United States District Court, W.D. Washington, Seattle
S&W FOREST PRODUCTS, LTD., a British Columbia corporation, Plaintiff,
CEDAR SHAKE & SHINGLE BUREAU, a Washington nonprofit corporation; WALDUN FOREST PRODUCTS LTD., a British Columbia corporation; and ANBROOK INDUSTRIES LTD., a British Columbia corporation, Defendants.
HAGLUND KELLEY LLP Michael E. Haglund, OSB No. 772030 Michael
K. Kelley, OSB No. 853782 Eric J. Brickenstein, OSB No.
142852 JAMESON BABBITT STITES & LOMBARD Bruce P. Babbitt,
WSBA No. 4830 LOCAL COUNSEL Attorneys for Plaintiff
POWELL PC Larry S. Gangnes Larry S. Gangnes, WSBA No. 08118
Heidi B. Bradley, WSBA No. 35759 Jessica N. Walder, WSBA No.
47676 Joseph D. Adamson, WSBA No. 54752 Attorneys for Cedar
Shake and Shingle Bureau
YARMUTH LLP Molly A. Terwilliger Molly A. Terwilliger, WSBA
No. 28449 Elizabeth S. Weinstein Attorneys for Anbrook
LAWRENCE, P.S. Matthew L. Harrington Mathew L. Harrington,
WSBA #33276 Attorneys for Defendant Waldun Forest Products
AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY
STORED INFORMATION AND ORDER
HON. MARSHA J. PECHMAN, 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.
30 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).
Preservation of ESI
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 ...