United States District Court, W.D. Washington, Seattle
B.F. and A.A., minors, by and through their guardian Joey Fields, et al., Plaintiffs,
AMAZON.COM, INC., a Delaware Corporation, and A2Z DEVELOPMENT CENTER, INC., a Delaware corporation, Defendants.
Plaintiffs and the Putative Class QUINN EMANUEL URQUHART
& SULLIVAN, LLP Lauren M. Hudson, Andrew H. Schapiro
Stephen Swedlow QUINN EMANUEL URQUHART & SULLIVAN, LLP
Ashley C. Keller Travis D. Lenkner J. Dominick Larry KELLER
LENKNER LLC Warren D. Postman KELLER LENKNER LLC
Defendants, AMAZON.COM, INC. and A2Z DEVELOPMENT CENTER, INC.
FENWICK & WEST LLP Jeffrey A. Ware, Laurence F. Pulgram
Tyler G. Newby Molly R. Melcher Armen N. Nercessian Avery L.
Brown Mary M. Griffin FENWICK & WEST LLP
HONORABLE RICHARD A. JONES JUDGE
AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY
STORED INFORMATION AND 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.
provided in LCR 26(f), the 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 of entry of this Order, or at a later time if agreed
to by the parties, each party shall disclose:
Custodians. The ten 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
the custodian's control.
Non-custodial Data Sources. A list of non-custodial
data sources (e.g., shared drives, servers), 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 providers, mobile device providers, cloud
storage) 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).
ESI Discovery Procedures
On-site inspection of electronic media. Such an
inspection shall not be required absent a demonstration by
the requesting party of specific need ...