United States District Court, W.D. Washington, Seattle
SUSAN CHEN, et. al., Plaintiffs,
NATALIE D'AMICO, et al., Defendants.
Larsen-Bright, Nathan Alexander, Geoff J. M. Bridgman, T.
Daniel F. Shickich, Sarah Cox, Counsel for Defendants
Attorneys for Plaintiff Susan Department, Ron Gibson, and
Kristi Wilson Chen, individually, and as FRCP 17 Guardian Ad
Litem for Plaintiff JL
P. Riensche, Augustine Lo, Counsel for Defendants City of
Michael David Myers, Attorneys for Plaintiff Naixiang Lian
M. Barbara, Counsel for DSHS, Kimberly Danner, Litem for
Plaintiff LLTimothy Earwood, Jill Kegel, Bill Moss, Kevin
Quigley, and Tom Soule
MODEL AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY
STORED INFORMATION AND ORDER
HONORABLE JAMES L. ROBART UNITED STATES DISTRICT COURT 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 this Order is entered, each party shall
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 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 ...