United States District Court, W.D. Washington
VANGUARD LAW, LLC Spencer Nathan Thal, WSBA #20074 Vanguard
Law, LLC Attorney for Plaintiff
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. Jaime N.
Cole, WSBA# 47258 Anthony B. Byergo, WSBA #50929 Attorneys
STIPULATED ORDER REGARDING ELECTRONICALLY STORED
S. ZILLY 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 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
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
is not reasonably accessible under Fed.R.Civ.P. 26(b)(2)(B).
Preservation of ESI The 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 respect to preservation
of ESI, the parties agree as follows:
Absent a showing of good cause by the requesting party, the
parties shall not be required to modify the procedures used
by them in the ordinary course of business to backup and
archive data; provided, however, that the parties shall
preserve all discoverable ESI in their possession, custody or
parties shall supplement their disclosures in accordance with
Rule 26(e) with discoverable ESI responsive to a particular
discovery request or mandatory disclosure where that data is
created after a disclosure or ...