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Transamerica Life Insurance Co. v. Slee

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

January 6, 2019

TRANSAMERICA LIFE INSURANCE COMPANY, Plaintiff,
v.
ANGELINA D. SLEE, THOMAS M. SLEE, and ANTHONY SLEE, as power of attorney for ANGELINA D. SLEE, Defendants.

          Randall C. Johnson, Jr., Attorneys for Defendants LAW OFFICE OF RANDALL JOHNSON, PLLC

          Kristin Nealey Meier, Attorneys for Plaintiff Transamerica Life Insurance Company RYAN, SWANSON & CLEVELAND, PLLC Markham R. Leventhal (pro hac vice forthcoming) CARLTON FIELDS, P.A. Julianna Thomas McCabe (pro hac vice) Clifton Gruhn (pro hac vice) CARLTON FIELDS, P.A.

          AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND ORDER

          David W. Christel, United States Magistrate Judge.

         The Honorable David W. Christel 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.

         B. ESI Disclosures

         Within 30 days after a ruling on the Defendants' motion to dismiss, 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) ...


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