Vu v. Liberty Mutual Insurance Company

Filing 59

ORDER RE DEFENDANTS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL AND THE PARTIES' JOINT DISCOVERY DISPUTE LETTER 57 . (Illston, Susan) (Filed on 4/8/2019)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

TAM VU,
Plaintiff,

8
9
10
11

Case No. 18-cv-03594-SI

v.
LIBERTY MUTUAL INSURANCE
COMPANY, et al.,

United States District Court
Northern District of California

Defendants.
12

ORDER RE DEFENDANTS’
ADMINISTRATIVE MOTION TO FILE
UNDER SEAL AND THE PARTIES’
JOINT DISCOVERY DISPUTE
LETTER
Re: Dkt. No. 53 & 57

13

On April 4, 2019, the parties filed a joint discovery dispute letter and defendants filed an

14

administrative motion to file under seal. Dkt. Nos. 53 and 57. The dispute concerns a key witness

15

in the case, Tamara Chukes, who was the claims investigator who met with plaintiff, surveyed

16

plaintiff’s home, and ultimately denied plaintiff’s claim. Ms. Chukes has been out on medical leave

17

for several months. On February 14, 2019, in response to a previous joint discovery dispute letter,

18

this Court ordered that Ms. Chukes be produced for deposition sometime in April 2019 – when she

19

was scheduled to return to work. Dkt. No. 50. Ms. Chukes’ medical leave has been extended again

20

to May 7, 2019 with the possibility of being extended further. Defendants’ administrative motion

21

includes an unredacted letter submitted only to the Court for in camera review – not provided to

22

plaintiff’s counsel – that details the reasons for Ms. Chukes’ leave.

23

The Court has reviewed all the papers and finds the underlying reasons for Ms. Chukes’

24

medical leave are potentially relevant to the action. As such, the unredacted letter submitted to the

25

Court on April 4, 2019 (Dkt. No. 57-5) should be served on plaintiff’s counsel pursuant to the

26

Protective Order (Dkt. No. 45) and treated as confidential.

27

Ms. Chukes will not be required to testify in April, 2019. The deposition shall be reset for

28

mid-late May, 2019 at a mutually agreeable time and place and with accommodations for Ms.

1

Chukes, regardless of whether or not Ms. Chukes has returned to work, but presuming she is

2

competent to testify.

3

Further, the mediation cutoff is extended to July 1, 2019.

4
5
6
7
8

IT IS SO ORDERED.
Dated: April 8, 2019
______________________________________
SUSAN ILLSTON
United States District Judge

9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2