Liberty Mutual Insurance Company v. The California Automobile Assigned Risk Plan

Filing 53

ORDER REGARDING DISCOVERY DISPUTES (DKT. NOS. 47, 50). Signed by Magistrate Judge Jacqueline Scott Corley on 6/14/2012. (ahm, COURT STAFF) (Filed on 6/14/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Northern District of California

United States District Court

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LIBERTY MUTUAL INSURANCE CO.,
Plaintiff,
v.

Case No. Civ. 11-1419 MMC (JSC)
ORDER REGARDING DISCOVERY
DISPUTES (DKT. NOS. 47, 50)

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THE CALIFORNIA AUTO. ASSIGNED
RISK PLAN,
Defendant.

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Now pending before the Court is a joint letter regarding various discovery disputes.

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(Dkt. No. 50.) After carefully considering the written materials submitted by the parties, and

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having had the benefit of oral argument on June 14, 2012, the Court rules as set forth below.

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1. Liberty shall produce Mr. Hartman’s Desert Mountain deposition transcript on or

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before Monday, June 18, 2012.
2. CAARP’s request to strike the three witnesses Liberty added to its initial disclosures on

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May 25, 2012 is DENIED. The parties shall schedule Tom Driscoll’s deposition

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forthwith. The parties agree that any trial testimony of Charles O’Connor shall be

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limited to the topics covered at his deposition. The parties shall meet and confer on

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whether and when to take the deposition of Gene Krupa.

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3. Liberty shall amend its responses to CAARP’s document request to reflect that all

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documents responsive to the Court’s March 14 Order relating to Mr. Hartman’s job

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performance have been produced and that Liberty is not aware of any additional

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performance-related documents for Mr. Harman from 2000 to the present on or before

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Monday, June 18, 2012.

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4. Liberty’s request to depose Jim Gordon and Rob Goliti is GRANTED. Such
depositions may take place after Mr. Driscoll’s deposition.

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5. The Court declines to rule in advance as to whether any particular deposition testimony

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of Liberty will waive the attorney-client privilege as to the legal advice it received in

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connection with the Bad Faith Action.

Northern District of California

United States District Court

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This Order disposes of Docket Numbers 47 and 50.

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IT IS SO ORDERED.

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Dated: June 14, 2012
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

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