Sanchez v. American Family Mutual Insurance Company

Filing 69

ORDER Granting 47 Plaintiff's Motion to Compel . Defendant shall provide the additional discovery responses discussed above no later than 06/28/2013. See Order for details. Signed by Magistrate Judge Nancy J. Koppe on 06/10/2013. (Copies have been distributed pursuant to the NEF - AC)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6
7

ERICK SANCHEZ, et al.,

8
9
10

Plaintiff(s),
vs.
AMERICAN FAMILY MUTUAL
INSURANCE COMPANY,

11
Defendant(s).
12

)
)
)
)
)
)
)
)
)
)
)

Case No. 2:11-cv-01507-APG-NJK
ORDER GRANTING PLAINTIFFS’
MOTION TO COMPEL
(Docket No. 47)

13

Pending before the Court is Plaintiffs’ Motion to Compel related to their first set of

14

discovery requests. Docket No. 47. Defendant filed a response and Plaintiffs filed a reply. Docket

15

Nos. 49, 51. The Court held a hearing on the motion on May 29, 2013. See Docket No. 68. For the

16

reasons discussed more fully at the hearing, the motion is GRANTED as follows:

17
18

Request for Production 1: This request relates to the underwriting policy. The Court
GRANTS the motion to compel. Defendant shall produce the documents.

19

Request for Production 7: This request relates to policies and procedures concerning

20

casualty claims handling. The Court GRANTS the motion to compel. To the extent any responsive

21

documents have not been produced, Defendant shall produce the documents and shall identify by

22

Bates number the responsive documents. Defendant shall also provide a written response detailing

23

the search undertaken to locate responsive documents. If, after a reasonable search, Defendant is

24

unable to locate any additional responsive documents, then Defendant must so certify under oath.

25

Request for Production 8: This request was withdrawn.

26

Requests for Production 12-16: These requests relate to training materials of certain of

27

Defendant’s employees. The Court GRANTS the motion to compel. Defendant shall undertake a

28

reasonable search to determine which employees completed which training. To the extent Defendant

1

can identify which employees completed which training, Defendant is required to make the

2

identification. Defendant shall also provide a written response detailing the search undertaken to do

3

so. If after a reasonable search, Defendant is unable to identify which employees completed which

4

training, then Defendant must so certify under oath.

5

Requests for Production 17-20: These requests relate to portions of employment files of

6

Defendant’s enumerated employees. The Court GRANTS the motion to compel. Defendant must

7

produce the documents to the extent they relate to claims handling. With respect to any documents

8

related to medical issues of Ms. Inabinet, such information shall be presented to the Court in

9

camera.

10

Requests for Production 22-25: These requests relate to policies and procedures for claims

11

handling and training. The Court GRANTS the motion to compel. To the extent any responsive

12

documents from 2009 to 2011 have not been produced, Defendant shall produce the documents and

13

shall identify by Bates number the responsive documents. Defendant shall also provide a written

14

response detailing the search undertaken to locate responsive documents. If, after a reasonable

15

search, Defendant is unable to locate any additional responsive documents, then Defendant must so

16

certify under oath.

17

Request for Production 27: This request was withdrawn.

18

Defendant shall provide the additional discovery responses discussed above no later than

19

June 28, 2013.

20

IT IS SO ORDERED.

21

DATED: June 10, 2013

22
23

______________________________________
NANCY J. KOPPE
United States Magistrate Judge

24
25
26
27
28
2