United States District Court, W.D. Washington
NORTHWEST HOME DESIGNING, INC., a Washington corporation, Plaintiff,
PRH, LLC, d/b/a PACIFIC RIDGE HOMES, a Washington limited liability company, D.R. HORTON, INC., a Delaware corporation Defendants.
PEPPER PLLC Lauren King, WSBA No. 40939
DU WORS LLP Derek A. Newman, WSBA No. 26967
& BENNETT, PLLC David E. Bennett, Anthony J. Biller,
Attorneys for Defendants
STIPULATED MOTION AND PROPOSED ORDER RE: DISCOVERY OF ELECTRONICALLY
GENERAL PROVISIONS FOR ESI DISCOVERY
attorney's zealous representation of a client is not
compromised by conducting discovery in a cooperative manner.
The failure of counsel or the parties to litigation to
cooperate in facilitating and reasonably limiting discover
requests and responses raises litigation costs and
contributes to the risk of sanctions.
proportionality standard set forth in Fed.R.Civ.P.
26(b)(2)(C) should be applied in each case when formulating a
discovery plan. To further the application of the
proportionality standard in discovery, requests for
production of ESI and related responses should be reasonably
targeted, clear and as specific as practicable.
parties agree to work collaboratively and in good faith
regarding the production of ESI. The parties agree to
preserve originals of documents or other information that is
produced through the course of litigation, including ESI. The
parties agree to work together to reach agreement on limits
to the scope of production of ESI, including the use of date
restrictions, key word terms, and file types.
Standard for ESI Disclosures:
30 days after the Rule 26(f) conference, or at a later time
if agreed to by the parties, each party shall disclose:
Custodian. The custodians most likely to have
discoverable ESI in their possession, custody or control. The
custodians shall be identified by name, title, connection to
the instant litigation, and the type of the information under
Non-custodial data sources. A list of non-custodial
data sources (e.g. shared drives, servers, etc.), if any,
likely to contain discoverable ESI.
Third Party Data Sources. A list of third party data
sources, if any, likely to contain discoverable ESI (e.g.,
third party email and/or mobile device providers,
"cloud" storage, etc.) and for each such source,
indicate the extent to which a party is (or is not) able to
preserve information stored in the third party data source.
Inaccessible Data. A list of data sources, if any,
likely to contain discoverable ESI (by type, date, custodian,
electronic system or other criteria sufficient to
specifically identify the data source) that a party asserts
is not reasonably accessible under Fed.R.Civ.P.
26(b)(2)(C)(i). Note: Section C(2)(a)-(h) below sets forth
data sources and ESI which are not required to be preserved
by the parties. Those data sources and ESI do not need to be
included on this list.
Standard for Preservation of ESI:
has a common law obligation to take reasonable and
proportional steps to preserve discoverable information in
the party's possession, custody or control. With respect
to ESI, the following provisions apply:
Absent a showing of good cause by the requesting party, the
parties shall not be required to modify, on a going-forward
basis, the procedures used by them in the ordinary course of
business to back up and archive data; provided, however, that
the parties shall preserve all discoverable ESI in their
possession, custody and control. All parties shall supplement
their disclosures in accordance with Rule 26(e) with
discoverable ESI responsive to a particular discovery request