St. Peter's Hospital et al v. American International Group et al

Filing 31

ORDER re 26 Preliminary Pretrial Statement filed by Mountain States Healthcare Reciprocal Risk Retention Group, St. Peter's Hospital, 24 Preliminary Pretrial Statement filed by Lexington Insurance Company, 20 Order Setting. 1. P laintiffs and Defendant shall each file a supplemental preliminary pretrial statement addressing the matters in Fed. R. Civ. P. 26(a)(1)(A)(ii) on or before April 14, 2017. 2. Counsel are invited to consider revision of the proposed protective orde r to comport with L.R. 5.1 and 26.4 and to include the material stated above within quotation marks on page 2 and 3 of this order. The parties may resubmit a revised proposed protective order on or before April 7, 2017. Signed by Judge Sam E Haddon on 3/31/2017. (HEG)

FILED
IN THE UNITED STATES DISTRICT COURT

MAR 3 I 2017

FOR THE DISTRICT OF MONTANA

Clerk, U.S. District Court
District Of Montana
Helena

HELENA DIVISION
ST. PETER'S HOSPITAL and
MOUNTAIN STATES
HEAL THCARE RECIPROCAL RISK
RETENTION GROUP and
COLUMBIA CASUAL TY
COMPANY,

No. CV 16-91-H-SEH

ORDER

Plaintiffs,
vs.
LEXINGTON INSURANCE
COMPANY,
Defendant.
The Court ordered the filing of preliminary pretrial statements from
Plaintiffs and Defendant by Court Order of February 9, 2017. 1
Plaintiffs and Defendant each filed a preliminary pretrial statement on
March 21, 2017. 2 Defendant's disclosure included a list of"the Description of

'Doc. 20.
2

Doc. 24 (Defendant); Doc. 26 (Plaintiffs).

Documents, Data Compilations, or Tangible Things that May be Used in Proving
or Denying any Party's Claims or Defense." 3 However, the location of such items
as required by Fed. R. Civ. P. 26(a)(l)(A)(ii) was not provided. Plaintiffs'
Preliminary Pretrial Statement did not state whether disclosure of documents as
required by Fed. R. Civ. P. 26(a)(l)(A)(ii) had been provided.
Plaintiffs filed an Unopposed Motion for a Protective Order4 on March 28,
2017, which was discussed with counsel at the preliminary pretrial conference.
Counsel were invited to meet and confer and to resubmit the motion in a form
compliant with the local rules of this Court.
Counsel are further apprised the Court is not disposed to approval of any
requested protective order that is inconsistent with and that does not include, in
substance, the following language:
"Filing of documents under seal shall be conducted in compliance with L.R.
5.1 (d). No document filed under seal shall be considered by the Court or relied
upon by any party absent an order of Court so permitting."
Ill
Ill

3

Doc. 24 at 24.

4

Doc. 28.

-2-

"All parties understand that all documents relied upon by the Court in
resolving any issue before the Court, including documents filed under seal, will be
made public contemporaneously with the Court's ruling on the issue."
"None of the terms or conditions of this agreement shall apply to any
information or documentation which hereafter becomes subject to public
disclosure by order of Court or agreement of the parties."
ORDERED:
1.

Plaintiffs and Defendant shall each file a supplemental preliminary

pretrial statement addressing the matters in Fed. R. Civ. P. 26(a)(l)(A)(ii) on or
before April 14, 2017.
2.

Counsel are invited to consider revision of the proposed protective

order to comport with L.R. 5.1 and 26.4 and to include the material stated above
within quotation marks on pages 2 and 3 of this Order. The parties may resubmit a
revised proposed protectiv.'.13rder on or before April 7, 2017.
DATED this

3I Y. of March, 2017.
day

United States District Judge

-3-