Common use of ARGUMENT Clause in Contracts

ARGUMENT. As noted above, this case is in its early stages of discovery and involves a complex subject matter and dozens of parties. In an effort to minimize judicial intervention in the discovery process and better streamline the production of documents and information, Plaintiffs circulated a proposed stipulated Protective Order (Ex. A), a Clawback Agreement (Ex. B), and an ESI Protocol (Ex. C) to all parties. These proposed discovery protocols lay out the handling of protected information and documents, the process for handling inadvertent productions of privileged or confidential information, as well as the method for preserving ESI, collecting and exchanging search terms for ESI, the form of production, prior productions, the handling of privileged information, and more. ELECTRONICALLY FILED - 2024 Aug 22 11:08 AM - CHARLESTON - COMMON PLEAS - CASE#2023CP1002574 These protocols lay out, in detail, proposed plans and limitations on discovery, as well as the form of production and other issues relating to ESI and protocols for claims of privilege or protection of requested information. These proposed protocols lay out, in detail, all of the information required under Rule 26(f) for the setting of a discovery conference. Plaintiffs have made multiple good faith efforts to reach agreement with opposing attorneys on the issues presented in this motion. Plaintiffs have circulated proposed stipulated protective orders and ESI protocols to all parties on multiple occasions requesting and implementing feedback as it is received. Plaintiffs also circulated the latest forms of the Protective Order (Ex. A), Clawback Agreement (Ex. B), and ESI Protocol (Ex. C) on August 14, 2024, requesting that the Parties advise whether they consent or object to same. Plaintiffs received a response from the original developer, Defendant 10 West Edge Owner, LLC providing its consent to the Clawback Agreement and entry of the proposed Protective Order and ESI Protocol. Plaintiffs have not received a response from the remaining Defendants advising whether they consent or object to the proposed Protective Order, Clawback Agreement, and ESI Protocol in their current forms. Thus, Plaintiffs believe that a discovery conference before the Court will encourage open discussion between all parties to come to an agreement on proper discovery protocols to better streamline the discovery process given the complexity of the case.