United States District Court, W.D. Washington, Seattle
Austin LLP Robin Wechkin Attorneys for Plaintiff Curevo, Inc.
Murphy Wallace Erin McCool Attorneys for Defendant Senyon
AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY
STORED INFORMATION AND ORDER
S. LASNIK, UNITED STATES DISTRICT COURT JUDGE
Hon. Robert S. Lasnik 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.
60 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.
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 ...