Porter v. American Family Mutual Insurance Company

Filing 40

COURTROOM MINUTES for Motion Hearing held on 9/11/2014 before Magistrate Judge Kathleen M. Tafoya. Defendant's Motion for Protective Order Regarding Reserve Information 20 is GRANTED IN PART AND DENIED IN PART, as stated on record. Plaintiff's Motion to Compel Production of Bodily Injury File of Defendant and for an Expedited Hearing 34 is GRANTED IN PART AND DENIED IN PART, as stated on record. 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-03446-WYD-KMT
Sabrina Grimm

Date: September 11, 2014
FTR: Courtroom C-201

Parties:

Counsel:

DANIEL L. PORTER,

Gregory Russi
Sander Karp

Plaintiff,
v.
AMERICAN FAMILY INSURANCE COMPANY, a
Wisconsin corporation,

Debra Sutton

Defendant.

COURTROOM MINUTES

MOTION HEARING
1:33 p.m.

Court in session.

Court calls case. Appearances of counsel.
Discussion regarding relevancy and discoverability of reserve information on the UIM claim,
bodily injury claim file, and damages assessment information.
Court states its findings that there is no “work product” information in the Bodily Injury claim
file because nothing was created in anticipation of litigation. With respect to the UIM file, there
is no work product protection up to and including December 12, 2012. After that time, work
product protection is available.

ORDERED: Defendant’s Motion for Protective Order Regarding Reserve Information
[20] is GRANTED IN PART AND DENIED IN PART, as stated on record.
Defendant will produce adjuster’s valuation assessments occurring on or
before December 12, 2012. No reserve information will be produced.

ORDERED:

Plaintiff’s Motion to Compel Production of Bodily Injury File of Defendant
and for an Expedited Hearing [34] is GRANTED IN PART AND DENIED
IN PART, as stated on record. To the extent the adjusters have made
valuation assessments, those documents and claim notes will be produced.
Reserve information will not be produced.

Discussion regarding redacted bodily injury claim privilege log. Mental impressions of adjusters
are not privileged and the log will be amended accordingly.
2:43 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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