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Black & Veatch Corporation v. Modesto Irrigation District

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION


July 31, 2012

BLACK & VEATCH CORPORATION,
PLAINTIFF,
v.
MODESTO IRRIGATION DISTRICT, DEFENDANT.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

STIPULATION AND ORDER REGARDING BLACK & VEATCH'S MOTION TO COMPEL PRODUCTION OF MID'S EMAILS AND ATTACHMENTS Date: July 26, 2012 Time: 3:00 p.m. Courtroom: 7

AND RELATED ACTIONS. Judge: Hon. Sheila K. Oberto 25 26 Trial Date: July 16, 2013 STIPULATION AND ORDER

STIPULATION

Plaintiff and counterdefendant Black & Veatch Corporation and defendant and counter- 3 claimant Modesto Irrigation District (MID) conducted a telephone conference with the Court, the 4 Honorable Sheila K. Oberto, presiding, on July 26, 2012, at 3 PM, in a further attempt to resolve 5 the disputes arising from Black & Veatch's motion to compel production of MID's emails and 6 attachments. As a result of that conference, Black & Veatch and MID agree as follows: 7

1. As outlined in paragraph 3, below, MID agrees to share with Black & Veatch on an 8 equal basis the cost of cataloging all backup tapes for its GroupWise emails and attachments, not 9 to exceed $28,930.00, as set forth in the Iris Data Service (IDS) proposal filed with the Court on July 25, 2012. Once cataloging of the tapes is complete, MID and Black & Veatch will discuss 11 whether it is possible to reach an agreement on a cost-sharing arrangement for the balance of 12 IDS's work in recovering the GroupWise emails and attachments.

2. To comply with NERC data security regulations applicable to MID, Black & Veatch 14 agrees to provide MID the following information, before the backup tapes are released: 15

(a) the identity of each person at IDS, or at any subconsultant engaged by IDS to assist in 16 performing the work, who will have access to the data contained on the backup tapes; 17

(b) the provisions in place for returning the tapes to MID following recovery of the GroupWise emails and attachments; 19

(c) assurances from IDS and any of its subconsultants that no copies of the backup tapes 20 will be retained following recovery of the GroupWise emails and attachments; 21

(d) the entry of a protective order by the Court incorporating these terms, which Black & Veatch agrees to prepare, and the agreement of IDS and any of its subconsultants that they will be 23 bound by the terms of the protective order. 24

3. Following the entry of a protective order as described in the preceding paragraph, MID 25 agrees promptly to have IDS create encrypted copies of all backup tapes containing GroupWise 26 emails and attachments, subject to the provisions of the stipulated protective order, so that IDS 27 may immediately begin cataloging their contents. 28

4. With respect to MID's emails and attachments from 2008 to the present, which MID previously produced in hard copy pursuant to Black & Veatch's CPRA requests, Black & Veatch 3 agrees to provide MID by Friday, July 27, 2012, a revised list of search terms, narrowed in scope 4 to attempt to reduce the number of emails produced by the search. MID agrees to promptly run a 5 search of the emails, based on the search terms Black & Veatch provides, and to inform Black & 6 Veatch of the results of that search no later than Tuesday, July 31, 2012. At that time, MID and 7 Black & Veatch will attempt to agree on production of the emails, or on ways of further narrowing 8 the search to emails relevant to the project in dispute in this case. 9

5. Counsel for Black & Veatch and MID will meet & confer by telephone on Tuesday, July 31, 2012, at 4:30 PM, to attempt to further resolve any and all remaining discovery issues 11 with respect to the GroupWise emails and attachments and MID's 2008-present emails. 12

6. The Court will conduct a further telephone conference to discuss the parties' progress on each of the above-stated points Tuesday, August 7, 2012, at 11 AM. Counsel for Black & 14

Veatch will set up the call. 15

7. The hearing on Black & Veatch's motion to compel production of MID's emails and 6 other electronic records, currently on calendar for August 1, 2012, at 9:30 AM, shall be continued 17 to Wednesday, August 22, at 9:30 AM. 18

DATED: July 30, 2012 WULFSBERG REESE COLVIG & FIRSTMAN PROFESSIONAL CORPORATION 19 20 By /s/ Gregory R. Aker Gregory R. Aker 21 Attorneys for Plaintiff and Counterdefendant BLACK & VEATCH CORPORATION 22 23 24 DATED: July 30, 2012 McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH, LLP 25 26 By /s/ Stephen Carroll (As Authorized on 07/30/12) Stephen E. Carroll 27 28 Attorneys for Defendant and Counterclaimant MODESTO IRRIGATION DISTRICT

ORDER

Based upon the stipulation of Black & Veatch and MID, as set forth above, and good cause appearing therefor,

IT IS SO ORDERED.

20120731

© 1992-2012 VersusLaw Inc.



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