Smith et al v. Harleysville Worcester Insurance Company

Filing 33

Magistrate Judge David H. Hennessy: ORDER entered granting 21 Motion to Compel; granting 27 Motion to Compel. "With regard to attorneys fees in connection with the instant motion practice, the Court defers any ruling pending Defendants compliance with this Order. (Belpedio, Lisa)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

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LINDA SMITH, a person under guardianship,
by her legal guardian and next friend
MARY DOE, and MARY DOE, individually
Plaintiffs,

v.
THE HARLEYSVILLE WORCESTER
INSURANCE COMPANY
Defendant.

CIVIL ACTION
NO. 4:16-cv-40055-TSH

ORDER
May 18, 2017
Hennessy, M.J.
After reviewing the submissions and hearing the arguments of the parties, the Court
GRANTS Plaintiffs’ Motions to Compel (Docket #21, 27) and orders the following:
1. With regard to Requests for Production of Documents #5, 13, and 17,
Defendant Harleysville Worcester Insurance Company (“Harleysville”) shall produce,
subject to the protective order (see Docket #20), all responsive Tymetrix records;
2. To the extent that the responsive Tymetrix records contain information which Defendant
believes is protected by privilege or the work-product doctrine, Defendant Harleysville and
Plaintiffs are directed to confer about the need for such information, remedies such as

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redaction, and any other considerations in an effort to effect the timely production of
responsive documents;
3. The parties are invited to raise with this Court’s session any privilege or work-product
issues that may arise, using the procedure described in the addendum to the
Scheduling Order, (see Docket #32);
4. With regard to Interrogatory #3, 4, 11, 15, and 18, Defendant Harleysville is directed to
supplement its answers to those interrogatories by providing the names of any persons who
reviewed the Tymetrix records on behalf of Nationwide and/or Harleysville;
5. Defendant Harleysville is to fully comply with this Order on or before May 31, 2017;
6. Finally, with regard to attorney’s fees in connection with the instant motion practice, the
Court defers any ruling pending Defendant’s compliance with this Order.
For the reasons stated on the record, the Motions to Compel Discovery (Docket #21, 27)
are GRANTED.

/s/ David H. Hennessy
David H. Hennessy
UNITED STATES MAGISTRATE JUDGE

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