McColl v. American Naturopathic Council et al

Filing 130

ORDER. The Court directs Allied to review the June 4, 2015 entry to ensure that only communications between itself and its defense counsel in the underlying case have been redacted, and to supplement its disclosure as necessary. Signed by Magistrate Judge Timothy J. Cavan on 8/6/2018. (JDR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
TINA MCCOLL,

CV 17-40-H-SEH-TJC
Plaintiff,

ORDER

vs.
ALLIED PROFESSIONALS
INSURANCE COMPANY,
Defendant.

Plaintiff Tina McColl (“Plaintiff”) has filed an Unopposed Motion for In
Camera Review, requesting the Court compare the redacted Claims Notes with the
unredacted copy of the Claims Notes previously filed with the Court. (Doc. 111.)
The Court has reviewed the unredacted and redacted Claims Notes, and from the
face of the documents it does not appear the redactions exceed those permitted by
the Court. Nevertheless, the Court is unable to determine if the entry dated June 4,
2015, and referred to as “Settlement Notes” contains attorney/client
communications. (See Docs. 78-1 at 39-32; Doc. 111 at 24-27.) It is Allied’s
obligation to ensure that only communications between Allied and its defense
counsel in the underlying case are redacted. Further, Allied has a continuing duty
to supplement its disclosures. Fed.R.Civ.P. 26(e).

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Accordingly, the Court directs Allied to review the June 4, 2015 entry to
ensure that only communications between itself and its defense counsel in the
underlying case have been redacted, and to supplement its disclosure as necessary.
SO ORDERD.
DATED this 6th day of August, 2018.
_______________________________
TIMOTHY J. CAVAN
United States Magistrate Judge

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