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

Filing 411

COURTROOM MINUTES for Motions Hearing held on 6/23/2015 before Magistrate Judge Kathleen M. Tafoya. ORDERED: National Union Fire Insurance Company of Pittsburgh, PA's Motion to Compel Depositions of Intrawest Witnesses Karen Bradley and Barr on Weinstein 335 is DENIED. Intrawest ULC, F/K/A Intrawest Corporation's Motion for Protective Order Regarding Depositions of Intrawest's Counsel 367 is GRANTED. Intrawest ULC's Motion for Protective Order Pursuant to Fed. R. Ci v. P. 26(b)(5)(B) 347 is GRANTED. Intrawest ULC's Motion to Restrict Access to Various Exhibits Attached to Intrawest's Motion for a Protective Order and National Union's Motion to Compel 350 is GRANTED. Exhibit B to Document 3 47 shall be held under Restriction Level 2. Exhibit C to Document 347 shall be held under Restriction Level 1. Exhibit I to Document 335 shall be held under Restriction Level 3. National Union's Motion to Compel Intrawest to Produce Karen Bra dley's Communications and Memorandum of Law in Support 363 is DENIED. Intrawest is, however, ORDERED to search for and produce communications authored by or copied to Karen Bradley that are not privileged. Intrawest ULC's Motion to Res trict Access to a Privileged Document 398 is GRANTED. Motion to Compel Deposition of National Union's Witness, Christopher Weir, In His Individual Capacity 353 is GRANTED. National Union Fire Insurance Company of Pittsburgh, PA's Mot ion for Protective Order Regarding Second Deposition of Christopher Weir 354 is DENIED. Intrawest shall provide the identity of their Rule 30(b)(6) deponents to National Union on or before July 6, 2015. National Union shall provide deposition dates to Intrawest on or before July 6, 2015. FTR: KMT C201. (sgrim)

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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: June 23, 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, Katherine Varholak Aaron Hayden Defendants. COURTROOM MINUTES MOTIONS HEARING 1:35 p.m. Court in session. Court calls case. Appearances of counsel. Discussion and argument regarding the status of Karen Bradley and Barron Weinstein, attorney/client privileged information, potential sanctions, common interest doctorine, and at issue waiver. 2:00 p.m. Record sealed. Parties are permitted to order this portion of the transcript without a further court order, however, it must be maintained under Restriction Level 1. 3:07 p.m. 3:23 p.m. Court in recess. Court in session. The record continues to be sealed. 3:39 p.m. Record unsealed. Court will attempt to not make any references to Exhibit I in Document 335, Exhibit B in Document 347, and Exhibit C in Document 347. Court states its findings and rulings. ORDERED: National Union Fire Insurance Company of Pittsburgh, PA’s Motion to Compel Depositions of Intrawest Witnesses Karen Bradley and Barron Weinstein [335] is DENIED. ORDERED: Intrawest ULC, F/K/A Intrawest Corporation’s Motion for Protective Order Regarding Depositions of Intrawest’s Counsel [367] is GRANTED. ORDERED: Intrawest ULC’s Motion for Protective Order Pursuant to Fed. R. Civ. P. 26(b)(5)(B) [347] is GRANTED. ORDERED: Intrawest ULC’s Motion to Restrict Access to Various Exhibits Attached to Intrawest’s Motion for a Protective Order and National Union’s Motion to Compel [350] is GRANTED. Exhibit B to Document 347 shall be held under Restriction Level 2. Exhibit C to Document 347 shall be held under Restriction Level 1. Exhibit I to Document 335 shall be held under Restriction Level 3. ORDERED: National Union’s Motion to Compel Intrawest to Produce Karen Bradley’s Communications and Memorandum of Law in Support [363] is DENIED. Intrawest is, however, ORDERED to search for and produce communications authored by or copied to Karen Bradley that are not privileged. ORDERED: Intrawest ULC’s Motion to Restrict Access to a Privileged Document [398] is GRANTED. ORDERED: Motion to Compel Deposition of National Union’s Witness, Christopher Weir, In His Individual Capacity [353] is GRANTED. ORDERED: National Union Fire Insurance Company of Pittsburgh, PA’s Motion for Protective Order Regarding Second Deposition of Christopher Weir [354] is DENIED. Discussion regarding identity of Intrawest’s 30(b)(6) representatives. ORDERED: Intrawest shall provide the identity of their Rule 30(b)(6) deponents to National Union on or before July 6, 2015. 2 Discussion regarding National Union deposition dates. ORDERED: National Union shall provide deposition dates to Intrawest on or before July 6, 2015. 4:31 p.m. Court in recess. Hearing concluded. Total in-court time 02:40 *To obtain a transcript of this proceeding, please contact Avery Woods Reporting at (303) 825-6119. 3

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