United States District Court, W.D. Washington, Seattle
BGH HOLDINGS, LLC, a Washington limited liability company; GINGER ATHERTON; HENRY DEAN, and their marital community, Plaintiff,
DL EVANS BANK, Defendant,
FRANK DEAN, JIM DEAN and WN3, LLC, Additional Parties.
WESTERN WASHINGTON LAW GROUP, PLLC Attorneys for Plaintiffs
and Additional Parties Robert J. Cadranell, II, WSBA #41773
WRIGHT TREMAINE, LLP Attorneys for Defendant DL Evans Bank
Rhys M. Farren, WSBA #19398
AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY
STORED INFORMATION AND [PROPOSED]
HONORABLE ROBERT S. LASNIK 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 entry of this Order, 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. I P.
26(b)(2)(B). Section (C)(3)(a)-(h) below sets forth data
sources and ESI which are not required to be preserved by the
parties. Those data sources and ESI do not need to be
included on this list.
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 ...