Endurance American Specialty Insurance Company v. Lance-Kashian & Co. et al

Filing 98

ORDER; Stipulation 97 re: Endurance's Production of Additional Documents and Taking of Depositions of Keith Little and John Minett. signed by Magistrate Judge Barbara A. McAuliffe on 11/8/2011. (Herman, H)

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James P. Wagoner, #058553
Lejf E. Knutson, #234203
McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
P.O. Box 28912
5 River Park Place East
Fresno, CA 93720-1501
Telephone:
[phone]
Facsimile:
[phone]

(SPACE BELOW FOR FILING STAMP ONLY)

Attorneys for Defendants and Counter-Complainants
LANCE-KASHIAN & COMPANY, EDWARD
KASHIAN, and JENNIFER SCHUH

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION

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ENDURANCE AMERICAN SPECIALTY
INSURANCE COMPANY,

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Plaintiff,
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v.
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Case No. 1:10-cv-01284-LJO-BAM
ORDER; STIPULATION RE:
ENDURANCE’S PRODUCTION OF
ADDITIONAL DOCUMENTS AND
TAKING OF DEPOSITIONS OF KEITH
LITTLE AND JOHN MINETT

LANCE-KASHIAN & COMPANY,
EDWARD KASHIAN, and JENNIFER
SCHUH,

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Defendants.
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LANCE-KASHIAN & COMPANY,
EDWARD KASHIAN, and JENNIFER
SCHUH,
Counter-Complainants,

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v.

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ENDURANCE AMERICAN SPECIALTY
INSURANCE COMPANY,

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Counter-Defendant.

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP

ORDER; STIPULATION RE: ENDURANCE’S PRODUCTION OF ADDITIONAL DOCUMENTS AND
TAKING OF DEPOSITIONS OF KEITH LITTLE AND JOHN MINETT

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The stipulation having been reviewed by the Court and for good cause shown, the
stipulation is approved and it is hereby ORDERED that:

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1) Endurance American Specialty Insurance Company (“Endurance”) will produce, no

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later than December 9, 2011, all documents responsive to Lance-Kashian & Co., Edward

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Kashian, and Jennifer Schuh’s (“Defendants”) requests for production 23, 24, 25, 26, 31, 35, and

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36, but shall limit its production under each category to approximately 250-300 files internally

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coded at Endurance under the Delaware and California search fields, and shall be further limited

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1) to files in which the subject litigation was located in California and/or Delaware, 2) to files

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involving claims open during the years 2009 and/or 2010, and 3) to files involving the same

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product line to which the Endurance policy at issue in this action belongs consisting of policies

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which include professional liability coverage.

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2) For purposes of requests for production 23, 24, 25, and 26, each of which references

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actions that are “similar” to the Adversary Proceeding, a “similar” proceeding shall mean any

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civil proceeding, including but not limited to an adversary proceeding in bankruptcy court, in

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which allegations are made against the insured of intentional and/or negligent business torts

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and/or contract claims, including but not limited to, claims for breach of a partnership agreement

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or other contract, breach of the covenant of good faith and fair dealing, breach of fiduciary duty,

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intentional interference with prospective economic advantage, negligent interference with

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prospective economic

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enforcement of a stay, injunctive relief, and/or other related or similar business-type torts.

advantage, intentional

or unintentional misrepresentations/fraud,

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/././

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/././

MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP

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(PROPOSED) ORDER RE: STIPULATION RE: ENDURANCE’S PRODUCTION OF ADDITIONAL
DOCUMENTS AND TAKING OF DEPOSITIONS OF KEITH LITTLE AND JOHN MINETT

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3) The depositions of Keith Little and John Minett, which were ordered by the Court to

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take place no later than November 18, 2011, shall be taken no later than December 31, 2011. If

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the parties are not able to identify a mutually convenient date for the depositions before

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December 31, 2011, the parties will seek an extension of time from the Court in which do so.

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The Court’s October 21, 2011 Minute Order granting the depositions otherwise remains

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unchanged, including with respect to the scope and duration limitations imposed by the Court.

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IT IS SO ORDERED.
Dated:

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/s/ Barbara

November 7, 2011

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

10c20kb8554

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP

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(PROPOSED) ORDER RE: STIPULATION RE: ENDURANCE’S PRODUCTION OF ADDITIONAL
DOCUMENTS AND TAKING OF DEPOSITIONS OF KEITH LITTLE AND JOHN MINETT