Premier Pools Management Corp. v. Colony Insurance Co.

Filing 70

ORDER AFTER HEARING signed by Magistrate Judge Edmund F. Brennan on 4/12/18 ORDERING plaintiff's 61 motion to compel is GRANTED in part and DENIED in part: Within 7 days of this order, defendant shall produce documents related to Ms. Whitake r's monitoring of the underlying state court trial, including Ms. Whitaker's written reports. Plaintiff may conduct a 4-hr deposition of Ms. Whitaker. The subject matter of the deposition shall be limited to the factual information Ms. Wh itaker provided Colony and/or Ms. Fine re the underlying state court trial; Plaintiff may depose Ms. Fine for an additional 2 hrs. The deposition shall be limited to questions that Ms. Fine was directed to not answer at her initial deposition, as well as any related follow-up questions; Plaintiff's motion to compel is DENIED in all other regards. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PREMIER POOLS MANAGEMENT
CORP.,
Plaintiff,

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No. 2:13-cv-2038-JAM-EFB

ORDER AFTER HEARING
v.
COLONY INSURANCE CO.,
Defendant.

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This case was before the court on April 11, 2018, for hearing on plaintiff’s motion to

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compel further responses to interrogatories and requests for production of documents and the

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depositions of Ellen Fine and Estee Whitaker. ECF No. 61. Attorney Reid Winthrop appeared on

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behalf of plaintiff and attorney Marc Feldman appeared on behalf of defendant.1

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For the reasons stated on the record, plaintiff’s motion to compel is granted in part and
denied in part as follows:
1. Within 7 days of this order, defendant shall produce documents related to Ms.

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Whitaker’s monitoring of the underlying state court trial, including Ms. Whitaker’s written

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reports. If any information is redacted from the produced documents, defendant shall also serve a

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Both attorneys appeared by telephone.
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privilege log providing sufficient information to allow plaintiff to gauge the propriety of the

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redaction(s).

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2. Plaintiff may conduct a four-hour deposition of Ms. Whitaker. The subject matter of

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the deposition shall be limited to the factual information Ms. Whitaker provided Colony and/or

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Ms. Fine regarding the underlying state court trial.

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3. Plaintiff may depose Ms. Fine for an additional 2 hours. The deposition shall be

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limited to questions that Ms. Fine was directed to not answer at her initial deposition, as well as

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any related follow-up questions.

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4. Plaintiff’s motion to compel is denied in all other regards.
DATED: April 12, 2018.

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