United States District Court, W.D. Washington, Seattle
M. Kaplan Gregory L. Watts John C. Roberts Jr., Christopher
M.E. Petroni, Wilson Sonsini Goodrich & Rosati, P.C.
Counsel for Defendants Impinj, Inc., Chris Diorio, Evan Fein,
and Eric Brodersen
Bradley S. Keller Byrnes Keller Cromwell LLP Liaison Counsel
for Lead Plaintiff Employees' Retirement System of the
City of Baton Rouge and Parish of East Baton Rouge
Jonathan D. Uslaner (pro hac vice) Lauren M. Cruz (pro hac
vice) Bernstein Litowitz Berger & Grossmann LLP Salvatore
Graziano (pro hac vice) Michael D. Blatchley (pro hac vice)
Bernstein Litowitz Berger & Grossmann LLP Counsel for
Lead Plaintiff Employees' Retirement System of the City
of Baton Rouge and Parish of East Baton Rouge
STIPULATED AGREEMENT REGARDING DISCOVERY OF
ELECTRONICALLY STORED INFORMATION AND [PROPOSED] ORDER ADOPTING SAME
HONORABLE ROBERT S. LASNIK UNITED STATES DISTRICT COURT 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 Rule 26(b)(1) of the
Federal Rules of Civil Procedure 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.
party shall promptly disclose to the other party:
Custodians. The 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 Rule 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 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 back-up and
archive data; provided, however, that the parties shall