United States District Court, W.D. Washington, Seattle
& MAHER LLP VIA EMAIL CONFIRMATION Michael Donofrio, Pro
Hac Vice, KELLER ROHRBACK LLP VIA EMAIL CONFIRMATION Erin M.
Riley, WSBA #30401 Attorneys for Plaintiff DaVita Inc.
WRIGHT TREMAINE LLP Richard Birmingham, WSBA #8685 Christine
Hawkins, WSBA #44972 Attorneys for Defendants Virginia Mason
Memorial Hospital, f/k/a Yakima Valley Memorial Hospital, and
Yakima Valley Memorial Hospital Employee Health Care Plan
AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY
STORED INFORMATION AND ORDER
Barbara Jacobs Rothstein U.S. District Court 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.
before the earlier of (1) 14 days after the Court's
decision on the Defendants' motion to dismiss or (2) July
12, 2019, 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.
or controlled storage locations including servers,
cloud-based servers, comprehensive mail storage systems, or
web-accessible email services.
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 ...