IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

IN RE: PREMERA BLUE CROSS

CUSTOMER DATA SECURITY BREACH

LITIGATION

This Document Relates to All Actions

Case No. 3:15-md-2633-SI

JOINT RULE 26(F) REPORT

1. Counsel for the parties, Kim Stephens and James Pizzirusso on behalf of Plaintiffs

Mary Fuerst, Ross Imbler, Anne Emerson, Debbie Hansen-Bosse, William Fitch, Eric Forseter,

Anne Michelle Blackwolfe, Krishnendu and Madhuchanda Chakraborty, Howard Kaplowitz,

Stuart and Ilene Hirsh, Darin Purcell, Kevin Smith and Catherine Bushman, Sharif Ailey, April

Allred, Elizabeth Black, Ralph Christopherson, Robert and Theresa Foulon, Crystal Hayes,

Barbara Lynch, Kevin McLallen, Surya Prakash, Gabriel and Laura Webster, and Joann Welch

(collectively “Plaintiffs”) and Paul Karlsgodt and James Sherer on behalf of Defendant, Premera

Blue Cross, met and conferred on December 1, 2015, as required by this Court’s Pretrial Order

No. 3 [Docket No. 10] and Fed. R. Civ. P. 26(f) and the Local Rules, and they prepared the

following report.

2. Initial Disclosures. The parties will exchange by January 29, 2016, the following

information required by Fed. R. Civ. P. 26(a)(1)(A)(i): the name, and, if known, the address and

telephone number of each individual likely to have discoverable information—along with the

subject of that information—that the disclosing party may use to support its claims or defenses,

unless the use would be solely for impeachment. Defendant has already produced all insurance

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policies that it believes might cover the conduct alleged in Plaintiffs’ Complaint. The parties have

agreed to waive all other initial disclosures.

3. Discovery Plan. The parties jointly propose to the court the following discovery

plan:

a. Discovery will be needed on the following subjects: Defendant’s

representations regarding the security of Plaintiffs’ personal and medical

information; Defendant’s computer systems and security measures; the nature and

cause of the security incident; whether and the extent to which that Plaintiffs’

personal and medical information was reviewed or disclosed; efforts undertaken by

Defendant to remediate the security incident; and whether and to what extent any

injuries or damages were caused by the security incident. The parties agree that

discovery will not be phased, though the parties anticipate that there will be a period

for discovery prior to class certification and an additional period for discovery after

a ruling on class certification.

b. The parties will propose a separate comprehensive Stipulated Request for

an Order Governing Discovery of Documents and Electronically Stored

Information (“ESI”) (the “Discovery Order”).

c. The parties will propose a separate comprehensive 502(d) and (e) Clawback

Stipulation and Order (“Clawback Order”).

The parties are not required to log privileged or work product documents

entirely from or between outside counsel and a party, dated after the date in which

the party retained outside counsel in connection with the security incident from

which this matter arises. Both sides reserve the right to request a log of particular

Case 3:15-md-02633-SI Document 51 Filed 12/18/15 Page 2 of 8
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types of these documents where good cause exists. The producing party will

provide a privilege log within thirty (30) days after each production.

The parties have discussed potential privilege issues associated with a report

prepared for Defendant by a third party (Mandiant) relating to the data breach.

Defendant has asserted that the full report is protected attorney work product. The

parties anticipate that there will be motions practice related to plaintiffs’ demand

for production of this report.

d. Dates for commencing and completing discovery are outlined in this

Court’s Pretrial Order No. 3 [Docket No. 10].

e. There are a maximum of forty interrogatories by each party to any other

party or group of parties.

f. There is no limit on requests for admission by each party to any other party

or group of parties. The parties agree to meet and confer regarding authenticity of

documents to try to avoid the need to use requests for admission for this purpose.

g. The parties agree that Plaintiffs, collectively, and Defendant may each take

up to ten (10) lay witness depositions without seeking leave of court under Fed. R.

Civ. P. 30(a)(2). Expert witness depositions shall not count against this agreed

limit. Furthermore, if Defendant identifies more than ten witnesses on its initial

disclosures, the parties agree that the limitation of ten (10) lay witness depositions

will be expanded to include the number of lay witnesses Defendant and Plaintiffs

may take depositions up to that maximum number.

Counsel will make every effort to coordinate on deposition scheduling in

advance of sending notices of deposition. Nothing herein precludes a party from

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serving a notice of deposition following such request if dates are not agreed upon

within five (5) business days of notice of intent to depose having been given.

Regardless of location, all depositions shall be conducted in accordance with all

applicable Federal Rules of Civil Procedure and the Federal Rules of Evidence

unless otherwise required by law. All objections shall be stated concisely in a nonargumentative and non-suggestive manner. The phrase “objection, form” shall

preserve all objections to the form of a question under the Federal Rules and may

be used instead of making any particular objection to the form of a question.

Counsel shall avoid making speaking objections.

Parties shall be deposed where they reside unless the parties reach a mutual

agreement as to an appropriate alternative location.

h. Each deposition is limited to maximum of seven (7) hours unless extended

by agreement of parties or good cause is shown. Absent agreement of the parties

or a court order allowing for additional time under Rule 30(d)(1), the subpoenaing

party may depose a third party witness for up to five (5) hours and the nonsubpoenaing party (if they cross-notice the deposition) may depose the witness for

up to two (2) hours. The parties will meet and confer in good faith regarding this

presumptive split of deposition time as needed. To the extent that either party does

not use its allotted time, the other party may use the remaining time for further

questioning.

g. Reports from retained experts under Rule 26(a)(2) will be due pursuant to

the Court’s Pretrial Order No. 3 [Docket No. 10].

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4. Other Items.

a. Settlement cannot be evaluated prior to a ruling on the Motion to Dismiss.

Settlement may be enhanced by use of the following alternative dispute resolution procedure:

mediation.

DATED December 18, 2015.

TOUSLEY BRAIN STEPHENS PLLC

By: s/Kim D. Stephens

Kim D. Stephens, OSB No. 030635

Christopher I. Brain, admitted pro hac vice

Chase C. Alvord, OSB No. 070590

Jason T. Dennett, admitted pro hac vice

1700 Seventh Avenue, Suite 2200

Seattle, WA 98101

Tel: (206) 682-5600

Fax: (206) 682-2992

Email: cbrain@tousley.com

kstephens@tousley.com

calvord@tousley.com

jdennett@tousley.com

Interim Lead Plaintiffs’ Counsel

STOLL STOLL BERNE LOKTING &

SHLACHTER P.C.

By: s/ Steve D. Larson

Keith S. Dubanevich, OSB No. 975200

Steve D. Larson, OSB No. 863540

Mark A. Friel, OSB No. 002592

209 SW Oak Street, Suite 500

Portland, OR 97204

Tel: (503) 227-1600

Fax: (503) 227-6840

Email: kdubanevich@stollberne.com

slarson@stollberne.com

mfriel@stollberne.com

Interim Liaison Plaintiffs’ Counsel

Case 3:15-md-02633-SI Document 51 Filed 12/18/15 Page 5 of 8
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Ari J. Scharg

ascharg@edelson.com

EDELSON PC

350 North LaSalle Street, Suite 1300

Chicago, Illinois 60654

Tel: 312.589.6370

Fax: 312.589.6378

Tina Wolfson

twolfson@ahdootwolfson.com

AHDOOT AND WOLFSON, PC

1016 Palm Avenue

West Hollywood, CA 90069

Tel: 310.474.9111

Fax: 310.474.8585

James Pizzirusso

jpizzirusso@hausfeldllp.com

HAUSFELD LLP

1700 K. Street NW, Suite 650

Washington, DC 20006

Tel: 202.540.7200

Fax: 202.540.7201

Plaintiffs’ Executive Leadership Committee

PREMERA BLUE CROSS

By: s/ Paul G. Karlsgodt

Paul G. Karlsgodt

pkarlsgodt@bakerlaw.com

BAKER & HOSTETLER LLP

1801 California Street, Suite 4400

Denver, Colorado 80202

Tel: 303.861.0600

Fax: 303.861.7805

Daniel R. Warren

dwarren@bakerlaw.com

BAKER & HOSTETLER LLP

1900 East Ninth Street, Suite 3200

Cleveland, Ohio 44114

Tel: 216.620.0200

Fax: 216.696.0740

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Darin M. Sands

sandsd@lanepowell.com

LANE POWELL PC

601 S.W. Second Avenue, Suite 2100

Portland, Oregon 97204

Tel: 503.778.2117

Fax: 503.778.2200

Counsel for Defendant Premera Blue Cross

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CERTIFICATE OF SERVICE

I hereby certify that on this day I electronically filed the foregoing document with the Clerk

of the Court using the CM/ECF system which will send notification of such filing to all counsel of

record.

s/ Kim D. Stephens

Kim D. Stephens

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