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Mou v. SSC San Jose Operating Co. LP

United States District Court, N.D. California

September 11, 2019

KAREN MOU, ANITA WILLIS, on behalf of themselves and those similarly situated, Plaintiffs,
v.
SSC SAN JOSE OPERATING COMPANY LP, SSC PITTSBURG OPERATING COMPANY LP, SSC OAKLAND EXCELL OPERATING COMPANY LP, SSC NEWPORT BEACH OPERATING COMPANY LP, SSC CARMICHAEL OPERATING COMPANY LP, SSC TARZANA OPERATING COMPANY LP, SAVASENIORCARE LLC, SAVASENIOR CARE ADMINISTRATIVE SERVICES, LLC, SAVASENIORCARE CONSULTING, LLC, SSC DISBURSEMENT COMPANY, LLC and DOES 1-10, Defendants.

          ORDER RE: DISCOVERY PLAN AND RESOLVING DISCOVERY DISPUTE

          HON. NATHANAEL M. COUSINS JUDGE.

         ORDER

         1. PURPOSE

         This Order resolves a discovery dispute (ECF 71, 73) with dueling proposed orders (ECF 75, 76) for an ESI discovery plan in this case. The Court held a hearing on the dispute on September 11. This Order is derived from the proposed order filed by defendants. It is guided by the need for an ESI discovery plan to guide the parties justly and efficiently through the discovery process, with discovery of information proportional to the needs of the case under Fed.R.Civ.P. 26. The Court set a further discovery hearing for October 30, 2019, at 1:00 p.m. to follow up on the implementation of this plan. No costs or fees are awarded.

         2. COOPERATION

         The parties must be mindful of the importance the Court places on cooperation and commit to cooperate in good faith throughout the matter. With respect to ESI, cooperation must be consistent with this Court's Guidelines for the Discovery of ESI.

         3. LIAISONS

         The parties have previously identified and consulted with liaisons (e.g., in-house counsel, members of Defendants' information technology systems executive team, and third party e-discovery vendors) who are and will be knowledgeable about and responsible for discussing their respective ESI. The parties' e-discovery liaisons must be, or have access to those who are, knowledgeable about the technical aspects of e-discovery, including the location, nature, accessibility, format, collection, search methodologies, and production of ESI in this matter. The parties must rely on the liaisons, as needed, to confer about ESI and to help resolve disputes without court intervention.

         4. PRESERVATION

         The Court finds that the preservation obligations described below are reasonable and proportionate to the needs of this matter. To reduce the costs and burdens of preservation and to ensure proper ESI is preserved, the Court orders:

         1.1. ESI created or received after February 20, 2014, through June 6, 2018 will be preserved;

         1.2. Defendants will preserve ESI for the following custodians:

• Remedios Tibayan, Administrator
• Corazon Obillo, Administrator
• Antonio Moya, Administrator
• Teodora Chua, Director of Nursing
• Glenda Cabrera, Director of Nursing
• Zenaida Francisco, Director of ...

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