Subpoena Issued in the Matter of v. Allstate Insurance Company
ORDER granting in part and denying in part 5 Motion to Enforce Subpoena, as further set out. Signed by Magistrate Judge Sonja F. Bivins on 9/5/2014. copies to parties. (sdb)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
IN RE: SUBPOENA ISSUED IN THE
MATTER OF EARL SCOTT BREWER,
ALLSTATE INSURANCE COMPANY,
MISC. CASE NO.
This action is before the Court on Plaintiffs’ Motion to
A discovery conference was conducted on September 5,
Catastrophe Services, Inc. (hereinafter “Pilot”) participating.
opposition, and the representations of counsel, the motion is
granted in part and denied in part.
Plaintiffs shall provide, within seven (7) days of this order,
written notification to Pilot’s defense counsel, of the names of
the Pilot claims adjusters who handled, on behalf of Allstate
insurance, the flood claim that Plaintiffs filed with Allstate
Also, within seven (7) days of this order,
counsel for Pilot shall submit to Plaintiffs’ counsel a proposed
joint confidentiality agreement and order. Plaintiffs’ counsel
is responsible for executing and filing the proposed order with
Moreover, for the reasons stated on the record, Pilot is
directed to produce the following documents fourteen (14) days
after identification of the Pilot claims adjusters who handled
Plaintiffs’ flood claim on behalf of Allstate:
resume, training record and performance appraisals of the Pilot
claims adjusters identified by Plaintiffs.
Request Nos. 2, 15: any documents generated from an electronic
property address, claim number and the claim adjuster’s name.
Request No. 4: all Pilot invoices and timesheets related to the
specific flood claim at issue.
materials that were utilized by Pilot to adjust flood claims for
Allstate up to two years prior to the flood that is at issue in
this case, and
Request Nos. 10-14: produce any materials that were generated or
utilized by Pilot claims adjusters to handle Plaintiffs’ flood
claim on behalf of Allstate, and were not maintained in the
Allstate claim file.
obtained, if at all, directly from Allstate, a party to this
The court where the underlying action is pending is in
a better position to ascertain whether the requested documents
significant when measured against the issues at stake and burden
of retrieving said documents.
DONE this 5th day of September, 2014.
/s/ SONJA F. BIVINS
UNITED STATES MAGISTRATE JUDGE
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