D. Or. LR 26-1

Unless exempted under Fed. R. Civ. P. 26(a)(1)(B) or otherwise ordered by the Court:

(1) The parties must hold a Fed. R. Civ. P. 26(f) initial conference of counsel for discovery planning within 30 days after a defendant files a responsive pleading or a motion under Fed. R. Civ. P. 12.

(2) Electronically Stored Information (ESI). The parties must confer and be prepared to discuss the following during the initial discovery conference:

(A) Storage and Format of ESI: The hardware and software systems each party uses to create and maintain ESI for the purpose of understanding how the ESI has been or can be created, preserved, retrieved, and produced.

(B) ESI Liaison: The identity of a person or persons with the ability to facilitate the preservation, retrieval, and production of each party's ESI throughout the course of the litigation. This liaison may be a party in the action and must be available to participate in any discovery motion hearing involving ESI.

(C) Preservation of ESI: The steps to ensure that discoverable ESI is not deleted, altered, or otherwise made inaccessible, such as sending litigation-hold notices to custodians and suspending or amending routine document-retention policies. Parties are to inform the court about steps that have been or will be taken to protect ESI under this rule. Parties should also be prepared to discuss whether the burden of taking certain preservation steps is not proportional to the needs of the case underFed. R. Civ. P. 26(b)(1).

(D) Scope of Discovery of ESI: Anticipated scope of discoverable ESI and search protocols for retrieving ESI, including consideration of how the proposed scope and search protocols are proportional to the needs of the case under Fed. R. Civ. P. 26(b)(1). Search protocols may include methods to filter or limit the data, such as the application of search terms, date ranges, predictive coding, or other methods of technology-assisted review. In addition, parties must discuss the possibility and feasibility of eliminating duplicative ESI and whether removing the duplicative ESI will occur within a particular custodian's data set or across all data sets.

(E) Requesting ESI: Methods for requesting and searching for responsive ESI, including:

(i) Whether the parties will rely on descriptions of requested documents typically used in paper-document discovery;

(ii) Whether a more collaborative process of developing search terms and custodians would better suit the needs of the parties; or

(iii) Whether some other method, such as technology-assisted review, may be the most appropriate and least expensive method under each party's circumstances.

(F) Production Format of ESI: Identification of each party's preferences for the format of any ESI, including:

(i) Whether the party intends to request the ESI in its originally created (native) format or some other reasonably usable format;

(ii) The effect the requested format will have on the preservation of any metadata identified by the requesting party;

(iii) What metadata, if any, the parties intend to request;

(iv) Whether producing it would impose unreasonable burdens in light of the needs of the case, and

(v) Whether the metadata is privileged.

(G) Preservation of Privilege: Recognizing that the production of ESI presents special perils and difficulties in preventing the accidental disclosure of privileged information, agreements comporting with Fed. R. Evid. 502, including:

(i) Whether to enter into "claw back" or "quick peek" agreements that specify how privilege should be asserted for ESI;

(ii) Procedures for producing ESI that have not been reviewed for privileged information without waiving any assertion of privilege; and

(iii) Procedures for presenting any assertion of privilege for any inadvertently disclosed ESI.