Pacific Marine Center, Inc. et al v. Philadelphia Indemnity Insurance Company

Filing 22

ORDER re the PARTIES' DISCOVERY DISPUTE. 1) All supplemental responses to either the RFPs or the Interrogatories SHALL be made by December 26, 2014; 2) As discussed above, if a privilege is claimed and documents are withheld pursuant to a privi lege, Plaintiffs shall provide a privilege log by December 12, 2014; 3) Once Plaintiffs have supplemented their response, the parties are to meet and confer regarding any further disputes; 4) If there are remaining disputes following a meet and conf er, the parties SHALL submit via email to [e-mail] by no later than January 15, 2015, one joint statement outlining the remaining disputes and setting forth their respective positions; and 5) A further informal telephonic conf erence is SET for January 22, 2015, at 4:00 p.m. The parties are to coordinate one joint conference call to chambers at [phone] at the date and time set for the conference. Order signed by Magistrate Judge Sheila K. Oberto on 12/2/2014. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ORDER RE THE PARTIES'
DISCOVERY DISPUTE

Plaintiff,

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Case No.: 1:13-cv-00992-AWI-SKO

PACIFIC MARINE CENTER, INC., a
California corporation, and SONA
VARTANIAN, an individual,

vs.
PHILADELPHIA INDEMNITY INSURANCE
COMPANY, a Pennsylvania corporation, and
DOES 1 through 10, inclusive,
Defendant.

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On November 26, 2014, the parties appeared for an informal telephonic conference

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regarding a discovery dispute. Bruce Smyth, Esq., appeared on behalf of Defendant Philadelphia

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Indemnity Insurance Co. ("Defendant"); Jeff Reich, Esq., appeared on behalf of Plaintiffs Sona

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Vartanian and Pacific Marine Center, Inc. ("Plaintiffs").

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Requests For Production in September 29, 2014, Letter to Plaintiffs' Counsel

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Plaintiffs are ORDERED to supplement their responses to the following requests for

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production, propounded by Defendant in its letter of September 29, 2014. Unless otherwise set

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forth below, the supplemental responses shall be produced by December 26, 2014.

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and are ORDERED to produce those documents. Plaintiffs are also ORDERED to supplement their

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responses to these interrogatories, indicating under oath that all responsive documents have been

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provided. If there is any objection to production, the parties are to meet and confer. If further meet

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and confer efforts do not resolve the issue, the parties shall file a joint statement indicating their

RFP Nos. 1 and 2: Plaintiffs indicated they will provide additional responsive documents

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respective positions with regard to these interrogatories, as set forth below.

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2.

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and state definitively under oath that all responsive documents have been produced.

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3.

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that have not yet been produced. Plaintiffs are ORDERED to produce these documents.

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4.

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produce any responsive documents, or state under oath that all responsive documents have been

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produced.

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5.

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responsive documents or state definitively under oath that all responsive documents have been

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provided.

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6.

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response includes an objection based upon a privilege, a privilege log MUST be provided to

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Defendant by December 12, 2014. The parties are to meet and confer regarding any dispute over

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the supplemental response. If a dispute remains following the parties' meet and confer, they are to

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submit a joint status report to the Court outlining the dispute and indicating their respective

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positions, as set forth below.

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7.

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definitively under oath that all responsive documents have been produced.

RFP Nos. 4, 5, and 6: Plaintiffs are to supplement their responses to RFP Nos. 4, 5, and 6

RFP No. 9: Plaintiffs indicated there are one year of documents responsive to this request

RFP Nos. 10 and 11: Plaintiffs shall conduct a search for responsive documents and shall

RFP No. 12:

Plaintiffs are ORDERED to supplement their response and provide all

RFP No. 16: Plaintiffs are ORDERED to supplement their response to this RFP. If the

RFP No. 17:

Plaintiffs are ORDERED to supplement their responses to indicate

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Amended Responses to Request for Production, Set One

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On November 6, 2014, Plaintiffs produced additional documents responsive to Defendant's

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RFPs, Set One. Defendant is to review Plaintiffs' production and the parties shall meet and confer

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regarding any disputes remaining with respect to RFPs, Set One.

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Interrogatories, Set One

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As it pertains to Defendant's Interrogatories, Set One, Plaintiffs served supplemental

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responses that Defendant claims remain insufficient. With respect to these interrogatories, Plaintiffs

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are ORDERED to supplement their responses by December 26, 2014.

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Interrogatories Nos. 1, 4, and 7: Plaintiffs shall specifically identify which facts support

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which claim, as directed by the interrogatories. A narrative of Plaintiffs' version of events is

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insufficient.

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2.

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documents produced by claim, indicating which documents are relevant to each claim as directed by

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the interrogatories.

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3.

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whether she has visited a health provider as set forth in the interrogatory.

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Vartanian has seen a health care provider, she must provide the name and address of that provider.

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Plaintiffs indicate they have documents they will produce relevant to this interrogatory.

Interrogatories Nos. 3, 6, and 9: Plaintiffs shall supplement their responses to identify the

Interrogatory No. 11:

Plaintiffs shall supplement their response to state under oath

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Accordingly, IT IS HEREBY ORDERED that:

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1.

If Plaintiff Sona

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made by December 26, 2014;
2.

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As discussed above, if a privilege is claimed and documents are withheld pursuant to
a privilege, Plaintiffs shall provide a privilege log by December 12, 2014;

3.

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All supplemental responses to either the RFPs or the Interrogatories SHALL be

Once Plaintiffs have supplemented their response, the parties are to meet and confer
regarding any further disputes;

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If there are remaining disputes following a meet and confer, the parties SHALL

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submit via email to [e-mail] by no later than January 15,

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2015, one joint statement outlining the remaining disputes and setting forth their
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respective positions; and
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A further informal telephonic conference is SET for January 22, 2015, at 4:00 p.m.

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The parties are to coordinate one joint conference call to chambers at [phone]

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at the date and time set for the conference.

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IT IS SO ORDERED.
Dated:

December 2, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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