United States District Court, W.D. Washington, Seattle
G. JARRARD Law Office of Thomas G. Jarrard, PLLC Attorneys
M. BOWMAN, Assistant City Attorney Seattle.
AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY
STORED INFORMATION AND [PROPOSED]
HONORABLE JAMES L. ROBART, UNITED STATES DISTRICT 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:
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 his/her
Non-custodial Data Sources.
of non-custodial data sources (e.g. shared drives, servers,
etc.), if any, likely to contain discoverable ESI.
Third-Party Data Sources.
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