(a) Duty to Investigate: Prior to a Fed. R. Civ. P. 26(f) conference, counsel
shall:
(1) Investigate the client’s Electronically Stored Information (“ESI”),
including, but not limited to, email, mobile device data, social media and
website posts, electronic documents, databases, metadata, and
computer-based and other digital systems, in order to understand how
such ESI is stored; how it has been or can be preserved, accessed,
retrieved, and produced; and any other issues to be discussed at the Fed.
R. Civ. P. 26(f) conference, and
(2) Identify a person or persons with knowledge about the client’s ESI,
with the ability to facilitate, through counsel, preservation and discovery of
ESI.
(b) Designation of Resource Person: In order to facilitate communication and
cooperation between the parties and the Court, each party shall, if deemed necessary
by agreement or by the Court, designate a single resource person through whom all
issues relating to the preservation and production of ESI should be addressed.
(c) Preparation for Conference: Prior to the Fed. R. Civ. P. 26(f) conference,
the parties should refer to both the “Checklist for Rule 26(f) Conference Regarding
Electronically Stored Information” set forth as Appendix LRCivP26.06A - CHECKLIST to
these Local Rules, and the “Guidelines for the Discovery of Electronically Stored
Information” set forth as Appendix LRCivP26.06B-GUIDELINES to these Local Rules.
(d) Duty to Confer: At the Fed. R. Civ. P. 26(f) conference, and upon a later
request for discovery of ESI, counsel shall meet and attempt to agree on the discovery
of ESI.
(e) Scheduling Conference: Prior to the scheduling conference, the parties
shall complete and file their Rule 26(f) Meeting Report, as applicable. At the discretion
of the Court, the parties may be required to submit a proposed stipulated order
regarding discovery of ESI. The parties may also choose to file an order under Fed. R.
Evid. 502(d).
Interrogatories to Parties
