United States District Court, W.D. Washington, Seattle
ROETZEL & ANDRESS, LPA Marc H. Kallish Garry Wills Roetzel &
Andress, LPA Attorneys for Plaintiff.
DOWNS PLLC Jacob M. Downs, Corr Downs PLLC Attorneys for
PEPPER PLLC Tim J. Filer, Steven W. Block, Christopher A.
Rogers, Attorneys for Defendants.
AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY
STORED INFORMATION AND [PROPOSED]
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.
parties agree to work collaboratively and in good faith
regarding the production of ESI. The parties agree to
preserve originals of documents or other information that is
produced through the course of litigation, including ESI. The
parties agree to work together to reach agreement on limits
to the scope of production of ESI, including the use of date
restrictions, key word terms, and file types.
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. 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
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).
Preservation of ESI
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:
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