Kennedy v. Jackson National Life Insurance Company et al

Filing 264

DISCOVERY ORDER re 261 Joint MOTION for Discovery Letter Brief Re Written Rule 30(b)(6) Deposition and Production of Annuity Policy ExemplarsJoint MOTION for Discovery Letter Brief Re Written Rule 30(b)(6) Deposition and Production of Annuity Policy Exemplars filed by Janice Kennedy, Jackson National Life Insurance Company. Signed by Judge Maria-Elena James on 8/6/2010. (mejlc1, COURT STAFF) (Filed on 8/6/2010)

Kennedy v. Jackson National Life Insurance Company et al

Doc. 264

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3) 2) 1) The Court is in receipt of the parties' joint discovery dispute letter, dated July 28, 2010. (Dkt. #261.) Upon review of the letter, the Court hereby ORDERS as follows: The Court previously ordered Jackson to produce the documents that Kennedy requested in regard to the written deposition. (Dkt. No. 224, Hearing Tr. 24:13-16.) As Kennedy explained at the hearing, the purpose of the 30(b)6 notice was to determine the nature of the notice in California and how it is actually attached to the California policies. Id. at 22:4-7. As the policy may have changed over the course of the class period, id. at 23:18-19, Kennedy shall produce exemplars of the notice as it was attached to the California policies, reflecting changes made over the class period. The requested policy exemplars, which would demonstrate the nature and presentation of the 30-day "free look" period, are relevant to Kennedy's allegations regarding adequate disclosure, product design, and control over marketing materials and sales presentations. Kennedy's request for sanctions is DENIED. As Jackson indicated, it intended to and vs. JACKSON NATIONAL LIFE INSURANCE COMPANY, a Michigan corporation, Defendant. / JANICE KENNEDY, Individually, and on Behalf of Herself and All Others Similarly Situated, Plaintiff, No. C-07-0371 CW IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

DISCOVERY ORDER RE: DKT #261

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

believed that it did fully comply with this Court's previous order, thus making an award of expenses unjust. However, if Jackson fails to comply with this Order, the Court shall consider sanctions under Federal Rule of Civil Procedure 37. Plaintiff is reminded that sanctions motions must be filed separately and in compliance with Civil Local Rule 7. IT IS SO ORDERED. Dated: August 6, 2010

MARIA-ELENA JAMES United States Magistrate Judge

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