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

Filing 467

COURTROOM MINUTES for Motion Hearing held on 8/11/2015 before Magistrate Judge Kathleen M. Tafoya. ORDERED: Defendant Federal Insurance Company is directed to produce documentation with respect to the defense reserves to Plaintiff, as discussed , on or before August 18, 2015. Defendant Federal Insurance Company is directed to file documents pertaining to the case evaluation reports and large loss notices for in camera review, restricted level 3, on or before August 14, 2015. Plaintiff is directed to file a response regarding the case law referenced at today's hearing and relevant to the in camera review on or before August 17, 2015. National Union Fire Insurance Company of Pittsburgh, PA.'s Second Motion to Compel Docum ents from Federal Insurance Company 429 is GRANTED IN PART AND DENIED IN PART, as stated on record. The single issue of potential production of case evaluation reports and large loss notices is taken under advisement and a written Order will is sue after in camera review. Defendants', Intervenors', and Third Party Defendants' Joint Motion for Extension of Scheduling Order 427 is GRANTED. The deadlines are extended as follows: Affirmative expert disclosure deadline: Augus t 31, 2015; Rebuttal expert disclosure deadline: September 30, 2015; Expert discovery cut-off: October 15, 2015, for the limited scope of deposing experts that file a report. All other dates remain as previously scheduled, including the fact discovery cut off of September 30, 2015. 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: August 11, 2015
FTR: Courtroom C-201

Parties:

Counsel:

NATIONAL UNION FIRE INSURANCE COMPANY
OF PITTSBURGH, PA,

Matt Fink

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

Kellie Fetter
Anne Nolte
Brett Godfrey
Cathleen Heintz

Defendants.

COURTROOM MINUTES

MOTION HEARING
1:30 p.m.

Court in session.

Court calls case. Appearances of counsel.
Also present by telephone on behalf of Third Party Defendant Willis, David Satnick.
Discussion and argument regarding the production of expense reserves as to defense costs,
underlying claim files, case evaluation reports, loss reports, policies, procedures, guidelines, and
documents reviewed in preparation for deposition.
ORDERED: Defendant Federal Insurance Company is directed to produce
documentation with respect to the defense reserves to Plaintiff, as discussed,
on or before August 18, 2015.

ORDERED: Defendant Federal Insurance Company is directed to file documents
pertaining to the case evaluation reports and large loss notices for in camera
review, restricted level 3, on or before August 14, 2015.
ORDERED: Plaintiff is directed to file a response regarding the case law referenced at
today’s hearing and relevant to the in camera review on or before August 17,
2015.
ORDERED: National Union Fire Insurance Company of Pittsburgh, PA.’s Second Motion
to Compel Documents from Federal Insurance Company [429] is GRANTED
IN PART AND DENIED IN PART, as stated on record. The single issue of
potential production of case evaluation reports and large loss notices is taken
under advisement and a written Order will issue after in camera review.
Discussion and argument regarding extension of expert deadlines.
ORDERED: Defendants’, Intervenors’, and Third Party Defendants’ Joint Motion for
Extension of Scheduling Order [427] is GRANTED. The deadlines are
extended as follows:
• Affirmative expert disclosure deadline: August 31, 2015
• Rebuttal expert disclosure deadline: September 30, 2015
• Expert discovery cut-off: October 15, 2015, for the limited scope of
deposing experts that file a report.
All other dates remain as previously scheduled, including the fact discovery
cut off of September 30, 2015.
Discussion regarding Intrawest’s 30(b)(6) deposition. Court states its practice regarding
discovery disputes. Counsel agree to confer on the issue further.
2:40 p.m.

Court in recess.

Hearing concluded.
Total in-court time 01:10
*To obtain a transcript of this proceeding, please contact Avery Woods Reporting at [phone].

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