Lexington Insurance Company v. Sentry Select Insurance Company

Filing 98

ORDER on Lexington Insurance Company's Motion to Compel, 87 , signed by Magistrate Judge Sheila K. Oberto on 6/10/2010. (Timken, A)

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MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

LEXINGTON INSURANCE COMPANY, a Delaware Corporation, Plaintiff, v. SENTRY SELECT INSURANCE COMPANY, an Illinois Corporation, Defendant.

Case No. 1:08-cv-01539-LJO-SKO ORDER ON LEXINGTON INSURANCE COMPANY'S MOTION TO COMPEL Pre-Trial Conference: Trial: October 4, 2010 November 15, 2010

On June 4, 2010, at 9:30 a.m., Lexington's Motion to Compel was heard before the Honorable Sheila K. Oberto. Attorney Annette A. Ballatore-Williamson appeared and argued on behalf of Plaintiff Lexington Insurance Company ("Lexington"). Attorney Vanessa L. O'Brien appeared and argued on behalf of Defendant Sentry Select Insurance Company ("Sentry"). At the Court's request, counsel for Lexington and Sentry met and conferred off the record regarding their discovery dispute. Ultimately, the parties were able to resolve some of their disputes with regard to Lexington's Special Interrogatories, Set Two, Nos. 16-18 and Request for Production, Set Two, Nos. 28-29. Pursuant to the parties' agreement and for the reasons stated on the record, IT IS HEREBY ORDERED THAT: 1. No later than July 2, 2010, Defendant Sentry shall serve further responses to
ORDER ON LEXINGTON INSURANCE COMPANY'S MOTION TO COMPEL 1:08-CV-01539-LJO-SKO

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MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

Special Interrogatory No. 16, by stating the total number of third party claims handled by Sentry between January 1, 2005, to January 1, 2008, in which Sentry has contributed to a settlement in a wrongful death action filed in California on behalf of its insured pursuant to a commercial automobile insurance policy. 2. No later than July 2, 2010, Defendant Sentry shall serve further responses to

Special Interrogatory No. 17, by providing the Plaintiff's name, county of venue, and case number for each third party claims handled by Sentry between January 1, 2005, to January 1, 2008, in which Sentry has contributed to a settlement in a wrongful death action filed in California on behalf of its insured pursuant to a commercial automobile insurance policy. 3. No later than July 2, 2010, Defendant Sentry shall provide further responses to

Special Interrogatory No. 18 by stating the amount Sentry contributed towards a settlement of a third party claim in a wrongful death action filed in California between January 1, 2005, and January 1, 2008, and handled by Sentry on behalf of its insured pursuant to a commercial automobile insurance policy. Sentry's response to Special Interrogatory No. 18 shall be further limited to only those settlement amounts which have been disclosed in the public record. 4. Pursuant to the parties' agreement, Sentry need not respond to Request for

Production No. 28. Therefore, Lexington's Motion to Compel further responses to Request for Production of Documents No. 28 is denied. 5. No later than June 11, 2010, Defendant Sentry shall provide further responses to

Request for Production of Documents No. 29, by producing all documents including, but not limited to, letters, reports or emails that Sentry sent to any reinsurer regarding the underlying Moran Action.

IT IS SO ORDERED. Dated:
DEAC_Signature-END:

June 10, 2010

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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ORDER ON LEXINGTON INSURANCE COMPANY'S MOTION TO COMPEL 1:08-CV-01539-LJO-SKO