United States of America v. Zurich Insurance Company et al

Filing 47

ORDER by Magistrate Judge Elizabeth D. Laporte granting in part and denying in part 33 Motion to Quash (edllc2, COURT STAFF) (Filed on 7/26/2010)

United States of America v. Zurich Insurance Company et al

Doc. 47

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Ethan A. Miller (State Bar No. 155965) David A. Gabianelli (State Bar No. 158170) Ethan H. Seibert (State Bar No. 232262) SQUIRE, SANDERS & DEMPSEY L.L.P. One Maritime Plaza, Suite 300 San Francisco, CA 94111-3492 Telephone: + 1.415.954.0200 Facsimile: +1.415.393.9887 Email: [e-mail] Email: [e-mail] Email: [e-mail] Attorneys for Defendants and Counter-Claimant ZURICH AMERICAN INSURANCE COMPANY and STEADFAST INSURANCE COMPANY

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) ZURICH INSURANCE COMPANY, ) ZURICH AMERICAN INSURANCE ) COMPANY and STEADFAST ) INSURANCE COMPANY, ) ) Defendants. ) ____________________________________) No. C 08-05005 MMC EDL

ORDER

This matter came on for hearing this date of the United States of America's motion to quash, or in the alternative, for a protective order, regarding the subpoena served by Zurich American Insurance Company and Steadfast Insurance ("Zurich/Steadfast") on the U.S. Department of the Interior, National Park Service ("NPS") on April 28, 2010. The Court having reviewed the materials submitted by parties and heard the arguments of counsel, and being fully advised in the premises, //

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IT IS HEREBY ORDERED, that the motion for protective order is granted, in part. Within two business days from the entry of this Order, all responsive, non-privileged, nonwork product documents, not previously produced by NPS or available at a separate location in the GGNRA Park Archive, shall be made available for inspection by Zurich/Steadfast's counsel, who shall inspect and select as many or as few of such documents as Zurich/Steadfast desires. These documents shall be imaged and the images Bates-stamped at Zurich/Steadfast's own expense and at no cost to the NPS or the United States; and, IT IS FURTHER ORDERED, that a copy of all documents Bates numbered and imaged (or copied) by Zurich/Steadfast shall be produced to the NPS, provided that NPS shall pay Zurich/Steadfast for the cost of making those copies; and, IT IS FURTHER ORDERED, that the inspection by Zurich/Steadfast, described above, shall be conducted in a supervised area, to be designated by NPS, at Building 101, Upper Fort Mason, California. Zurich/Steadfast opposed incurring the additional expense of imaging and Bates-stamping documents not selected, so if they bring any motion to compel and/or for sanctions based on NPS's alleged failure to produce all non-privileged, non-work product, responsive documents, that fact will be taken into account. Dated: July 26, 2010

ELIZABETH D. LAPORTE United States Magistrate Judge

ORDER (Proposed) C 08-5005 MMC EDL

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