Century Aluminum Company et al v. AGCS Marine Insurance Co.

Filing 245

ORDER re DISCOVERY STATUS CONFERENCE 121 , 181 , 240 . Signed by Judge Nathanael M. Cousins on 09/19/2012. (nclc2, COURT STAFF) (Filed on 9/19/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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CENTURY ALUMINUM COMPANY, et al.,

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Case No. 11-cv-02514 YGR (NC)

Plaintiffs,

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ORDER RE: DISCOVERY
STATUS CONFERENCE
v.
Re: Dkt. Nos. 129, 181, 240
AGCS MARINE INSURANCE CO.,

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Defendant.

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The parties submitted a joint discovery status report, Dkt. No. 240, concerning

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their continued discovery disputes as to privilege assertions, further document

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productions, percipient witness depositions, and expert depositions. The parties attended

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a discovery status conference on September 19, 2012. Considering the representations

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made by the parties at the conference, the parties’ joint letter brief, and previous joint

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discovery letter briefs, Dkt. Nos. 129 and 181, the Court orders as follows:

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1. Privilege Assertions

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The Court orders that by 5:00 p.m. on September 21, Century must file a

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proposed order regarding Century’s challenges to AGCS’ privilege assertions regarding:

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(a) subrogation; (b) reserves; (c) documents not involving attorneys; and (d) documents

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dated between December 20, 2010, when AGCS made the decision to deny the claim,

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and January 7, 2011, when AGCS sent the written claim denial letter to Century, which
Case No. 11-cv-02514 YGR (NC)
Order re: Discovery Status Conf.

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Century asserts are not work product privileged.
By 5:00 p.m. on September 21, AGCS is ordered to submit a letter brief, not to

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exceed two pages, to include case law supporting AGCS’ position that work product

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protection applies to documents on the date that an insurer makes the decision to deny a

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claim, here December 20, 2010, and not the date of actual claim denial, January 7, 2011.

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2. Further Document Productions

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AGCS must produce the documents required by Court orders, Dkt. Nos. 206, 209,

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and 234, by 10:00 a.m. on September 26. AGCS’ request to make a further submission

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of redacted documents to the Court is DENIED. AGCS is ordered to produce all

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weather-related documents specifically identified in Dkt. No. 209 without further

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redactions, with the exceptions identified in Dkt. No. 234. As to additional weather-

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related documents AGCS intends to produce, AGCS may redact those documents

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consistently with the Court’s September 13 order modifying its August 28 order. See

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Dkt. No. 234.
Century must produce the documents in response to AGCS’s Sixth Set of

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Requests for Production by 10:00 a.m. on September 26.

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3. Percipient Witness Depositions

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Century to depose Inouye on October 1, 2012 in Los Angeles, California.

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Century to depose Cole the week of October 1 in Los Angeles. The Robb deposition is

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to be completed before October 12, 2012.
The parties are to confer regarding the date of the additional Zachariades

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deposition to be held in New York. To clarify, at the deposition, Century may inquire as

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to any matters discovered after August 3, 2012.

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4. Expert Witness Depositions

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Upon further consideration of upcoming percipient witness and expert

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depositions, the Court GRANTS the parties’ stipulation to extend expert discovery. The

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close of expert discovery is extended for two weeks to October 19, 2012.

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//

Case No. 11-cv-02514 YGR (NC)
Order re: Discovery Status Conf.

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5. Notice to Non-Parties

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AGCS to file proposed order regarding notice to non-parties by 5:00 p.m. on

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September 21.

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6. Sanctions

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For the reasons stated at the hearing, the Court will consider a motion for

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sanctions regarding discovery misconduct by defendant. Century must file the motion

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by October 31, 2012.

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Finally, a further discovery status conference will be held at 10:00 a.m. on
September 26, 2012, Courtroom A, 15th Floor, San Francisco.
IT IS SO ORDERED.

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DATED: September 19, 2012
____________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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Case No. 11-cv-02514 YGR (NC)
Order re: Discovery Status Conf.

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