United States District Court, W.D. Washington, Tacoma
HANA ETCHEVERRY, Individually and On Behalf of All Others Similarly Situated, Plaintiff,
FRANCISCAN HEALTH SYSTEM D/B/A CHI FRANCISCAN HEALTH, FRANCISCAN MEDICAL GROUP, FRANCISCAN HEALTH VENTURES, HARRISON MEDICAL CENTER, and HARRISON MEDICAL CENTER FOUNDATION. Defendants.
Jessica M. Andrade, WSBA #39297 POLSINELLI PC Donald L.
Samuels (pro hac vice) POLSINELLI PC Attorneys for Defendants
E. Terrell, WSBA #2759 Toby J. Marshall, WSBA #32723 Erika L.
Nusser, WSBA #40854 TERRELL MARSHALL LAW GROUP PLLC Carolyn
H. Cottrell (pro hac vice) Ori Edelstein (pro hac vice)
William M. Hogg (pro hac vice) SCHNEIDER WALLACE COTTRELL
KONECKY WOTKYNS LLP Attorneys for Plaintiff
HONORABLE ROBERT J. BRYAN, JUDGE
AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY
STORED INFORMATION AND [PROPOSED]
Alice Theiler United States Magistrate 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
his/her control. If either party determines that the
identification of additional custodians is necessary, the
parties shall confer in good faith to address that issue and
may so stipulate.
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 ...