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The Purpose of an ESI Protocol

The California court clarified that an Electronic Stored Information (ESI) protocol is designed to promote reasonable electronic discovery, curb costs, and ensure preservation of relevant data. In Plata v. Lands’ End, the plaintiff sent a draft protocol, the defendant proposed revisions, and the plaintiff failed to respond or engage in a meet‑and‑confer. The judge warned that disagreement alone does not constitute an impasse and emphasized the parties' duty to negotiate in good faith before seeking court intervention. The ruling also distinguished an ESI protocol from a Rule 26(f) discovery plan.