Cook v. State Farm Mutual Automobile Insurance Company

Filing 60

ORDER that a hearing on the 56 Motion to Compel, 57 Motion to Seal, and 59 Stipulation to Stay Proceedings is set for 10:00 am on 10/20/2015 is LV Courtroom 3B before Magistrate Judge Peggy A. Leen. Responses to the 56 Motion to Compe l are due by 10/5/2015. Replies due by 10/13/2015. The 56 Motion to Compel is unsealed. The exhibits to the motion shall remained sealed. State Farm has until 10/5/2015 to file a memorandum of points and authorities supporting any request to seal any of the exhibits submitted with the 56 Motion to Compel. Signed by Magistrate Judge Peggy A. Leen on 9/22/2015. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JILL COOK,

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Case No. 2:14-cv-00524-RFB-PAL
Plaintiff,

ORDER

v.
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY,
Defendant.

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Before the court is Plaintiff’s Sealed Motion to Compel (Dkt. #56) with supporting

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exhibits, Plaintiff’s Motion to Seal (Dkt. #57) and the parties’ Stipulation and Order to Stay

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Proceedings Pending Mediation (Dkt. #59).

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The motion to compel involves a subpoena duces tecum served on non-party, Joseph J.

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Schifini, M.D., pursuant to Fed. R. Civ. P. 45. Dr. Schifini’s counsel and Plaintiff’s counsel

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have conferred about the subpoena and notice of taking deposition of custodian of records served

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on Dr. Schifini on June 9, 2015, but were unable to resolve their dispute. The motion to compel

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was served on counsel for Dr. Schifini, but a response to the motion has not been filed.

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The Motion to Seal (Dkt. #57) was filed pursuant to Paragraph 17 of the parties’

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stipulated protective order governing confidential information because it “contains information

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that State Farm Mutual Insurance Company has deemed confidential.” No explanation is given

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for why the motion to compel itself should be sealed. Some of the exhibits are merely the

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subpoena and notice of taking deposition. State Farm has not filed anything with the court to

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justify sealing the motion itself, portions of the motion or any of the exhibits filed under seal.

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Finally, the parties’ Stipulation and Proposed Order to Stay Proceedings Pending

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Mediation (Dkt. #59) indicates that the parties have resolved their breach of contract dispute by
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State Farm’s offer to pay the $100,000 contractual limit of Plaintiff’s UM/UIM policy coverage,

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and that the parties have agreed to mediate Plaintiff’s remaining bad faith and Unfair Claims

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Practices Act claims. However, no information concerning whether the mediation has been

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scheduled, and if so, when has been provided. The parties seem to propose an indefinite stay

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except for resolution of the pending motion to compel.

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Having reviewed and considered the matters,

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IT IS ORDERED that:

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1. A hearing on the Motion to Compel (Dkt. #56), Motion to Seal (Dkt. #57) and

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Stipulation to Stay Proceedings (Dkt. #59) is set for 10:00 a.m., October 20, 2015, in

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Courtroom 3B.

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2. Counsel for non-party Dr. Schifini shall have until October 5, 2015, in which to file a

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response to the motion to compel. Plaintiff shall have until October 13, 2015, to file

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a reply.

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3. Counsel for Plaintiff shall forthwith serve counsel for Dr. Schifini with a copy of this
order and file proof of service with the Clerk of the Court.

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4. The Motion to Compel (Dkt. #56 is unsealed. The exhibits to the motion shall
#57)

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remain sealed pending an opportunity by State Farm to file the appropriate

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memorandum of points and authorities. State Farm shall have until October 5, 2015,

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to file a memorandum of points and authorities supporting any request to seal any of

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the exhibits submitted with the motion to compel. The memorandum shall comply

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with the standards for sealing articulated by the Ninth Circuit in Kamakana v. City

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and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006).

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5. Failure to timely file a memorandum will result in unsealing all of the attached
exhibits.
DATED this 22nd day of September, 2015.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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