Subpoena Issued in the Matter of v. Allstate Insurance Company

Filing 9

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
SOUTHERN DIVISION
IN RE: SUBPOENA ISSUED IN THE
MATTER OF EARL SCOTT BREWER,
et al.,

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Plaintiffs,
vs.
ALLSTATE INSURANCE COMPANY,
Defendant.

MISC. CASE NO.

14-00003-KD-B

ORDER
This action is before the Court on Plaintiffs’ Motion to
Enforce

Subpoena

(Doc. 5).
2014,

issued

to

Pilot

Catastrophe

Services,

Inc.

A discovery conference was conducted on September 5,

with

counsel

for

Plaintiffs

and

non-party

Pilot

Catastrophe Services, Inc. (hereinafter “Pilot”) participating.
Based

upon

a

review

of

the

motion

and

Pilot’s

response

in

opposition, and the representations of counsel, the motion is
granted in part and denied in part.
As

directed

at

the

discovery

conference,

counsel

for

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
insurance

for

their

property

located

at

14

Sawgrass

Drive,

LaPlace, Louisiana.

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
the Court.
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:
Requests

Nos.

1,

18,

19:

the

curriculum

vitae,

application,

resume, training record and performance appraisals of the Pilot
claims adjusters identified by Plaintiffs.
Request Nos. 2, 15: any documents generated from an electronic
search

of

Pilot’s

database

utilizing

the

insured’s

name,

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.
Requests

Nos.

5-9:

claims

handling

manuals

and

training

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

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claim on behalf of Allstate, and were not maintained in the
Allstate claim file.
Finally,
remaining

for

the

documents

reasons

being

observed

sought

by

on

the

record,

Plaintiffs

should

the
be

obtained, if at all, directly from Allstate, a party to this
action.

The court where the underlying action is pending is in

a better position to ascertain whether the requested documents
are

relevant,

and

whether

the

benefit

of

said

discovery

is

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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