Terra Insurance Company v. New York Life Investment Management LLC

Filing 76

ORDER RE DEFENDANTS MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION. Signed by Judge Alsup on December 16, 2009. (whalc1, COURT STAFF) (Filed on 12/17/2009)

Case3:09-cv-01609-WHA Document75

Filed12/16/09 Page1 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
650 CALIFORNIA STREET NINTH FLOOR SAN FRANCISCO, CA 94108 [phone]

J. Russell Stedman (117130), [e-mail] Travis R. Wall (191662), [e-mail] Peter J. Felsenfeld (260433), [e-mail] BARGER & WOLEN LLP 650 California Street, 9th Floor San Francisco, California 94108-2713 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant New York Life Investment Management LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

TERRA INSURANCE COMPANY (A Risk Retention Group), Plaintiff, v. NEW YORK LIFE INVESTMENT MANAGEMENT LLC, Defendant.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

CASE NO. C 09-01609 WHA [PROPOSED] ORDER RE DFENDANT'S MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION Date: December 11, 2009 Time: 11:00 AM Courtroom 9, 19th Floor The Honorable William Alsup

BARGER & WOLEN LLP

[PROPOSED] ORDER RE DEFENDANT'S MOTION TO COMPEL FURTHER RESPONSES

Case3:09-cv-01609-WHA Document75

Filed12/16/09 Page2 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
650 CALIFORNIA STREET NINTH FLOOR SAN FRANCISCO, CA 94108 [phone]

[PROPOSED] ORDER Defendant New York Life Investment Management LLC ("Defendant") filed a letter on December 4, 2009 seeking further responses to the discovery requests in Defendant's first set of requests for production. Plaintiff Terra Insurance Company ("Terra") filed a response on December 10, 2009. The Court ordered Plaintiff and Defendant to participate in a further meet and confer in the Court's jury room on December 11, 2009. The parties met and conferred and resolved the disputes with respect to Requests for Production Nos. 1, 3, 12 and 13, but were unable to resolve the dispute with respect to the other requests. A hearing was conducted and appearances were noted on the record. Having read the written submissions and considered the oral arguments of counsel, the Court orders as follows: Req. Nos. 2 and 4­ The motion to compel further responses with respect to these requests is denied without prejudice to serve more focused discovery requests. Req. Nos. 5, 6, 7, 8, 10, 11, 15 and 17 ­ Plaintiff represents that it has produced all nonprivileged responsive documents from October 20, 2000 to December 11, 2008. Plaintiff is ordered to produce all additional non-privileged responsive documents relating to investment strategy or asset allocation and all account statements for Terra's investment portfolio from October 20, 1999 to October 20, 2000 and December 11, 2008 to December 11, 2009. Req. Nos. 9 and 16 ­ Plaintiff represents that it has produced all non-privileged responsive documents from October 20, 2000 to December 11, 2008. Plaintiff is ordered to produce all additional non-privileged responsive documents from October 20, 1999 to October 20, 2000. Req. No. 14 ­ Plaintiff represents that it has produced all non-privileged responsive documents from October 20, 2000 to December 11, 2008. Plaintiff is ordered to produce all additional non-privileged responsive documents relating to investment strategy or asset allocation and all account statements for Terra's investment portfolio from October 20, 1999 to October 20, 2000 and December 11, 2008 to December 11, 2009. Plaintiff also ordered to produce the 2
[PROPOSED] ORDER RE DEFENDANT'S MOTION TO COMPEL FURTHER RESPONSES

BARGER & WOLEN LLP

Case3:09-cv-01609-WHA Document75

Filed12/16/09 Page3 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
650 CALIFORNIA STREET NINTH FLOOR SAN FRANCISCO, CA 94108 [phone]

documents regarding Plaintiff's investment portfolio that Plaintiff provided its auditors for preparation of financial statements and audits for the year ending December 31, 2008. In addition to Defendant's motion to compel further responses to document requests, the Court also briefly addressed Plaintiff's motion for a protective order related to a third-party subpoena served on Plaintiff's accountant Johnson Lambert & Co. LLP ("Johnson Lambert"). Plaintiff filed a letter brief on that issue on December 11, 2009. The Court is not making a final ruling on that matter now, but orders the following procedure with respect to the handling of the subpoena. Johnson Lambert will send its production CD to Niki Okcu of Cotchett, Pitre & McCarthy, Plaintiff's counsel. Plaintiff will then prepare and serve a log containing similar information to a privilege log setting forth all documents to which they object to disclosure on third party privacy grounds. Plaintiff shall not delete or modify any of the documents on the CD. The parties will then meet and confer further regarding the production. IT IS SO ORDERED.
UNIT ED
ISTRIC ES D TC AT T

RT U O

ER

N

F D IS T IC T O R

BARGER & WOLEN LLP

3
[PROPOSED] ORDER RE DEFENDANT'S MOTION TO COMPEL FURTHER RESPONSES

A

C

LI

FO

The Honorable William Alsup United States District Alsup m Judge e Willia
NO
Judg

R NIA

December 16, 2009 Dated: ________________

D RDERE IS SO O ________________________________ IT

S

RT

H