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Northwest Home Designing, Inc. v. PRH, LLC

United States District Court, W.D. Washington

May 31, 2017

NORTHWEST HOME DESIGNING, INC., a Washington corporation, Plaintiff,
v.
PRH, LLC, d/b/a PACIFIC RIDGE HOMES, a Washington limited liability company, D.R. HORTON, INC., a Delaware corporation Defendants.

          FOSTER PEPPER PLLC Lauren King, WSBA No. 40939

          NEWMAN DU WORS LLP Derek A. Newman, WSBA No. 26967

          COATS & BENNETT, PLLC David E. Bennett, Anthony J. Biller, Attorneys for Defendants

          STIPULATED MOTION AND PROPOSED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION

         I. GENERAL PROVISIONS FOR ESI DISCOVERY

         A. General Principles:

         1. An 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.

         2. The 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.

         3. The 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.

         B. Standard for ESI Disclosures:

         Within 30 days after the Rule 26(f) conference, or at a later time if agreed to by the parties, each party shall disclose:

         1. 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 his/her control.

         2. Non-custodial data sources. A list of non-custodial data sources (e.g. shared drives, servers, etc.), if any, likely to contain discoverable ESI.

         3. 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.

         4. 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.

         C. Standard for Preservation of ESI:

         A party 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:

         1. 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 or ...


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