Stipulation And Order Authorizing Electronic Service {CV-42}

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 CV-42 SUPERIOR COURT OF CALIFORNIA COUNTY OF SONOMA ) ) ) ) ) ) ) ) ) ) Case No. STIPULATION AND ORDER AUTHORIZING ELECTRONIC SERVICE Date Action Filed: Assigned to: Dept: Plaintiffs, v. Defendants. _____________________________________ The undersigned parties and/or their attorneys of record hereby stipulate to entry of this Order Authorizing Electronic Service to effectuate a more expeditious and efficient resolution of the above-captioned litigation. When any of the undersigned parties or their attorneys of record wish to serve a document, that party or attorney shall effectuate service of the document pursuant to the procedures set forth in this Order: IDENTITY OF ELECTRONIC SERVICE PROVIDER 1. The parties will utilize the services of ______________________ [Identify Electronic Service Provider ("ESP")] and its litigation system (the "System") for providing electronic service, storage and delivery of court-filed and discovery-related documents through a secure website to facilitate communication amongst parties and/or their counsel. The ESP, as a party to this Stipulation and Order, hereby agrees to submit to the jurisdiction of the abovecaptioned court; however, the ESP shall not be subject to a first appearance fee, or any filing fees, occasioned by the filing of this Stipulation and Order or any documents filed or served pursuant thereto. The Court, at its option, may also use the ESP and its System for these purposes and to communicate with attorneys of record at no cost to the Court. SERVICE ONLY 2. This Order shall apply only to the service of documents between the undersigned -1American LegalNet, Inc. www.FormsWorkFlow.com 28 (Rev. 7/ 1/2009) Stipulation and Order Authorizing Electronic Service Form Approved for Optional Use 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 CV-42 parties, and not to their filing. Original documents must be filed as required by the Code of Civil Procedure, California Rules of Court, and/or local rules of the Sonoma County Superior Court. SERVICE LIST AND SIGN-UP 3. Promptly after this Order is filed, Plaintiff or Plaintiff's attorney shall submit to the ESP a complete and current service list of attorneys of record in this action, which shall include the names of lead and backup attorneys, together with addresses, telephone and facsimile numbers, and email addresses, and notice to all parties in this action that this Order has been filed. Promptly thereafter, each party and/or attorney of record in this litigation that wishes to participate in electronic service shall register for electronic service by completing the application provided by the ESP (hereafter, "Registered Users"). Any party that joins a new party into this action shall serve a copy of this Order on the new party at the time of initial service. Each party or attorney is responsible for keeping his/her/its service information current and accurate and promptly notifying the ESP and all other parties and/or attorneys of any changes. SERVICE OF DOCUMENTS AND WEBSITE Establishment and Use of the ESP's Website Generally 4. With respect to any attorney or party who is not a Registered User, service must be effectuated in accordance with the Code of Civil Procedure. All references to "document" in this Order shall be interpreted to include any exhibits or attachments to the document and shall include both pleadings and discovery-related documents. Each party and/or attorney may determine individually whether to utilize the System to serve the actual production of documents in response to a Request for Production of Documents. Notwithstanding anything to the contrary in the foregoing, this provision is not intended to affect propounding party's rights to see responding party's original documents. 5. The ESP shall establish and maintain an Internet website (the "Website") for this litigation. The ESP shall post to the Website all documents served by any Registered User as provided in this Order and shall serve each document pursuant to the service list provided to the ESP in accordance with the procedures herein. -2Stipulation and Order Authorizing Electronic Service Form Approved for Optional Use American LegalNet, Inc. www.FormsWorkFlow.com 28 (Rev. 7/ 1/2009) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 CV-42 6. Each attorney or party shall serve each document by electronic transfer of the document file to the ESP over the Internet (either as a word-processing file or a scanned image of the document). Each document shall be titled so as to identify the type and purpose of such document and the identity of the attorney or party who is serving such document. Each document electronically served pursuant to this Order shall be deemed to have been served in compliance with the Code of Civil Procedure. 7. After the ESP receives a document, the ESP shall convert such document into Adobe Portable Document Format ("PDF") and post it to the Website within one (1) hour of receipt. 8. Within one (1) hour of the time a document is posted to the Website, the ESP shall send an email to all Registered Users notifying them that the document has been posted to the Website. The email shall contain hypertext link(s) to the document location(s) on the System (or, if so designated by the recipient, the email shall have the served document attached thereto). 9. In circumstances in which a document to be filed with the Court is rejected for filing after the ESP has posted it on the Website, the attorney or party that caused the document to be posted shall promptly notify the ESP in writing that the document was rejected by the Court for filing. The ESP shall cause a permanent notation to be placed on the Website in conjunction with that document memorializing the fact of rejection. 10. If e-service is delayed because of (a) an error in the transmission of a document to the ESP or served parties, (b) a failure to process the electronic document when received by the ESP, (c) a party or its counsel was erroneously excluded from the service list, or (d) other technical problems experienced by the ESP, any party or attorney to whom service is delayed shall be entitled to an extension of time to respond or otherwise perform equivalent to the period of delay. 11. All documents posted on the System will be identified by: (a) the name of the serving party or attorney; (b) the caption(s)