United States District Court, W.D. Washington, Seattle
IP LAW GROUP LLP Marc C. Levy, WSBA No. 19203 Thomas A.
Shewmake, Attorneys for Plaintiff
Stephen J. Kennedy, Attorney for Defendants
EPSTEIN DRANGEL LLP Jason M. Drangel (JD 7204) Ashly E. Sands
(AS 7715) Kerry B. Brownlee (KB 0823) Attorneys for
STIPULATED ORDER REGARDING DISCOVERY OF
ELECTRONICALLY STORED INFORMATION
P. DONOHUE CHIEF UNITED STATES MAGISTRATE JUDGE
parties hereby stipulate to the following provisions
regarding the discovery of electronically stored information
(“ESI”) in this matter:
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 discovery
requests and responses raises litigation costs and
contributes to the risk of sanctions.
proportionality standard set forth in Fed. R. Civ. P.
26(b)(1) must 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 possible.
30 days after the Rule 26(f) conference, or at a later time
if agreed to by the parties, each party shall disclose:
1. Custodians. The five 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
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,
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 ...