United States District Court, W.D. Washington, Seattle
EMPLOYMENT ATTORNEYS LLP Jason A. Rittereiser, WSBA No. 43628
Donald W. Heyrich, WSBA No. 23091 Daniel Kalish, WSBA No.
35815 Rachel M. Emens, WSBA No. 49047 Henry Brudney, WSBA No.
52602 Attorneys for Plaintiff Robert Albert
BUSTO JAMES Jeffery A. James, WSBA #18277 Attorneys for
DRYE & WARREN LLP Robert I. Steiner, Pro Hac Vice Steven
R. Nevolis, Pro Hac Vice Attorneys for Defendant LabCorp
AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY
STORED INFORMATION AND [PROPOSED] ORDER
MICHELLE L. PETERSON 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.
20 days after the date the parties sign this Agreement, each
party shall disclose:
1. Custodians. The seven 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
2. Non-custodial Data Sources. A list of non-custodial data
sources (e.g. shared drives, servers, etc.), if any, likely
to contain discoverable ESI.
3. 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, social media websites, 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.
4. 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
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 ...