Comair Limited v. The Boeing Company et al, No. 2:2023cv00176 - Document 56 (W.D. Wash. 2023)

Court Description: ORDER granting Parties' 54 Stipulated Agreement regarding Discovery of Electronically Stored Information. Signed by Judge Ricardo S. Martinez. (SB)

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Comair Limited v. The Boeing Company et al Doc. 56 THE HONORABLE RICARDO S. MARTINEZ 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 COMAIR LIMITED, 11 12 13 14 Plaintiff, v. THE BOEING COMPANY, A DELAWARE CORPORATION, CASE NO. 2:23-cv-00176-RSM STIPULATED AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND [PROPOSED] ORDER NOTING DATE: DECEMBER 15, 2023 Defendant. 15 16 The parties hereby stipulate to the following provisions regarding the discovery of 17 electronically stored information (“ESI”) in this matter: 18 A. General Principles 1. An attorney’s zealous representation of a client is not compromised by conducting 19 20 discovery in a cooperative manner. The failure of counsel or the parties to litigation to cooperate 21 in facilitating and reasonably limiting discovery requests and responses raises litigation costs and 22 contributes to the risk of sanctions. 23 2. As provided in LCR 26(f), the proportionality standard set forth in Fed. R. Civ. P. 24 26(b)(1) must be applied in each case when formulating a discovery plan. To further the application 25 26 CERTIFICATE OF SERVICE (No. 2:23-cv-00176-RSM) Dockets.Justia.com 1 of the proportionality standard in discovery, requests for production of ESI and related responses 2 should be reasonably targeted, clear, and as specific as possible. 3 3. Nothing in this Order shall preclude the producing party from collecting or 4 producing additional materials beyond those identified pursuant to the procedure described herein. 5 The provisions below, which relate to a producing party’s use of search terms and custodian 6 limitations, are not intended to apply to any re-production of document productions made in other 7 proceedings related to the 737 MAX, if any such re-productions are agreed to by the parties or 8 ordered by the Court. 9 4. The parties agree that the producing party is under no obligation to identify the 10 request for production to which a particular document is responsive, nor is the producing party 11 obligated to identify (by Bates Numbers or otherwise) which documents are being produced in 12 response to a particular request for production. 13 B. ESI Disclosures 14 1. Within 30 days of entry of this Order, or at a later time if agreed to by the parties, 15 16 each party shall disclose, in an “ESI Disclosure”: a. Custodians. Each party shall identify those custodians for which it intends 17 to search their custodial data to respond to discovery. The parties will meet and confer to establish 18 the appropriate number of custodians to be disclosed based on the complexity, proportionality, and 19 nature of the case. The custodians shall be identified by name, title, connection to the instant 20 litigation, and the type of information under the custodian’s control. 21 22 23 b. Non-custodial Data Sources. A list of non-custodial data sources (e.g., shared drives, servers), if any, likely to contain discoverable ESI. c. Third-Party Data Sources. A list of third-party data sources, if any, likely to 24 contain discoverable ESI (e.g., third-party email providers, mobile device providers, cloud storage) 25 and, for each such source, the extent to which a party is (or is not) able to preserve information 26 stored in the third-party data source. STIPULATED AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND ORDER (NO. 2:21-CV-01449-RSM) –2 Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, Washington 98101-3099 Phone: +1.206.359.8000 Fax: +1.206.359.9000 d. 1 Inaccessible Data. A list of data sources, if any, likely to contain 2 discoverable ESI (by type, date, custodian, electronic system or other criteria sufficient to 3 specifically identify the data source) that a party asserts is not reasonably accessible under Fed. R. 4 Civ. P. 26(b)(2)(B). 5 2. Foreign data privacy laws. Nothing in this Order is intended to prevent either party 6 from complying with the requirements of a foreign country’s data privacy laws, e.g., the European 7 Union’s General Data Protection Regulation (GDPR) (EU) 2016/679. The parties agree to meet 8 and confer before including custodians or data sources subject to such laws in any ESI or other 9 discovery request. 10 3. Additional Custodians and Sources. Within 14 days of the producing party’s ESI 11 Disclosure, the receiving party may identify additional custodians or non-custodial data sources 12 that may have relevant information related to the claims or defenses to be collected, searched, 13 and/or produced. The parties agree to negotiate in good faith to the extent that the addition of more 14 custodians or non-custodial data sources is needed to facilitate effective, proportionate discovery 15 and trial preparation. If a producing party declines to include in the collection process any 16 custodian or data source identified by another party, the matter shall be disclosed to the requesting 17 party and may be submitted to the Court for determination. 18 19 4. Duty to Supplement. The parties shall timely supplement their disclosures to the extent new custodians or non-custodial data sources are identified. 20 C. ESI Discovery Procedures 21 1. On-site inspection of electronic media. Such an inspection shall not be required 22 absent a demonstration by the requesting party of specific need and good cause or by agreement 23 of the parties. 24 2. Search methodology. The parties shall timely confer to attempt to reach agreement 25 on appropriate search terms and queries, file type and date restrictions, data sources (including 26 custodians), and other appropriate computer- or technology-aided methodologies, before any such STIPULATED AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND ORDER (NO. 2:21-CV-01449-RSM) –3 Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, Washington 98101-3099 Phone: +1.206.359.8000 Fax: +1.206.359.9000 1 effort is undertaken. The parties shall continue to cooperate in revising the appropriateness of the 2 search methodology. a. 3 Prior to running searches: i. 4 The producing party shall disclose the data sources (including 5 custodians), search terms and queries, any file type and date restrictions, and any other 6 methodology that it proposes to use to locate ESI likely to contain responsive and discoverable 7 information (the producing party’s “Initial Search Terms or Queries”). The producing party may 8 provide unique hit counts for each search query. 9 ii. 10 After disclosure, the parties will engage in a meet and confer process regarding additional terms (if any) sought by the non-producing party. iii. 11 The following provisions apply to search terms or queries of the 12 requesting party. Focused terms and queries should be employed; broad terms or queries, such as 13 product and company names, generally should be avoided. A conjunctive combination of multiple 14 words or phrases (e.g., “computer” and “system”) narrows the search and shall count as a single 15 search term. A disjunctive combination of multiple words or phrases (e.g., “computer” or 16 “system”) broadens the search, and thus each word or phrase shall count as a separate search term 17 unless they are variants of the same word. 18 3. Predictive Coding, Technology Assisted Review, and Advanced Analytics. The 19 parties may use reasonable techniques to further identify relevant or irrelevant documents, 20 including, but not limited to, predictive coding, other technology-assisted review, and/or any form 21 of advanced analytics. If the producing party intends to use such tools, the parties will meet and 22 confer about the use of such technologies before they are applied to attempt to reach reasonable 23 agreement in advance of their use. Either party may in good faith request reasonable, non- 24 privileged, non-work-product information about the software and methodology used for the review 25 sufficient to evaluate the reasonableness of the review. 26 STIPULATED AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND ORDER (NO. 2:21-CV-01449-RSM) –4 Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, Washington 98101-3099 Phone: +1.206.359.8000 Fax: +1.206.359.9000 1 4. Timing. The parties will make good faith efforts to substantially complete 2 production related to then-outstanding discovery requests 45 days before the close of fact 3 discovery to allow the parties to evaluate document productions and serve any follow-up discovery 4 requests or necessary discovery motions within the time allowed for discovery by the Court’s 5 scheduling order. 6 5. Other Disclosures. Upon reasonable request, a party shall disclose information 7 relating to network design, the types of databases, database dictionaries, the access control list and 8 security access logs and rights of individuals to access the system and specific files and 9 applications, the ESI document retention policy, organizational chart for information systems 10 personnel, or the backup and systems recovery routines, including, but not limited to, tape rotation 11 and destruction/overwrite policy. 12 6. Format. a. 13 ESI will be produced to the requesting party as follows for each document 14 produced: (1) text files with searchable text, (2) images in a standard single-page TIFF format with 15 a corresponding Opticon (OPT) image load file, and (3) delimited data file containing the metadata 16 fields described in Section C.10 below. “Load file” means a file that relates to a set of scanned 17 images or electronically processed files that indicates where individual pages or files belong 18 together as documents, to include attachments, and where each document begins and ends. The 19 parties will produce documents in 300 DPI black and white or, if the original file is in color, may 20 produce in color using JPEG format. When color is necessary to understand the document, the 21 requesting party may reasonably request color production from the producing party. b. 22 Unless otherwise agreed to by the parties, files that are not easily converted 23 or lose functionality necessary to comprehension of the document when converted to image 24 format, such as structured data1; spreadsheet, slideshow, database, and drawing files, will be 25 26 1 The parties agree that exports from structured data repositories are an acceptable means of production. STIPULATED AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND ORDER (NO. 2:21-CV-01449-RSM) –5 Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, Washington 98101-3099 Phone: +1.206.359.8000 Fax: +1.206.359.9000 1 produced in native format. Upon reasonable request, a party should produce in a native format a 2 file that was previously produced as a TIFF file. c. 3 Each document image file shall be named with a unique number (Bates 4 Number). These file names should not be more than twenty characters long or contain spaces. 5 When a text-searchable image file is produced, the producing party must take reasonable steps to 6 preserve the integrity of the underlying ESI, i.e., the original formatting, the metadata (as noted 7 below) and, where applicable, the revision history. d. 8 9 If a document is more than one page, the unitization of the document and any attachments and/or affixed notes shall be maintained as they existed in the original document. e. 10 The full text of each electronic document shall be extracted (“Extracted 11 Text”) and produced in a text file. The Extracted Text shall be provided in searchable ASCII text 12 format (or Unicode text format if the text is in a foreign language) and shall be named with a 13 unique Bates Number (e.g., the unique Bates Number of the first page of the corresponding 14 production version of the document followed by its file extension). In the case of files with 15 redacted text, text of the redacted documents generated by Optical Character Recognition (“OCR”) 16 may be provided in lieu of extracted text, with the exception of spreadsheets. f. 17 All ESI shall be processed with a single time zone and a date and time 18 setting that is consistent across that party’s productions. The time zone used shall be either Pacific 19 Daylight Time (PDT), Central European Time (CET) or Coordinated Universal Time (UTC). g. 20 Notwithstanding the parties’ stipulations herein, upon reasonable request 21 made by the requesting party, the parties shall confer regarding the production in an alternate 22 format of a document previously produced in accordance with this Agreement and Order. 23 7. Email Threading. The parties may use analytics technology to identify email 24 threads and need only produce the unique, most inclusive copy with related family members and 25 attachments. The producing party may exclude lesser inclusive email copies only if all attachments 26 STIPULATED AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND ORDER (NO. 2:21-CV-01449-RSM) –6 Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, Washington 98101-3099 Phone: +1.206.359.8000 Fax: +1.206.359.9000 1 to the lesser inclusive emails are produced with the most inclusive thread. Upon reasonable 2 request, the producing party will produce a less inclusive copy. 3 8. De-duplication. The parties may de-duplicate their ESI production across custodial 4 and non-custodial data sources after disclosure to the requesting party, and the duplicate custodian 5 information removed during the de-duplication process tracked in a duplicate/other custodian field 6 in the database load file. 7 9. Metadata fields. The parties agree to produce the following metadata fields, if 8 associated with the electronic document. The parties are under no obligation to manually populate 9 these fields. Because different platforms use different nomenclature for these metadata fields, the 10 below offers a common name and description, with the expectation that each party produce that 11 field or its substantial equivalent. If any field is impracticable to produce for either party, the party 12 shall disclose the field(s) that they are unable to produce to the opposing party. 13 Field Name 14 Must be Populated for All Documents Field Description BegBates First Bates Number (Production number) of an item. x EndBates Last Bates Number (Production number) of an item. **The EndBates field should be populated for single-page items. x BegAttach First Bates Number of attachment range of family (i.e., Bates Number of the first page of the parent document). x EndAttach Last Bates Number of attachment range of family (i.e., Bates Number of the last page of the last attachment in the family). 24 PgCount Number of pages in the item. x 25 Custodian Name of person from whose files the item is Produced. x 15 16 17 18 19 20 21 22 23 x 26 STIPULATED AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND ORDER (NO. 2:21-CV-01449-RSM) –7 Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, Washington 98101-3099 Phone: +1.206.359.8000 Fax: +1.206.359.9000 1 Field Name 2 CustodianOther Name of the person(s), in addition to the Custodian, from whose files the item would have been Produced if it had not been de-duplicated. FilePath The file path of the document as it existed at collection. Note: Producing Party may truncate the file path using a method reasonably calculated to remove Network-level identification information such as, without limitation, IP addresses, resolvable server names, and infrastructure filepath information, but excluding removal of the custodial or shared Network drive letter. The parties understand that collection tools may add to or truncate file path information, provided however that collection tools do not overwrite the file path information to be provided. 3 4 5 6 7 8 9 10 11 12 13 14 15 Must be Populated for All Documents Field Description AllPaths Field designates if a duplicate is found in a different non-custodial source FileSize Size (in kilobytes) of the source nativefile. FileName File name of document. FileExt The file extension of the document(e.g., doc, nsf, rtf, pdf etc.). HashValue The unique hash value of the file. x (if deduplicated globally (i.e., horizontally)) 16 17 18 19 20 21 22 23 24 25 26 STIPULATED AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND ORDER (NO. 2:21-CV-01449-RSM) –8 Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, Washington 98101-3099 Phone: +1.206.359.8000 Fax: +1.206.359.9000 1 Must be Populated for All Documents Field Description 2 Field Name 3 EmailThreadFamilyID Unique identifier from email threading algorithm to denote emailsfrom a single thread. EmailOutlookType Type of Outlook item, e.g., email, calendar item, note, task. 4 5 6 7 8 NativeFileLink 9 10 11 12 13 14 15 x (ESI only) DateSent (mm/dd/yyyy) Date email or calendar item was sent. TimeSent (hh:mmAM/PM) Time email or calendar item was sent. DateReceived (mm/dd/yyyy) Date email or calendar item was received. TimeReceived (hh:mmAM/PM) Time email or calendar item was received. ParentBates First Bates Number for the parent item of a family. **This field should be populated for all members of a family. 16 17 Hyperlink path for documents provided in native format. **The linked file must be named perthe BegBates value. x 18 19 20 21 AttachBates 22 23 First Bates Number of each “child” attachment. **Can be more than one Bates Number listed depending on the number of attachments. If multiple Bates Numbers, separate by semicolon (;). x 24 25 26 To The names and SMTP email addresses of all recipients that were included on the “To” line of the email or calendar item. STIPULATED AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND ORDER (NO. 2:21-CV-01449-RSM) –9 x Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, Washington 98101-3099 Phone: +1.206.359.8000 Fax: +1.206.359.9000 1 Field Name 2 Must be Populated for All Documents Field Description From The name and SMTP email address of the sender of the email or calendar item. CC The names and SMTP email addresses of all recipients that were included on the “CC” line of the email or calendar item. BCC The names and SMTP email addresses of all recipients that were included on the “BCC” line of the email or calendar item. 10 DateCreated (mm/dd/yyyy) Date the item was created. 11 TimeCreated (hh:mm AM/PM) Time the item was created. 12 FileName The filename of the source native file for an ESI item. Date Modified Date the item was modified. Time Modified Time the item was last modified. Subject Any value populated in the subject field of the source file metadata or document properties (e.g., subject line of email or calendar item). TextPath Full relative path to the current location of the document-level text file. Privilege Indicates if a document has been redacted for privilege or if a member of a document family has been withheld for privilege. Export Controlled Indicates if a document is subject to export controls under U.S. law. Confidentiality Indicates if item has been designated as “Confidential” or “Attorneys’ Eyes Only” under the parties’ protective order. 3 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 x x x x 22 23 24 25 x 26 STIPULATED AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND ORDER (NO. 2:21-CV-01449-RSM) –10 Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, Washington 98101-3099 Phone: +1.206.359.8000 Fax: +1.206.359.9000 1 Field Name 2 3 AttachRange Bates Number of the first page of the parent item to the Bates Number of the last page of the last attachment “child” item. RecordType To indicate “Paper,” “Hard Copy,” or “HC” if a hard copy document and “ESI” if it is an ESI item. Application Indicates software application that generated the ESI item (e.g., Outlook, Word). Production Volume Production volume name or number. x Redacted User-generated field that will indicate redactions. “X,” “Y,” “Yes,” “True,” are all acceptable indicators that the document is redacted. Otherwise, blank. x MessageID The unique message identifier generated by the source email or calendar system. Title Any value populated in the title field of the source file metadata or item properties. Author Creator of the document; any value populated in the author field of the source file metadata or document properties. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Must be Populated for All Documents Field Description 10. x x Parent-Child Relationships. Parent-Child relationships (the association between an 21 attachment and its parent document) must be preserved so a document and any attachments to that 22 document are produced in the same production set and such relationships are identifiable. 23 11. Hard-Copy Documents. If the parties elect to produce hard-copy documents in an 24 electronic format, the production of hard-copy documents will include a cross-reference file that 25 indicates document breaks, and sets forth the custodian or custodian/location associated with each 26 produced document. Hard-copy documents will be scanned using OCR technology and searchable STIPULATED AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND ORDER (NO. 2:21-CV-01449-RSM) –11 Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, Washington 98101-3099 Phone: +1.206.359.8000 Fax: +1.206.359.9000 1 ASCII text files will be produced (or Unicode text format if the text is in a foreign language), 2 unless the producing party can show that the cost would outweigh the usefulness of scanning (for 3 example, when the condition of the paper is not conducive to scanning and will not result in 4 accurate or reasonably useable/searchable ESI). Each file will be named with a unique Bates 5 Number (e.g., the unique Bates Number of the first page of the corresponding production version 6 of the document followed by its file extension). 7 D. 8 The parties acknowledge that they have a common law obligation, as expressed in Fed. R. 9 Civ. P. 37(e), to take reasonable and proportional steps to preserve discoverable information in the 10 party’s possession, custody, or control. With respect to preservation of ESI, the parties agree as 11 follows: 12 1. Preservation of ESI Absent a showing of good cause by the requesting party, the parties shall not be 13 required to modify the procedures used by them in the ordinary course of business to back-up and 14 archive data; provided, however, that the parties shall preserve all discoverable ESI in their 15 possession, custody, or control. 16 2. The parties will supplement their disclosures in accordance with Fed. R. Civ. P. 17 26(e) with discoverable ESI responsive to a particular discovery request or mandatory disclosure 18 where that data is created after a disclosure or response is made (unless excluded under Sections 19 (D)(3) or (E)(1)–(2)). 20 21 3. Absent a showing of good cause by the requesting party, the following categories of ESI need not be preserved: 22 a. Deleted, slack, fragmented, or other data only accessible by forensics. 23 b. Random access memory (RAM), temporary files, or other ephemeral data 24 that are difficult to preserve without disabling the operating system. c. 25 26 On-line access data such as temporary internet files, history, cache, cookies, and the like. STIPULATED AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND ORDER (NO. 2:21-CV-01449-RSM) –12 Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, Washington 98101-3099 Phone: +1.206.359.8000 Fax: +1.206.359.9000 d. 1 2 Data in metadata fields that are frequently updated automatically, such as last-opened dates. 3 e. Back-up data that are duplicative of data that are more accessible elsewhere. 4 f. Server, system, or network logs. Data remaining from systems no longer in 5 use that is unintelligible on the systems in use. g. 6 Electronic data (e.g., email, calendars, contact data, and notes) sent to or 7 from mobile devices (e.g., iPhone, iPad, Android devices), provided that a copy of all such 8 electronic data is automatically saved in real time and accessible elsewhere (such as on a server, 9 laptop, desktop computer, or “cloud” storage). 10 E. Privilege 11 1. A producing party shall create a privilege log of all documents fully withheld from 12 production on the basis of a privilege or other lawful protection, unless otherwise agreed or 13 excepted by this Agreement and Order. Privilege logs shall include a unique identification number 14 for each document and the basis for the claim (e.g., attorney-client privileged or work-product 15 protection). For ESI, the privilege log may be generated using available metadata, including 16 author/recipient or to/from/cc/bcc names; the subject matter or title; and date created. Should the 17 available metadata provide insufficient information for the purpose of evaluating the privilege 18 claim asserted, the producing party shall include such additional information as required by the 19 Federal Rules of Civil Procedure. The parties will endeavor to produce privilege logs on a rolling 20 basis with all privilege logs to be produced no later than 30 days before the deadline for filing 21 motions related to discovery unless an earlier deadline is agreed to by the parties. 22 2. Redactions need not be logged so long as the basis for the redaction is clear on the 23 redacted document. A party may not redact information on the basis it believes it to be irrelevant 24 or confidential. Redactions should only be made for legal privilege or legally protected private 25 information, such as Social Security Numbers, information protected from disclosure under 26 HIPAA, and other information prohibited from disclosure by law. STIPULATED AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND ORDER (NO. 2:21-CV-01449-RSM) –13 Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, Washington 98101-3099 Phone: +1.206.359.8000 Fax: +1.206.359.9000 1 3. A party that withholds a member of a family group entirely on the basis of privilege 2 shall produce a Bates numbered placeholder page/slip sheet that contains the following language: 3 “Document Withheld on the Basis of Privilege.” A party may withhold wholly privileged members 4 of a family group so long as the party inserts a slip sheet in place of the withheld document 5 indicating that it has been “Withheld for Privilege” and logs such attachments in a privilege log in 6 accordance with the requirements of this protocol. Slip sheets need not be produced for wholly 7 privileged documents or document families withheld in their entirety. 8 9 10 11 12 13 4. With respect to privileged or work-product information generated after the filing of the complaint and any amendments, parties are not required to include any such information in privilege logs. 5. Activities undertaken in compliance with the duty to preserve information are protected from disclosure and discovery under Fed. R. Civ. P. 26(b)(3)(A) and (B). 6. Pursuant to Fed. R. Evid. 502(d), the production of any documents in this 14 proceeding shall not, for the purposes of this proceeding or any other federal or state proceeding, 15 constitute a waiver by the producing party of any privilege applicable to those documents, 16 including the attorney-client privilege, attorney work-product protection, or any other privilege or 17 protection recognized by law, nor shall it result in a subject matter waiver of any kind. Any 18 producing party may demand the return of any inadvertently produced document(s) by e-mail. 19 Upon receipt of such written demand, the receiving party shall immediately return or destroy the 20 inadvertently produced document(a) and confirm in writing (with e-mail being sufficient) that such 21 documents have been returned or destroyed. Within fourteen (14) business days of such demand, 22 the producing party shall provide the receiving party with a privilege log for such document(s) 23 consistent with this ESI protocol, setting forth the the basis for the claim of privilege for the 24 inadvertently produced document(s). Nothing within this provision prevents the receiving party 25 from challenging any privilege claim asserted by a producing a party, provided that the receiving 26 party complies with the obligations of this paragraph. STIPULATED AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND ORDER (NO. 2:21-CV-01449-RSM) –14 Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, Washington 98101-3099 Phone: +1.206.359.8000 Fax: +1.206.359.9000 1 F. 2 Any practice or procedure set forth herein may be varied by agreement of the parties, 3 confirmed in writing, where such variance is deemed appropriate under the circumstances, or by 4 order of the Court. IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 5 6 Modifications By: s/ Kristy Schlesinger By: s/ Ulrike B. Connelly________ Hunter K. Ahern WA Bar No. 54489 701 Fifth Avenue, Suite 6800 Seattle, WA 98104-7066 Telephone: (206) 344-7600 Facsimile: (206) 344-3113 hahern@shb.com Ulrike B. Connelly, Bar No. 42478 Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, Washington 98101 Telephone: 206.359.8000 Facsimile: 206.359.9000 UConnelly@perkinscoie.com 16 Marc P. Miles (admitted pro hac vice) Kristy A. Schlesinger (admitted pro hac vice) 5 Park Plaza Suite 1600 Irvine, California 92614 Telephone: (949) 475-1500 Facsimile: (949) 475-0016 mmiles@shb.com kschlesinger@shb.com Michael B. Slade (admitted pro hac vice) Casey McGushin (admitted pro hac vice) Kirkland & Ellis LLP 300 North LaSalle Chicago, Illinois 60654 Telephone: 312.862.2000 Facsimile: 312.862.2200 Michael.slade@kirkland.com Casey.mcgushin@kirkland.com 17 Attorneys for Plaintiff Comair Limited 7 8 9 10 11 12 13 14 15 Attorneys for Defendant The Boeing Company 18 19 20 21 22 23 24 25 26 STIPULATED AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND ORDER (NO. 2:21-CV-01449-RSM) –15 Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, Washington 98101-3099 Phone: +1.206.359.8000 Fax: +1.206.359.9000 ORDER 1 2 PURSUANT TO STIPULATION, IT IS SO ORDERED. 3 DATED this 19th day of December, 2023. 4 A 5 6 RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 STIPULATED AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND ORDER (NO. 2:21-CV-01449-RSM) –16 Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, Washington 98101-3099 Phone: +1.206.359.8000 Fax: +1.206.359.9000

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