORDERED.