Klein
Klein v. Meta Platforms, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 MAXIMILIAN KLEIN, et al., Case No. 20-cv-08570-LHK (VKD)
Plaintiffs,
ORDER RE DISCOVERY DISPUTE RE
v. ESI PROTOCOL
FACEBOOK, INC., Re: Dkt. Nos. 133, 160 Defendant.
As directed by the Court, the parties report that they have reached agreement on several aspects of their dispute concerning the protocol for preservation, collection, review, and production of electronically stored information (“ESI”). Dkt. No. 160. The parties continue to disagree regarding two matters: (1) whether backup systems and/or tapes used for disaster recovery are not reasonably accessible and need not be preserved, and (2) whether the protocol should include a provision permitting a party to determine that a particular source of ESI need not be preserved if doing so is not proportional to the needs of the case. Id. at 2, 7. Backup Systems and Tapes As to the first dispute, the Court agrees with…