United States District Court, E.D. North Carolina, Western Division
H. Maginnis, Karl S. Gwaltney MAGINNIS LAW, PLLC Scott C.
Harris, Patrick M. Wallace WHITFIELD BRYSON & MASON LLP
Attorneys for Plaintiff
Davis N.C. State Bar No. 22014, Jennifer K. Van Zant N.C.
State Bar No. 21280, D.J. O'Brien III N.C. State Bar No.
35481 Craig D. Schauer N.C. State Bar No. 41571, Jessica
Thaller-Moran N.C. State Bar No. 46444 Attorneys for
CASE MANAGEMENT ORDER (ESI)
T. Numbers, II United States Magistrate Judge
to the agreement of counsel, the Court ORDERS as follows:
Order (the “Protocol”) will govern discovery of
hard copy documents and Electronically Stored Information
(“ESI”) in this matter as a supplement to the
Federal Rules of Civil Procedure and United States District
Court for the Eastern District of North Carolina Local Rules.
Protocol is not intended to expand any document preservation
or production requirements under the Federal Rules of Civil
Procedure or limit any protection available to a Party under
the Federal Rules of Civil Procedure or the Federal Rules of
Evidence. The Parties will endeavor to comply with this
Protocol, but if compliance with this agreement creates an
undue burden or expense, the Parties shall attempt to resolve
such issues in good faith.
agreeing to this Protocol, no Party waives any rights under
Federal Rule of Civil Procedure 26. Further, the Parties
agree that the standard enumerated in Rule 37(e) will govern
any issue regarding spoliation measures or sanctions in this
“Parties” shall mean Plaintiff(s) and Defendants.
“Party” shall mean any individually named
Plaintiff(s) or Camden Property Trust, Camden Development,
Inc., and CSP Community Owner, LP (hereafter
“Camden”). To the extent that additional Parties
are transferred, coordinated, or consolidated into this
proceeding, this Order shall govern the continuing
obligations of such additional Parties regarding preservation
of documents, and ESI, on a going-forward basis.
“ESI, ” for the purposes of this Agreement, shall
be the same as the term “electronically stored
information” in Fed.R.Civ.P. 34.
“Records” shall include “documents”
and “electronically stored information” as
defined in Federal Rule of Civil Procedure 34(a) that fall
within the scope of Federal Rule of Civil Procedure 26(b).
Since the preservation of tangible materials other than
documents shall be addressed in a separate case management
order, as used herein, “Records” shall not
include tangible materials.
“Backup Systems” refers to computer systems used
to store electronic information on magnetic tapes or other
media to permit recovery of the information in the event of a
disaster or equipment failure.
“Backup Media, ” or “Tapes” refers to
magnetic tapes or other media onto which Backup Systems store
such electronic information.
“Preserve” or “Preservation” shall
mean taking reasonable steps to prevent the partial or full
destruction, alteration, deletion, shredding, incineration,
wiping, theft or mutation of Records, as well as negligent or
intentional handling that would make material incomplete or
inaccessible. “Preservation” is to be interpreted
broadly to accomplish the goal of maintaining the integrity
of all Records reasonably anticipated to be subject to
discovery under Federal Rules of Civil Procedure 26, 45 and
56(e) in this action. If duplicative records exist, only one
copy of that record must be preserved.
“Custodians(s)” shall mean individuals who are
within the custody or control of the Parties pursuant to
Federal Rule of Civil Procedure 34 and who have discoverable
ESI or documents in their possession.
“Custodial File” shall mean Records produced for
a given Custodian consisting of relevant, responsive,
non-privileged: (1) ESI or paper documents that represent
that Custodian's individual files (as opposed to
departmental or company-wide files); (2) the Custodian's
individual email account(s). ...