United States District Court, W.D. Washington, Seattle
COSMOS GRANITE (WEST), LLC, a Washington limited liability company, Plaintiff,
MINAGREX CORPORATION, d/b/a MGX Stone, Defendant.
GODFREY L.L.P. Rachel S. Black, Alexander W. Aiken, Attorneys
KELLER CROMWELL LLP John A. Tondini, Joshua B. Selig
LAWRENCE, P.S. Raymond S. Weber Attorneys for Defendant
AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY
STORED INFORMATION AND ORDER
RICARDO S. MARTINEZ CHIEF 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.
21 days of the entry of this Order, 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, if
there are five such custodians. The custodians shall be
identified by name, title, connection to the instant
litigation, and the type of the information under his/her
control. If less than five custodians are named, a statement
for the reasons why shall be given such that the opposing
party may determine whether additional custodians should be
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).
Section (C)(3) 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 ...