Smith et al v. Antioch Unified School District et al

Filing 99

STIPULATION AND ORDER REGARDING PRODUCTION OF ESI BY AUSD. Signed by Judge Richard Seeborg on 5/18/17. (cl, COURT STAFF) (Filed on 5/18/2017)

1
2
3
4

PETER W. ALFERT, SBN 83139
IAN A. HANSEN, SBN 255449
LAW OFFICES OF PETER ALFERT
200 Pringle Ave., Suite 450
Walnut Creek, California 94596
Telephone: [phone]
Facsimile: [phone]
[e-mail]

5
6
7
8
9

TODD BOLEY, SBN 68119
JUSTIN YOUNG, SBN 267315
LAW OFFICES OF TODD BOLEY
2381 Mariner Square Drive, Suite 280
Alameda, CA 94501
Telephone: (510) 8\36-4500
Facsimile: [phone]
[e-mail]

10

Attorneys for PLAINTIFFS

11
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

12

13
14
15
16

MICHELE SMITH and M.M., a minor by and
through his guardian ad litem MICHELLE
SMITH
Plaintiffs,
v.

17
18

Case No. 16-cv-01676

JOINT STIPULATION AND
ORDER RE PRODUCTION OF
ELECTRONICALLY STORED
INFORMATION BY ANTIOCH
UNIFIED SCHOOL DISTRICT

ANTIOCH UNIFIED SCHOOL DISTRICT,
TOBINWORLD, SARA FORGHANI,
ANDREW ALTES and DOES 1-30,

19

Defendants.

20
21
22
23
24
25
26
27
28

Plaintiffs Michele Smith and M.M., a minor by and through his guardian ad litem
AUSD” hereby
)
MICHELE SMITH and Defendant ANTIOCH UNIFIED SCHOOL DISTRICT (“
jointly move this Court for an order concerning the production of ESI in this case and have reached
the following stipulations and request an order thereon.
1. Defendant AUSD shall make its best efforts to complete its search and production of
responsive ESI to plaintiffs by June 30, 2017. Defendants shall search all available servers,
as well as any archiving or journaling systems for documents which include any of the key
word search terms on Exhibit A.
1
JOINT STIPULATION AND [PROPOSED] ORDER REGARDING
PRODUCTION OF ELECTRONICALLY STORED INFORMATION BY AUSD

16-CV-01676

1

2. Defendant’ search and production will include deleted emails to the extent they are
s

2

recoverable.

3

3. Defendant will begin producing responsive ESI on or before May 19, 2017 and will make

4

its best efforts to complete production of ESI to plaintiffs by June 30, 2017.

5

4. After production by AUSD, plaintiffs will give notice to AUSD of any document(s) they

6

seek to have un-redacted and, if defendant agrees that the redacted name and/or information

7

is relevant or is likely to lead to the discovery of relevant and admissible evidence,

8

defendant will, within five days of plaintiff’ notice, send out the notice to parent(s)
s

9

attached hereto as Exhibit B, as required by FERPA as to any educational records.

10

5. If no objection is received from the parent in response to defendants notice within 14 days,

11

Defendant AUSD will produce all such redacted documents identified by plaintiffs in native

12

format without redaction.

13

6. If an objection is received, AUSD will provide plaintiffs with a redacted copy of the

14

objection and plaintiffs may file a motion to compel production of the redacted records.

15

7. If AUSD does not agree that an unredacted copy of any document requested by plaintiffs’

16

counsel should be provided, the parties will meet and confer in an effort to resolve the

17

dispute. If the parties cannot resolve the dispute, it may be brought before the randomly

assigned Magistrate Judge accordance with the discovery order.

19

Date: May 17, 2017

LAW OFFICES OF PETER ALFERT, APC

20

21

/s/ Peter Alfert
PETER W. ALFERT
Attorney for Plaintiffs

22
23

Date: May 17, 2017

CHAPMAN & INTRIERI, LLP

24

25
26
27
28

/s/ Jessica Fakihimi
MARK INTRIERI
JESSICA FAKHIMI
Attorneys for Defendant
ANTIOCH UNFIIED SCHOOL DISTRICT
2
JOINT STIPULATION AND [PROPOSED] ORDER REGARDING
PRODUCTION OF ELECTRONICALLY STORED INFORMATION BY AUSD

16-CV-01676

1

ORDER

2
3

PURSUANT TO STIPULATION, IT IS SO ORDERED.

4

6

DATED: 5/18/17

Hon. Judge R. Seeborg
UNITED STATES DISTRICT JUDGE

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

3
JOINT STIPULATION AND [PROPOSED] ORDER REGARDING
PRODUCTION OF ELECTRONICALLY STORED INFORMATION BY AUSD

16-CV-01676