Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Market Place North Condominium Association v. Affiliated Fm Insurance Co.

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

April 12, 2018

MARKET PLACE NORTH CONDOMINIUM ASSOCIATION, a Washington non-profit corporation, Plaintiff,
v.
AFFILIATED FM INSURANCE COMPANY, Defendant.

          ASHBAUGH BEAL, Jesse D. Miller, WSBA #35837 Zachary O. McIsaac, WSBA #35833, Attorneys for Plaintiff

          WILSON SMITH COCHRAN DICKERSON, Scott M. Stickney, WSBA #14540, Maria E. Sotirhos, WSBA #21726 Attorneys for Defendant

          AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND ORDER

          RICARDO S. MARTINEZ, CHIEF UNITED STATES DISTRICT JUDGE

         AGREEMENT

         The parties hereby stipulate to entry of the below Order regarding the following provisions regarding discovery of electronically stored information (“ESI”) in this matter, based on the Model Agreement Regarding Discovery of Electronically Stored Information for the U.S.D.C., W.D. of Washington, as amended by agreement of the parties:

         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 filed their Combined Joint Status Report and Discovery Plan on January 22, 2018, and therein represented that they would work cooperatively to enter into an ESI Agreement for presentation to the Court. This is that ESI Agreement.

         B. 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 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 discovery request or mandatory disclosure where that data is created after a disclosure or response is made (unless excluded under (C)(3) or D(1)-(2), below).

         3. Absent a showing of good cause by the requesting party, the following ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.