Community Association Underwriters of America, Inc. et al v. Queensboro Flooring Corp.

Filing 175

ORDER (memorandum filed previously as separate docket entry)- IT IS HEREBY ORDERED THAT: 1. The Pozarliks motion for Rule 37 sanctions (Doc. 145) is GRANTED in part and DENIED in part; 2. The Defendants motion for a Rule 26(c) protective order (Doc . 154) is GRANTED in part and DENIED in part; 3. Within fourteen (14) days of the date of this Order, the Defendants shall produce a complete, certified copy of the Travelers D&O policy; 4. Within fourteen (14) days of the date of this Order, the D efendants shall produce the complete 298 Overlook Way file as kept in the ordinary course of business, as a separate document production set, each page bearing a new and unique bates number to distinguish it from documents previously produced; 5. Wi thin seven (7) days of the date of this Order, the Pozarliks shall identify to the Defendants those purportedly privileged documents they believe should be disclosed; 6. Within fourteen (14) days of the date of this Order, the Defendants shall produ ce copies of the purportedly privileged documents identified by the Pozarliks to the Court for in camera inspection, and serve a copy of the transmittal letter (but not the purportedly privileged documents) on all other parties; 7. The Pozarliks are awarded up to $1,500 in reasonable expenses and attorney fees incurred by them in connection with oral argument on their Rule 37 motion (Doc. 145); 8. The Pozarliks are awarded reasonable expenses and attorney fees incurred by them in connecti on with the depositions of Dave Kalucki, Chris Travis, Phillipe Cruz, and John Hilbert, should they choose to take them; 9. The Pozarliks are granted leave to re-depose Kathleen Simoncic, if they so choose, and they are awarded reasonable expenses a nd attorney fees incurred by them in connection with that deposition; 10. The Defendants and their counsel of record shall be jointly responsible for payment to the Pozarliks of the expenses and attorney fees awarded by this Order; 11. The Pozarlik s shall file a single, comprehensive petition for fees and expenses pursuant to this Order within thirty (30) days after the close of fact discovery; and 12. Counsel for the Defendants are formally reprimanded for their conduct in this case, as further detailed in the accompanying Memorandum Opinion. Signed by Magistrate Judge Karoline Mehalchick on 7/3/2014. (cw)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
COMMUNITY ASSOCIATION
UNDERWRITERS OF AMERICA, INC.,
a/s/o VILLAGE AT CAMELBACK
PROPERTY OWNER ASSOCIATION,
et al.,

CIVIL ACTION NO. 3:10-CV-1559
(MEHALCHICK, M.J.)

Plaintiffs,
v.
QUEENSBORO FLOORING CORP.,
Defendants.
ORDER
AND NOW, this 3rd day of July, 2014, for the reasons stated in the accompanying
Memorandum Opinion, IT IS HEREBY ORDERED THAT:
1. The Pozarliks’ motion for Rule 37 sanctions (Doc. 145) is GRANTED in
part and DENIED in part;
2. The Defendants’ motion for a Rule 26(c) protective order (Doc. 154) is
GRANTED in part and DENIED in part;
3. Within fourteen (14) days of the date of this Order, the Defendants shall
produce a complete, certified copy of the Travelers D&O policy;
4. Within fourteen (14) days of the date of this Order, the Defendants shall
produce the complete 298 Overlook Way file as kept in the ordinary course
of business, as a separate document production set, each page bearing a new
and unique bates number to distinguish it from documents previously
produced;
5. Within seven (7) days of the date of this Order, the Pozarliks shall identify to
the Defendants those purportedly privileged documents they believe should
be disclosed;
6. Within fourteen (14) days of the date of this Order, the Defendants shall
produce copies of the purportedly privileged documents identified by the
Pozarliks to the Court for in camera inspection, and serve a copy of the
transmittal letter (but not the purportedly privileged documents) on all other
parties;

7. The Pozarliks are awarded up to $1,500 in reasonable expenses and attorney
fees incurred by them in connection with oral argument on their Rule 37
motion (Doc. 145);
8. The Pozarliks are awarded reasonable expenses and attorney fees incurred by
them in connection with the depositions of Dave Kalucki, Chris Travis,
Phillipe Cruz, and John Hilbert, should they choose to take them;
9. The Pozarliks are granted leave to re-depose Kathleen Simoncic, if they so
choose, and they are awarded reasonable expenses and attorney fees incurred
by them in connection with that deposition;
10. The Defendants and their counsel of record shall be jointly responsible for
payment to the Pozarliks of the expenses and attorney fees awarded by this
Order;
11. The Pozarliks shall file a single, comprehensive petition for fees and expenses
pursuant to this Order within thirty (30) days after the close of fact
discovery; and
12. Counsel for the Defendants are formally reprimanded for their conduct in
this case, as further detailed in the accompanying Memorandum Opinion.

BY THE COURT:

s/ Karoline Mehalchick
KAROLINE MEHALCHICK
United States Magistrate Judge

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