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

Filing 575

ORDER; The Clerk of Court is directed to release documents numbered 486 487 488 489 490 491 and 492 from restriction Level 3 and instead place and hold the documents under restriction Level 1, by Magistrate Judge Kathleen M. Tafoya on 11/17/15. (morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 13BcvB00079BPABBKMT

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA,
Plaintiff/ Intervenor Defendant/Counter Defendant
v.
INTRAWEST ULC f/k/a INTRAWEST CORPORATION,
FEDERAL INSURANCE COMPANY,
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and
CONTINENTAL CASUALTY COMPANY,
Defendants, and
INTRAWEST U.S. HOLDINGS, INC.,
INTRAWEST RESORTS, INC.,
UPPER BENCH DEVELOPMENT CORPORATION,
INTRAWEST CALIFORNIA HOLDINGS, INC.,
SIERRA STAR THREE DEVELOPMENT CORPORATION,
THE STRATTON CORPORATION, and
INTRAWEST STRATTON DEVELOPMENT CORPORATION,
Intervenor Plaintiffs,
INTRAWEST ULC f/k/a INTRAWEST CORPORATION,
Third-Party Plaintiff
v.
WILLIS NORTH AMERICA, INC. f/k/a WILLIS CORROON CORPORATION,
WILLIS OF NEW YORK, INC.,
WILLIS INSURANCE BROKERAGE OF UTAH, INC.,
WILLIS OF NEW JERSEY, INC.,
WILLIS CONSTRUCTION SERVICES CORPORATION OF NEW JERSEY f/k/a WILLIS
CORROON CONSTRUCTION SERVICES CORPORATION OF NEW JERSEY,
WILLIS CORROON CONSTRUCTION SERVICES CORPORATION OF CONNECTICUT,

WILLIS CORROON CONSTRUCTION SERVICES CORPORATION,
WILLIS OF NEW HAMPSHIRE, INC. f/k/a WILLIS CORROON CORPORATION OF NEW
HAMPSHIRE,
WILLIS OF MASSACHUSETTS, INC., and
JOHN DOE WILLIS ENTITY,
Third-Party Defendants, and
FEDERAL INSURANCE COMPANY,
INTRAWEST ULC f/k/a INTRAWEST CORPORATION,
Counter Claimant.

ORDER

This matter is before the court on review of documents submitted by Defendant Federal
Insurance Company in compliance with the court’s order of August 27, 2015. [Doc. Nos. 486 –
492.]
The court’s August 27, 2015 Order [Doc. No. 480] (“Order”) concerned the court’s in
camera review of documents provided by Defendant Federal Insurance Company (“Federal”) for
which Federal was claiming privilege. The court directed that with respect to the documents
reviewed, Federal was required to provide certain documents to Plaintiff; however, the court
directed that as to each category of documents, certain items should be redacted as subject to
privilege and that other parts of the documents should be released as not privileged. In order to
insure compliance with the court’s detailed directives, the court required that Federal redact and
prepare the documents as ordered and then “file the documents with the court, under restriction
Level 3, on or before September 4, 2015” with the intent that the court would review the

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documents to ensure compliance with the Order. (Order at 14.) The court stated that “if
compliance is met, [the court] shall thereafter reclassify the documents as restricted Level 1,
authorizing access to the other parties in the case.” (Id.)
Federal timely filed the redacted documents under restriction Level 3. [Doc. Nos. 486,
487, 488, 489, 490, 491, and 492.] Upon review of the submitted documents, the court has
determined that the documents have been properly redacted in compliance with the court’s Order
and that the documents should now be released to the other parties in the case. Because the
documents have been designated as Confidential, the court finds that continued protection of the
documents at restriction Level 1 is appropriate at this time.
It is therefore ORDERED
The Clerk of Court is directed to release documents numbered 486, 487, 488, 489, 490,
491, and 492 from restriction Level 3 and instead place and hold the documents under restriction
Level 1.
Dated November 17, 2015.
.

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