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Microtouch, L.L.C. v. Doyle

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

December 19, 2017

MICROTOUCH, L.L.C. and 30/10 WEIGHT LOSS, LLC, Plaintiffs,
v.
PAIGE DOYLE, AWAKEN 180 INC., NEWTON WEIGHTLOSS, LLC, PEABODY WEIGHTLOSS, LLC AND QUINCY WEIGHTLOSS, LLC, Defendants. PAIGE DOYLE, AWAKEN 180 INC., NEWTON WEIGHTLOSS, LLC, PEABODY WEIGHTLOSS, LLC AND QUINCY WEIGHTLOSS, LLC, Counterclaimants/Third Party Plaintiffs
v.
MICROTOUCH, L.L.C. and 30/10 WEIGHT LOSS, LLC, Counterclaim Defendants and DR. ROCCO NELSON, an individual; and DR LINDA DEGROOT and their marital community; and one or more JOHN DOES, currently not known to Third Party Plaintiffs, Third Party Defendants

          For Plaintiffs/Counterclaim-Defendants MICROTOUCH, L.L.C. and 30/10 WEIGHT LOSS, LLC Kim D. Stephens Janissa A. Strabuk Noelle L. Chung TOUSLEY BRAIN STEPHENS PLLC Kim D. Stephens, WSBA #11984 Janissa A. Strabuk, WSBA #21827 Noelle L. Chung, WSBA #51377 And Bradley P. Thoreson FOSTER PEPPER PLLC Bradley P. Thoreson, WSBA No. 18190

          For Third-Party Defendant DR. LINDA DEGROOT Kim D. Stephens Janissa A. StrabukNoelle L. Chung TOUSLEY BRAIN STEPHENS PLLC Kim D. Stephens, WSBA #11984 Janissa A. Strabuk, WSBA #21827 Noelle L. Chung, WSBA #51377

          For Third-Party Defendant DR. ROCCO NELSON Bradley P. Thoreson FOSTER PEPPER PLLC Bradley P. Thoreson, WSBA No. 18190

          For Defendants/Counterclaimants/Third-Party Plaintiffs PAIGE DOYLE, AWAKEN 180 INC., NEWTON WEIGHTLOSS, LLC PEABODY WEIGHTLOSS, LLC QUINCY WEIGHTLOSS, LLC Howard E. Bundy BUNDY LAW FIRM PLLC Howard E. Bundy, WSBA #11762 WITMER, KARP, WARNER & RYAN LLP Eric H. Karp, BBO #260280 Ari N. Stern, BBO #672442

          AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND ORDER

          HONORABLE MARSHA J. PECHMAN, 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 14 days after the Court issues a Case Scheduling Order, or at a later time if agreed to by the parties, each party shall disclose:

         1. Custodians. The ten 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, the type of the information under his/her control; and the likely sources of their ESI (including, for example, hard drive, laptop, mobile devices, cloud storage, and other cloud sources on or in which such ESI may be stored).

         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 ...


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