United States District Court, W.D. Washington, Seattle
Kartenbach, Shane P. Cramer, WSBA No. 35099, Tyler L. Farmer,
WSBA No. 39912 Harrigan Leyh Farmer & Thomsen LLP William
E. Devitt (pro hac vice), Timothy J. Heverin (pro hac vice),
Collin Kurtenbach (pro hac vice) Jones Day Attorneys for
Plaintiff PTP OneClickLLC
Charles C. Sipos, WSBA No. 32825, Ryan J. McBrayer, WSBA No.
28338 Perkins Coie LLP Attorneys for Defendant Avalara, Inc.
MODIFIED AGREEMENT REGARDING DISCOVERY OF
ELECTRONICALLY STORED INFORMATION AND [PROPOSED] ORDER
HONORABLE JAMES L. ROBART, UNITED STATES DISTRICT 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 he reasonably targeted, clear, and
as specific as possible.
parties shall, on or before August 28, 2019, disclose the
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 ...