United States District Court, W.D. Washington, Seattle
SOUTHREST, INC., a Washington corporation, dba The Woodmark; CARILLON PROPERTIES, a Washington general partnership Plaintiffs,
HYATT HOTELS CORPORATION, a Delaware corporation; DH KIRKLAND MANAGEMENT LLC, a Washington limited liability company; CORALTREE HOSPITALITY GROUP LLC, a California limited liability company, Defendants. DH KIRKLAND MANAGEMENT LLC, Counterclaim Plaintiff,
CARILLON PROPERTIES, Counterclaim Defendant.
LAW GROUP, PLLC Philip S. McCune, WSBA #21081 Alexander A.
Baehr, WSBA #25320 Matthew W. Walch (pro hac vice) LATHAM
& WATKINS LLP Attorneys for Defendant Hyatt Hotels
TORP LLP Steven D. Olson, WSBA #39086 Paul Conable, WSBA
#43587 Jon P. Stride, WSBA #34686 Attorneys for Plaintiff
HARRIGAN LEYH FARMER & THOMSEN LLP Tyler L. Farmer, WSBA
#39912 Shane P. Cramer, WSBA #35099 And Callie A. Bjurstrom
(pro hac vice) PILLSBURY WINTHROP SHAW PITTMAN LLP Jeffrey D.
Wexler (pro hac vice) PILLSBURY WINTHROP SHAW PITTMAN LLP
Attorneys for Defendant CoralTree Hospitality Group LLC
STIPULATED AGREEMENT REGARDING DISCOVERY OF
ELECTRONICALLY STORED INFORMATION AND [PROPOSESD] ORDER
HONORABLE JAMES L. ROBART
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)(2)(C) 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(a)(1) disclosures, each party shall
Custodians. The five custodians, to the extent applicable,
who are currently 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 information under his/her
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