United States District Court, W.D. Washington, Seattle
PACIFICA LAW GROUP LLP, Paul J. Lawrence, WSBA #13557
Kymberly K. Evanson, WSBA #39973 WALTERS WILSON LLP Erica D.
Wilson (Admitted Pro Hac Vice) Eric S. Walters (Admitted Pro
Hac Vice) Attorneys for Plaintiff Verasonics, Inc.
NASH GRAHAM & DUNN LLP, Brian W. Esler, WSBA #22168
Kellen A. Hade, WSBA #44535 Attorneys for Defendant
SuperSonic Imagine, S.A.
AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY
STORED INFORMATION AND ORDER
S. Zilly, 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.
of Defendant's information may be located in France, and
Defendant asserts that it is subject to both French and
European Union data protection directives and laws, including
but not limited to the General Data Protection Regulation and
French Blocking Statute. By entering into this Agreement,
Defendant does not waive any of those protections or
53 days after the Rule 26(f) conference, or at a later time
if agreed to by the parties, each party shall disclose:
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
Non-custodial Data Sources. A list of non-custodial
data sources (e.g. shared drives, servers, etc.), if any,
likely to contain discoverable ESI.
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.
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).
Section (C)(3)(a)(i) below sets forth data sources and ESI
which are not ...