United States District Court, W.D. Washington, Seattle
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
W. Christel, United States Magistrate Judge.
Honorable David W. Christel The parties hereby stipulate to
the following provisions regarding the discovery of
electronically stored information (“ESI”) in this
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.
30 days after a ruling on the Defendants' motion to
dismiss, each party shall disclose:
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
Non-custodial Data Sources.
of non-custodial data sources (e.g. shared drives, servers,
etc.), if any, likely to contain discoverable ESI.
Third-Party Data Sources.
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) ...