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Veridian Credit Union v. Eddie Bauer LLC

United States District Court, W.D. Washington, Seattle

August 25, 2017

VERIDIAN CREDIT UNION, on behalf of itself and a class of similarly situated financial "institutions" Plaintiff,
v.
EDDIE BAUER LLC, Defendant.

          Kim D. Stephens, WSBA #11984 Chase C. Alvord WSBA #26080 TOUSLEY BRAIN STEPHENS PLLC Joseph P. Gugliehno SCOTT䠣, ATTORNEYS AT LAW, LLP Erin G. Comite Stephen J. Teti SCOTT䠣, ATTORNEYS AT LAW, LLP Gary F. Lynch CARLSON LYNCH SWEET KILPELA & CARPENTER, LLP Karen H. Riebel Kate Baxter-Kauf LOCKRIDGE GRINDALNAUEN P.L.L.P. Arthur M. Murray MURRAY LAW FIRM Brian C. Gudmundson ZIMMERMAN REED, LLP Bryan L. Bleichner CHESTNUT CAMBRONNE PA Attorneys for Plaintiff Veridian Credit Union

          Kathleen A. Nelson, WSBA No. 22826 Sarah E. Demaree, WSBA No. 49624 Jon P. Kardassakis, CSBA No. 90602 Dyanne J. Cho, CSBA No. 306190 Gordon J. Calhoun, CSBA No. 84509 LEWIS BRISBOIS BISGAARD & SMITH LLP Attorneys for Defendant Eddie Bauer LLC

          AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND [PROPOSED] ORDER

          HONORABLE JAMES L. ROBART DISTRICT JUDGE.

         The parties hereby stipulate to the following provisions regarding the discovery of electronically stored information ("ESI") in this matter:

         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 discovery 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)(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.

         B. 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. Custodians. A list of 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, 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)(B).

         C. Preservation of ESI

         The parties acknowledge that they have 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 preservation of ESI, the parties agree as follows:

         1. Absent a showing of good cause by the requesting party, the parties shall not be required to modify 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 or control.

         2. All parties shall supplement their disclosures in accordance with Rule 26(e) with discoverable ESI responsive to a particular discovery request or mandatory disclosure where that data is created after a disclosure or response is made (unless excluded under (C)(3) or (D)(1)-(2) below).

         3. Absent a showing of good cause by the requesting party, the following ...


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