SPEAR et al v. WESTFIELD INSURANCE COMPANY

Filing 42

ORDER THAT PLAINTIFFS BARBIE SPEAR AND ALLIANCE HOLDINGS, INC. EMPLOYEE STOCK OWNERSHIP PLAN (PLAINTIFFS) SHALL RECOVER BY SUBPOENA, IF NECESSARY - AND PRODUCE ALL DOCUMENTS RESPONSIVE TO DEFENDANT WESTFIELD INSURANCE COMPANYS MAY 4, 2015 FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFFS. IF SUBPOENAS ARE REQUIRED THEY SHALL ISSUE AT ONCE, AND SHALL BE RETURNABLE NO LATER THAN THIRTY (30) DAYS FROM THE DATE OF THIS ORDER. THE PARTIES, BY COUNSEL, SHALL REPORT THE STATUS O F PRODUCTION BY A TELEPHONE STATUS CONFERENCE HELD WITHIN 45 DAYS OF THE DATE OF THIS ORDER. AT THE TIME OF THE STATUS CONFERENCE THE PARTIES SHALL BE PREPARED TO DISCUSS WITH ME THE ENTRY OF A SCHEDULING ORDER IN THIS CASE. THE PLAINTIFFS SHALL PRO DUCE TO WESTFIELD THE SETTLEMENT AGREEMENT ENTERED INTO IN SPEAR, ET AL. V. FENKELL, ET AL., E.D. PA. 2:13-CV-02391-RAL WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER, COMPLYING WITH ANY NOTICE OBLIGATIONS TO OTHER PARTIES TO THE SETTLEMENT AGREEM ENT. THE SETTLEMENT AGREEMENT SHALL BE SUBJECT TO THE SUPPLEMENTAL PROTECTIVE ORDER PREVIOUSLY ENTERED IN THIS CASE. THE PLAINTIFFS EXISTING OBJECTIONS TO WESTFIELDS FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFFS, BASED ON PRIVILEGE, ARE OVERRULED. THE PLAINTIFFS OTHER OBJECTIONS, GENERAL AND SPECIFIC, TO WESTFIELDS FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFFS ARE OVERRULED. SIGNED BY MAGISTRATE JUDGE RICHARD A. LLORET ON 11/14/17. 11/14/17 ENTERED AND COPIES E-MAILED. (va, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
BARBIE SPEAR, in her capacity as
Trustee of the Alliance Holdings, Inc.
Employee Stock Ownership Plan,
and
ALLIANCE HOLDINGS, INC.
EMPLOYEE STOCK OWNERSHIP
PLAN,
Plaintiffs
v.
WESTFIELD INSURANCE COMPANY,
Defendant.

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CIVIL ACTION

No. 2:15-cv-00582-RAL

ORDER
AND NOW, this _14th day of November, 2017, for the reasons stated in the
accompanying Memorandum, it is hereby:
ORDERED
1. Plaintiffs Barbie Spear and Alliance Holdings, Inc. Employee Stock Ownership
Plan (“Plaintiffs”) shall recover – by subpoena, if necessary - and produce all
documents responsive to Defendant Westfield Insurance Company’s May 4, 2015
First Set of Requests for Production of Documents Directed to Plaintiffs. If
subpoenas are required they shall issue at once, and shall be returnable no later
than thirty (30) days from the date of this Order. The parties, by counsel, shall
report the status of production by a telephone status conference held within 45

days of the date of this Order. At the time of the status conference the parties
shall be prepared to discuss with me the entry of a scheduling order in this case.
2. The Plaintiffs shall produce to Westfield the Settlement Agreement entered into
in Spear, et al. v. Fenkell, et al., E.D. Pa. 2:13-cv-02391-RAL within thirty (30)
days of the date of this Order, complying with any notice obligations to other
parties to the Settlement Agreement. The Settlement Agreement shall be subject
to the supplemental protective order previously entered in this case.
3. The Plaintiffs’ existing objections to Westfield’s First Set of Requests for
Production of Documents Directed to Plaintiffs, based on privilege, are overruled.
4. The Plaintiffs’ other objections, general and specific, to Westfield’s First Set of
Requests for Production of Documents Directed to Plaintiffs are overruled.

BY THE COURT:
s/Richard A. Lloret
.
RICHARD A. LLORET
UNITED STATES MAGISTRATE JUDGE