New Jersey Manufacturers Insurance Company v. Brady et al

Filing 44

ORDER granting in part and denying in part 18 Motion for Partial Summary Judgment; granting in part and denying in part 31 Motion to Compel Producton of Documents. NJM required to supplement its privilege log within 14 days. See Order for additional, specific details. Signed by Honorable A. Richard Caputo on 1/20/17 (jam)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
NEW JERSEY MANUFACTURERS
INSURANCE COMPANY,

CIVIL ACTION NO. 3:15-CV-02236

Plaintiff,
(JUDGE CAPUTO)
v.
J. SCOTT BRADY, Individually, and
BRADY & GRABOWSKI, P.C.,
Defendants.
ORDER
NOW, this 20th day of January, 2017, IT IS HEREBY ORDERED that:
(1)

Plaintiff’s Motion for Partial Summary Judgment (Doc. 18) is GRANTED in
part and DENIED in part.
(a)

Defendants are not precluded from conducting further discovery related
to NJM’s alleged bad faith handling of the Wells claim.

(b)

The Court will strike Defendants’ bad faith contributory negligence
defense (Answer ¶¶ 1, 3, Doc. 10) only to the extent that this defense
is based on NJM’s alleged bad faith conduct that is not causally related
to the arbitration award.

(2)

Defendants’ Motion to Compel Production of Documents (Doc. 31) is
GRANTED in part and DENIED in part.
(a)

Plaintiff must produce NJM documents 4005-4006, 4013-4022, 40484050, 4051-4052, and 4060.

(b)

The remaining documents in the NJM file are privileged from discovery
and not subject to waiver.

(c)

NJM is required to supplement its privilege log within fourteen (14)
days from the date of entry of this Order to include the specific sender
and recipient information for all documents in the Curtin & Heefner file
listed as an Attorney Client Communication. NJM must also specify

which attorney(s) prepared the documents listed as Attorney Work
Product in the privilege log. Additionally, NJM must provide more
detailed descriptions explaining the contents of the documents withheld
in the Curtin & Heefner file that allow the Court to determine whether
each element of the privilege claimed is satisfied.
(d)

If Defendants choose to file a motion challenging the sufficiency of the
supplemented privilege log, they must do so within fourteen (14) days
from the date of the filing of the supplemented privilege log with the
Court.

/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge

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