Kaufman & Broad Monterey Bay et al v. Travelers Property Casualty Company of America

Filing 249

INTERIM ORDER re 84 , 166 , 167 Plaintiffs' Letter Brief and Discovery Dispute Joint Reports Nos. 3 and 4. Defendant to submit documents for in camera review by 1/7/2013. Signed by Magistrate Judge Howard R. Lloyd on 12/28/2012. (hrllc2, COURT STAFF) (Filed on 12/28/2012)

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*E-FILED: December 28, 2012*

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NOT FOR CITATION

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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For the Northern District of California

United States District Court

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KAUFMAN & BROAD MONTEREY BAY, a
California corporation; KB HOME SOUTH
BAY, INC., a California corporation,

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Plaintiffs,
v.

No. C10-02856 EJD (HRL)
INTERIM ORDER RE PLAINTIFFS’
LETTER BRIEF AND DISCOVERY
DISPUTE JOINT REPORTS NOS. 3 AND
4

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TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA,

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Defendant.

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TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA,

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Counterclaimant,
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v.
KAUFMAN & BROAD MONTEREY BAY, a
California corporation; KB HOME SOUTH
BAY, INC., a California corporation,
Counterdefendants.
/

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On plaintiffs’ prior motions to compel, this court ordered defendant Travelers Property

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Casualty Company of America (Travelers) to provide deposition testimony, produce documents,

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and answer interrogatories. (Docket No. 70, June 2, 2011 Order). Travelers resisted discovery

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on the grounds that the information sought was, among other things, irrelevant, private, and

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protected by the attorney-client privilege and the attorney work product doctrine. For the most

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part, this court rejected Travelers’ objections, but defendant was given an opportunity to serve

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an amended privilege log. (Id.).

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Travelers has since produced additional documents, as well as a revised privilege log.

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The parties continue to disagree about the propriety of Travelers’ privilege and work product

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assertions. This court is told that the specific documents in dispute have been described by

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Travelers as follows:

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Date

Author

Bates Number

05-05-10

Deborah Taylor

TRPD-000968TRPD-000970
[partially redacted]

Liability Property
Damage Worksheet

11-25-09

Deborah Taylor

TRPD-000971TRPD-000973
[partially redacted]

Liability Property
Damage Worksheet

04-25-11

Deborah Taylor

TRPD-001065TRPD-001068
[partially redacted]

Liability Property
Damage Worksheet

12-02-10

Deborah Taylor

TRPD-001069TRPD-001071
[partially redacted]

Liability Property
Damage Worksheet

04-03-09

Travelers

TRPD-001072TRPD-001117

Claim Notes
Summary/Claim
Notes

06-15-11

Deborah Taylor

None

Claim Notes
Summary/Claim
Notes

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For the Northern District of California

United States District Court

Description

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No later than January 7, 2013, Travelers shall lodge with the undersigned’s chambers

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(1) a copy of its coverage position letter issued to Norcraft Companies, Inc.; and (2) unredacted

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copies of the above-listed documents for an in camera review. For those documents that have

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been produced to plaintiffs in redacted form, Travelers shall clearly indicate (e.g., by

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highlighting) precisely what information has been redacted.

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SO ORDERED.
Dated: December 28, 2012

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HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE

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5:10-cv-02856-EJD Notice has been electronically mailed to:

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A. Eric Aguilera [e-mail], [e-mail],
[e-mail]

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Bonnie Tara Roadarmel

[e-mail]

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Caroline Elizabeth Siefert

[e-mail]

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Chanmaly Kendie Schlecht

[e-mail]

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James Stephen Hultz

[e-mail]

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Kari Marie Myron [e-mail], [e-mail],
[e-mail]

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Raymond Earl Brown

[e-mail]

Rondi Jan Walsh

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For the Northern District of California

United States District Court

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Thomas Lether [e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail]

[e-mail]

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Counsel are responsible for distributing copies of this document to co-counsel who have not
registered for e-filing under the court’s CM/ECF program.

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