Discovery Plan Model

- 1 - UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO Click here to enter text. Choose an item. , v. Click here to enter text. Choose an item. . Case No. Click here to enter text. (MODEL) DISCOVERY PLAN I. Preservation a. Preservation & Proportionality: The parties have applied the proportionality standard in Rule 26(b)(1) to determine what information should be preserved and what information should not be preserved. b. Electronically Stored Information (ESI): With regard to ESI, the parties agree that: i. Date Range: Only ESI created or received between and will be preserved; ii. Scope of Preservation: The parties agree to: 1. Preserve the Following Types of ESI a. 2. From the Following Custodians or Job Titles: a. American LegalNet, Inc. www.FormsWorkFlow.com - 2 - 3. From the Following Systems, Servers, or Databases a. iii. Preserved But Not Searched: These data sources are not reasonably accessible because of undue burden or cost pursuant to Rule 26(b)(2)(B) and ESI from these sources will be prese rved but not searched, reviewed, or produced: 1. [ E.g . backup media of [named] system, systems no longer in use that cannot be accessed , etc. ] . iv. Not Preserved: Among the sources of data the parties agree are not reasonably accessible p ursuant to Rule 26(b)(2)(B) , and shall not be preserved, are the following: 1. [ E.g . voicemails, PDAs, mobile phones, instant messaging, automatically saved versions of documents , backup media created before , etc.] . v. ESI Retention Protocols: Going forward, the parties agree [to modify/not to modify] the document and ESI retention/destruction protocols of [party]. 1. [if modified, describe modifications here] vi. Cost Sharing : [ The parties agree to share the cost of an electronic discovery ven dor; shared document repository; or other cost saving measures] American LegalNet, Inc. www.FormsWorkFlow.com - 3 - [The parties agree to bear their own costs for preservation of e - discovery] II. Initial Disclosures a. [if already provided] Pursuant to Rule 26(a), initial disclosures were provided on the following dates: Plaintiffs: . Defendants: . b. [if not yet provided] The parties agree to modify the deadlines in Rule 26(a) to allow initial disclosures to be provided on the following dates: Plaintiffs: . Defendants: . c. [change to form] The parties agree to modify the form of the Rule 26(a) initial disclosures as follows: . d. [exempt] The parties agree that this proceeding is exempt under Rule 26(a)( 1)(B) from the requir ement to provide initial disclosures. III. Scope of Discovery a. Scope: Discovery is necessary on the following subjects/ issues: For Plaintiff: 1. ; 2. ; 3. . American LegalNet, Inc. www.FormsWorkFlow.com - 4 - 4. ; 5. ; For Defense: 6. ; 7. ; 8. ; 9. ; 10. . IV. Discovery Boundaries a. Limits: The parties agree to limit the number of discovery tools as follows: Depositions: I nterrogatories: Requests for Production: V. ESI a. Checklist: The Checklist for ESI Discovery prepared by the Federal District Court for the Northern District of California to assist counsel in their meet - and - confer session. Counsel sho uld refer also to Dist. Idaho L. Rule 16.1(c). American LegalNet, Inc. www.FormsWorkFlow.com - 5 - b. Proportionality : Although not a hard and fast rule, a party from whom ESI has been requested in the typical case will not be expected to search for responsive ESI: from more than 15 key custodians; that wa s created more than 5 years before the filing of the lawsuit; from sources that are not reasonably accessible without undue burden or cost; or for more than 160 hours, inclusive of time spent identifying potentially responsive ESI, collecting that ESI, s earching that ESI, and reviewing that ESI for responsiveness, confidentiality, and for privilege or work product protection. The producing party must be able to demonstrate that the search was effectively designed and efficiently conducted. c. ESI File Forma t: The parties agree to produce documents in the following file format[s] [check any that apply] : PDF; TIFF; Native; and/or Paper. d. ESI Production Format: The parties agree that documents will be produced [check any that apply] : American LegalNet, Inc. www.FormsWorkFlow.com - 6 - with logical document breaks; as searchable; with load fields enabling review in common litigation databases such as Summation and Concordance; with metadata, and, if so, in the following fields: . e. ESI Search Methodology : The parties have ag reed to use the following search methodology: Predictive coding (or technology assisted review) ; Keyword search; Other: . f. Search Methodology Transparency: The parties agree that they will share the ir search methodology for re sponding to requests for production of ESI to the following extent: . g. General ESI Production vs. E - mail Production: The parties agree that g eneral ESI production requests under Federal Rules of Civil Procedure 34 and 45, or compliance with a mandatory disclosure order of this court, shall not include e - mail or other forms of electronic correspondence (collectively - - mail parties must propound specific e - mail production requests. h. E - mail Custodian List Ex change: On or before [date], t he parties agree to exchange lists identifying (1) likely e - mail custodians, and ( 2 ) a specific American LegalNet, Inc. www.FormsWorkFlow.com - 7 - identification of the [15] most significant listed e - mail custodians in view of the pleaded claims and defenses. i. Discovery Re E - mail Custodians, Search Terms & Time Frames: Each requesting party may propound up to [5] written discovery requests and take [one] deposition per producing party to identify the proper custodians, proper search terms, and proper time frame for e - mail p roduction requests. The court may allow additional discovery upon a showing of good cause. j. Form of E - mail Production Requests: E - mail production requests shall identify the custodian, search terms, and time frame. The parties shall cooperate to identify the proper custodians, proper search terms, and proper time frame. k. Limits on E - mail Production Requests Custodians: Each requesting party shall limit its e - mail production requests to a total of [8] custodians per producing party for all such requests . The parties may jointly agree to l. Limits on E - mail Production Requests Keyword Search Terms: Each requesting party shall limit its e - mail production requests to a total of [10] keyword search terms per cus todian per party. The parties may jointly agree The keyword search terms shall be narrowly tailored to particular issues. Indiscriminate terms, such as inappropriate American LegalNet, Inc. www.FormsWorkFlow.com - 8 - unless combined with narrowing search criteria that sufficiently reduce the risk of overproduction. m. Liaison: Each party [ has identified / will identify] a L iaison who is responsible for, and knowledgeable about (or has access to a person knowledgeable about ) , t ESI. This includes the technical aspects of e - discovery, including the location, nature, accessibility, format, collection, search methodologies, and production of ESI in this matter. The parties will rely on the L iaison s, as needed, to confer about ESI and to help resolve disputes without court intervention . VI. Deadlines a. The deadline for the completion of fact discovery is: . b. The deadline for completion of expert witness discovery is: . VII. Phased or Issue - Specific Discovery a. [Phased Discovery] The parties agree to conduct discovery in phases, focusing in the first phase on key information that is easily accessible . The parties will then use that the results of that initial phase of discovery to guide further discovery . First Phase of Discovery : During the first phase, the parties will conduct discovery on the following subject[s] : . American LegalNet, Inc. www.FormsWorkFlow.com - 9 - Scope of First Phase : During the first phase of discovery, the parties s hall take the following discovery: Depositions: Interrogatories: Requests for Production : Deadline for Completion of First Phase : The parties shall complete the first phase of discovery on or before . F