Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Russell v. Hatfield

United States District Court, W.D. North Carolina, Statesville Division

June 7, 2018

MIRANDA RUSSELL and RUTH HECKMAN, Plaintiffs,
v.
ROBERT HATFIELD Defendant. UNITED STATES OF AMERICA, Plaintiff,
v.
ROBERT NEAL HATFIELD, Defendant.

          For the Plaintiff UNITED STATES: R. ANDREW MURRAY United States Attorney Western District of North Carolina KATHERINE T. ARMSTRONG Assistant United States Attorney United States Attorney's Office Western District of North Carolina For Plaintiff RUTH HECKMAN Craig Hensel HENSEL LAW, PLLC For Defendant ROBERT NEAL HATFIELD Ryan D. Bolick Virginia Wooten CRANFILL SUMNER & HARTZOG LLP

          JOHN M. GORE Acting Assistant Attorney General Colin Stroud SAMEENA SHINA MAJEED Chief MICHAEL S. MAURER Deputy Chief BETH FRANK COLIN STROUD Trial Attorneys Housing and Civil Enforcement Section Civil Rights Division U.S. Department of Justice

          STIPULATION AND ORDER REGARDING DISCOVERY

          DAVID S. CAYER UNITED STATES MAGISTRATE JUDGE

         Plaintiff United States, Plaintiff Ruth Heckman, and the Defendant (collectively “Parties”) mutually seek to reduce the time, expense and other burdens of discovery of documents, things, and electronically stored information (“ESI”). Therefore, the Parties are entering into this Stipulation to govern discovery obligations in this action.

         The Parties stipulate to the following:

         1.Obligation to Preserve. In accordance with the Federal Rules of Civil Procedure (“FRCP”), the Federal Rules of Evidence, and the relevant controlling principles of law, the Parties agree to preserve relevant documents, things, and ESI, created before or after the effective date of this Stipulation and Order. The Parties agree that by preserving documents, things, and ESI for the purpose of this litigation, they are not conceding that such material is discoverable, nor are they waiving any claim of privilege.

         2.Limitations on Obligation to Preserve. The Parties agree to limit the scope of preservation as described in this section.

         a. The Parties agree not to preserve the following categories of ESI: 1) delivery or read receipts of e-mail; 2) logs of calls made to or from mobile devices; 3) temporary or cache files, including internet history, web browser cache and cookie files, wherever located; 4) server, system or network logs; 5) data from photocopiers or fax machines; and, 6) auto-saved copies of electronic documents.

         b. Provided that each Party preserves at least one copy of all relevant ESI in a reasonably accessible location, the Party is not required to keep duplicate copies of: 1) e-mail or other electronic messages (including attachments) sent to multiple recipients; 2) ESI on mobile or portable devices (e.g., Blackberry, smart phones, flash drive); or 3) ESI on backup systems used for system recovery or information restoration that are routinely purged or overwritten in accordance with an established, documented, and routine system maintenance policy. If relevant ESI exists only on a Party's Backup System, the Party will preserve ESI on the Backup System until the Parties can agree on how and when the ESI will be preserved or produced. If the Parties cannot reach agreement, they will seek a ruling from the Court.

         c. The Parties agree not to preserve relevant, but otherwise privileged, documents, things, or ESI created by, and exchanged solely among: 1) attorneys or staff within the United States Department of Justice; 2) attorneys for or staff of Plaintiff Heckman's counsel; or 3) attorneys or staff of defense counsel; or solely between: 1) attorneys and staff of defense counsel and the Defendant in this case; 3) attorney and staff of Plaintiff Heckman's counsel; or 3) attorneys and staff of the United States Department of Justice and attorneys for other government agencies involved in this case.

         d. The Parties agree not to seek discovery of or list on a privilege log documents, things, and ESI that they have agreed not to preserve pursuant to subparagraphs 2 a - c, above. However, if a Party preserves relevant documents, things, or ESI covered by paragraphs 2 a - c, in order to support a claim or defense in this case, the Party shall produce such information or identify it on a privilege log notwithstanding the provisions of subparagraphs 2 a - c, above.

         e. This Stipulation and Order does not: 1) modify, amend, limit, or obviate any Party's obligation to maintain and preserve documents, things, and ESI where required by law; or 2) affect any other obligations of the Parties to preserve documents, things, and ESI, such as pursuant to a Party's own document retention policy, court order, administrative order, or in response to other anticipated litigation.

         3.Identification & Production of Documents, Things, and ESI: The Parties agree to produce documents, things, and ESI as follows:

         a. Word Processing Files, Spreadsheets, Presentations, and PDFs will be produced in their native format (e.g., Word files will be produced in Word, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.