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Price v. Equilon Enterprises Llc

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

February 14, 2018

RACHEL A. PRICE, an individual; and TESSA V. GEHARDT, an individual, Plaintiffs,
v.
EQUILON ENTERPRISES LLC, d/b/a SHELL OIL PRODUCTS US, a Delaware Limited Liability Company, Defendant.

          Erin Pettigrew Daniel F. Johnson Erin M. Pettigrew, WSBA #48773 Daniel F. Johnson, WSBA #27848 BRESKIN, JOHNSON, TOWNSEND Attorneys for Plaintiffs

          Sheryl J. Willert Jeffery M. Wells Sheryl J. Willert, WSBA #08617 Jeffery M. Wells, WSBA #45840 WILLIAMS, KASTNER & GIBBS PLLC Attorneys for Defendants

          AGREED PROTOCOL REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION (ESI) AND ORDER

          Marsha J. Pechman United States District Judge

         The Honorable Marsha J. Pechman I. DEFINITIONS “Electronically stored information” or “ESI, ” as used herein, refers to computer generated information or data of any kind, stored in or on any storage media located on computers, file servers, disks, tape or other real or virtualized devices or media.

         II. ESI DISCLOSURES

         Within 30 days of filing the Joint Status Report, or at a later time if agreed to by the parties, each party shall disclose:

         1. Custodians. 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 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. To the extent non-custodian sources includes a database, in lieu of producing the database, the parties shall meet and confer to seek an agreement upon a set of terms or queries to be made for discoverable information and generate a report in a usable and exportable electronic file (e.g., Excel or CSV format) for review by the Requesting Party or counsel. Upon review of the report(s), the Requesting Party may make reasonable requests for additional information to explain the database schema, codes, and formats or to request specific data from identified fields. The parties agree to confer regarding terms and queries of non-custodial Data Sources within ten days of receiving the discovery requests.

         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 unique 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). If a Producing Party asserts that certain ESI is inaccessible or otherwise unresponsive to discovery requests, or if the Requesting Party asserts that, following production, certain ESI is not reasonably usable, the parties shall meet and confer with their respective technology experts to discuss resolving such assertions. If the parties cannot resolve any such disputes after such a meet and confer, the issue shall be presented to the Court for resolution.

         III. 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 ...


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