National Union Fire Insurance Company of Pittsburgh, PA v. Intrawest ULC et al

Filing 304

COURTROOM MINUTES for Motion Hearing held on 1/7/2015 before Magistrate Judge Kathleen M. Tafoya. ORDERED: Plaintiff/Counter Defendant's Motion to Amend the Scheduling Order 279 is denied as MOOT. National Union Fire Insurance Company of Pittsburgh, PA.'s Motion for Protective Order Regarding Intrawest ULCs Supplemental Request for Production 285 is DENIED. National Union Fire Insurance Company of Pittsburgh, PA.'s Motion to Compel Federal Insurance Companys Responses to Interrogatories, Production of Documents, and Supporting Memoramdum (sic) of Law 281 is GRANTED IN PART AND DENIED IN PART. National Union Fire Insurance Company of Pittsburgh, PA.'s Motion to Compel Third-Party Defendant Willis Entiti es' Responses to Interrogatories and Production of Documents and Memorandum of Law in Support 282 is GRANTED IN PART AND DENIED IN PART. Plaintiff's Motion for Limited Protective Order 277 is DENIED WITHOUT PREJUDICE. FTR: KMT C201. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No:
Courtroom Deputy:

13-cv-00079-PAB-KMT
Sabrina Grimm

Date: January 7, 2015
FTR: Courtroom C-201

Parties:

Counsel:

NATIONAL UNION FIRE INSURANCE COMPANY
OF PITTSBURGH, PA,

Joseph Lang
Paul Motz
Douglas Stevens

Plaintiff,
v.
INTRAWEST ULC f/k/a INTRAWEST
CORPORATION,
FEDERAL INSURANCE COMPANY,
NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD, and
CONTINENTAL CASUALTY COMPANY,

Kellie Fetter
Brett Godfrey
Kelly Dugas
Cathleen Heintz
Michael O’Bresley

Defendants.

COURTROOM MINUTES

MOTIONS HEARING
10:09 a.m.

Court in session.

Court calls case. Appearances of counsel.
Also present, David Satnick, for Third Party Defendant Willis of New York.
Discussion regarding the number of depositions. Court clarifies that each party group is allowed
10 depositions against each other party group.
ORDERED: Plaintiff/Counter Defendant’s Motion to Amend the Scheduling Order [279]
is denied as MOOT.

Discussion and argument regarding additional documents, beyond the underwriting files, that
would be responsive to Intrawest’s supplemental request for production in dispute.
ORDERED: National Union Fire Insurance Company of Pittsburgh, PA.’s Motion for
Protective Order Regarding Intrawest ULC’s Supplemental Request for
Production [285] is DENIED. Plaintiff is directed to provide a supplemental
response to Intrawest on or before January 28, 2015, as discussed.
Discussion and argument regarding Federal’s alleged withholding of reserve information,
production of payment data, premiums, third amended privilege log, alleged improper
description and designation of documents, policy limits per project or aggregate total, the
requirement of Endorsement 9 to change the policy limits, and sanctions.
11:58 a.m.
1:07 p.m.

Court in recess.
Court in session.

ORDERED: National Union Fire Insurance Company of Pittsburgh, PA.’s Motion to
Compel Federal Insurance Company’s Responses to Interrogatories,
Production of Documents, and Supporting Memoramdum (sic) of Law [281]
is GRANTED IN PART AND DENIED IN PART. Defendant Federal is
directed to produce to Plaintiff a supplemental privilege log, any additional
documents that will not continue to be designated as privileged, and
documents pertaining to reserve and premium information on or before
January 19, 2015, as represented and discussed in Court. Defendant
Federal’s objections are sustained as to the production of payment
information and sanctions.
Discussion and argument regarding responses by Willis to interrogatories 3, 4, 5, 6, and 7.
Court finds interrogatories 3, 4, and 5 are overbroad and interrogatory 6 is irrelevant.
ORDERED: National Union Fire Insurance Company of Pittsburgh, PA.’s Motion to
Compel Third-Party Defendant Willis Entities’ Responses to Interrogatories
and Production of Documents and Memorandum of Law in Support [282] is
GRANTED IN PART AND DENIED IN PART. Defendant Willis is directed
to produce a narrative or documents responsive to interrogatory 7 and
request for production 4, as limited by the Court. The motion is denied in all
other respects.
2:26 p.m.
2:48 p.m.

Court in recess.
Court in session.

Discussion and argument regarding National Union’s 30(b)(6) deposition.
ORDERED: Plaintiff’s Motion for Limited Protective Order [277] is DENIED WITHOUT
PREJUDICE, as stated on record.
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Further discussion regarding objections during a deposition and extending case scheduling
deadlines.
3:40 p.m.

Court in recess.

Hearing concluded.
Total in-court time 04:00
*To obtain a transcript of this proceeding, please contact Avery Woods Reporting at [phone].

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