Continental Casualty Company v. Amerisure Insurance Company

Filing 39

ORDER denying 23 Motion to Compel. Signed by Senior Judge Graham Mullen on 12/17/2015. (tmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:14CV529
CONTINENTAL CASUALTY
COMPANY,

)
)
)
Plaintiff,
)
)
vs.
)
)
AMERISURE INSURANCE
)
COMPANY,
)
)
Defendant.
)
____________________________________)

ORDER

This matter is before the Court upon Plaintiff’s Motion to Compel (Doc. No. 23), filed on
November 5, 2015. Plaintiff seeks to compel Defendant to produce certain documents requested
in document request numbers 7, 8 and 9 of Plaintiff’s Request for Production of Documents,
served on Defendants on March 12, 2015. Defendant responded to these requests on May 13,
2015, objecting on the grounds that the requests were overly broad, unduly burdensome, and
unlikely to lead to the discovery of admissible evidence.
Based upon the Court’s review of the Plaintiff’s motion and the Defendant’s brief in
opposition, the Court finds that Plaintiff’s Motion to Compel is untimely, and the requests are
overly-broad, unduly burdensome, and outside the scope permitted by Rule 26(b)(1).
Accordingly,
IT IS THEREFORE ORDERED that Plaintiff’s Motion to Compel is hereby DENIED.
Signed: December 17, 2015