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Central Freight Lines, Inc. v. Amazon Fulfillment Services

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

February 21, 2018

CENTRAL FREIGHT LINES, INC., a Texas Corporation Plaintiff,
v.
AMAZON FULFILLMENT SERVICES, a Delaware corporation, and DOES 1 through 25, inclusive, Defendants.

          ROETZEL & ANDRESS, LPA Marc H. Kallish Garry Wills Roetzel & Andress, LPA Attorneys for Plaintiff.

          CORR DOWNS PLLC Jacob M. Downs, Corr Downs PLLC Attorneys for Plaintiff.

          FOSTER PEPPER PLLC Tim J. Filer, Steven W. Block, Christopher A. Rogers, Attorneys for Defendants.

          AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND [PROPOSED] ORDER

          JAMES L. ROBART UNITED STATES DISTRICT 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.

         3. The 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.

         B. ESI Disclosures

         Within 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 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 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).

         C. 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 ...


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