Davis et al v. Rapid Response, Inc. et al

Filing 50

ORDER granting plaintiffs' 45 Motion to Compel. Signed by US Magistrate Judge Veronica L. Duffy on 07/14/2014. (Duffy, Veronica)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
WESTERN DIVISION
JOHN DELANEY, Guardian Ad Litem
and Special Limited Conservator of
ANDY R. DAVIS, a protected person,
and SHANNON HUMANN DAVIS,
Individually, and as Guardian Ad Litem
of DH and KKD, minor children,
Plaintiffs,
vs.
RAPID RESPONSE, INC.,
MARK A. DEPROW, and
RAPID RESPONSE 1, LLC,
Defendants.

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CIV. 12-5076-JLV

ORDER GRANTING PLAINTIFFS’
MOTION TO COMPEL
DOCKET NO. 45

This diversity action is pending before this court alleging claims on behalf
of plaintiffs against defendants sounding in negligence arising out of a collision
between defendants’ semi-tractor trailer and plaintiffs’ motorcycle on July 24,
2012. See Docket No.36. Defendants Rapid Response, Inc. and Mark A.
DeProw admitted service of the summons and amended complaint on June 12,
2013. See Docket No. 19.1 Rapid Response 1, LLC was served with a
summons and a copy of plaintiffs’ complaint on February 28, 2014.2 See
Docket No. 38.

The parties later stipulated to the dismissal of Mark A. DeProw from this lawsuit. See Docket
No. 30.
2 Defendant Rapid Response 1, LLC was added as a defendant when plaintiffs amended their
complaint on February 27, 2014. See Docket No. 36.
1

Although Rapid Response 1, LLC filed a corporate disclosure statement as
required by Federal Rule of Civil Procedure 7.1 (see Docket No. 42), plaintiffs
allege that Rapid Response 1, LLC has never provided them with documentation
regarding possible indemnification insurance. Plaintiffs now move the court for
an order directing Rapid Response 1, LLC to provide such documentation to
plaintiffs. See Docket No. 45. Plaintiffs allege in their motion that they
conferred in good faith with counsel for Rapid Response 1, LLC in an attempt to
work out a compromise of this issue, to no avail. Rapid Response 1, LLC has
not filed a response to plaintiffs’ motion to compel and the time for doing so has
now elapsed.
Rule 26 of the Rules of Civil Procedure provides that parties must make
certain disclosures of information and documents voluntarily at the beginning of
a lawsuit. Among the items a party must disclose for inspection and copying
without the other side having to ask for it is:
Any insurance agreement under which an insurance business may
be liable to satisfy all or part of a possible judgment in the action or
to indemnify or reimburse for payments made to satisfy the
judgment.
See FED. R. CIV. P. 26(a)(1)(A)(iv).
Rapid Response 1, LLC has not provided a copy of any liability
insurance policy to plaintiffs. This defendant has also not represented
that it has no such insurance policy. Accordingly, good cause appearing,
it is hereby
ORDERED that plaintiffs’ motion to compel [Docket No. 45] is
hereby granted. It is further

ORDERED that defendant Rapid Response 1, LLC shall immediately
provide to plaintiffs a copy of any document answering the description
found at Rule 26(a)(1)(A)(iv). If no such document exists, defendant Rapid
Response 1, LLC shall so declare under oath and immediately serve
plaintiffs with a copy of its sworn statement to this effect.
Dated July 14, 2014.
BY THE COURT:
/s/

Veronica L. Duffy

VERONICA L. DUFFY
UNITED STATES MAGISTRATE JUDGE