Spaulding v. State Farm Mutual Automobile Insurance Company

Filing 74

ORDER GRANTING DEFENDANT'S MOTION FOR PROECTIVE ORDER - granting in part and denying in part 48 Motion for Protective Order; granting in part and denying in part 50 Motion to Compel Signed by Judge Salvador Mendoza, Jr. (VR, Courtroom Deputy)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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JEROME LOUIS SPAULDING, a
married man,

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Plaintiff,
v.

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No. 2:14-CV-0307-SMJ

ORDER GRANTING
DEFENDANT’S MOTION FOR
PROTECTIVE ORER

STATE FARM MUTUAL
AUTOMOBILE INSURANCE
COMPANY,
Defendant.

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Before the Court, without oral argument, is the Defendant’s Motion for a
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Protective Order, ECF No. 48, and Plaintiff’s Motion to Compel, ECF. No 50. In
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the motions, the parties asks the Court to settle a number of discovery disputes.
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Having reviewed the pleadings and the file in this matter, the Court is fully
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informed and grants both motions in-part and denies both motions in-part.
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Accordingly, IT IS HEREBY ORDERED:
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1. Defendant’s Motion for Protective Order, ECF No. 48, is GRANTED
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in-part and DENIED in-part.
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2. Plaintiff’s Motion to Compel, ECF No. 50, is GRANTED in part and
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DENIED in part.

ORDER - 1

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3. Defendant State Farm need not produce a 30(b)(6) witness to testify or

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documents related to the drafting history of the State Farm policy

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language as none of it is in dispute in this litigation or relevant to the

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claims or defenses of the parties.

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4. Defendant State Farm need not produce unrelated complaints or lawsuits

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or State Farm’s records keeping regarding prior complaints or lawsuits.

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5. Defendant State Farm need not produce it’s pre-suit evaluation analysis

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and value determinations and its post-suit evaluations.
6. Defendant State Farm need not produce a 30(b)(6) witness to testify or
further documents related to the underwriting of the policy at issue.

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7. Defendant State Farm’s agreement to produce training materials relating

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to UIM claims handling and first-party claims handling that the involved

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claims personnel-Tony Bird, Kristin Halvorsen, and Janet Riggs-

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completed in the time frame of five years prior to the accident to the date

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the lawsuit was filed is reasonable and proportionate to the needs of the

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case. Further training materials or testimony are protected from

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production as neither relevant to the parties’ claims and defenses nor

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proportional to the needs of the case.

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8. Defendant State Farm must produce within (5) five days of entry of this
order the following documents:

ORDER - 2

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a. Personnel files of the adjusters working on the claim. Personal

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identification information, health, and medical information should

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be redacted; and

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b. All documents created during adjustment of plaintiff’s claim,

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including the complete unredacted claim file and those created

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after litigation began; and

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IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order and

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provide copies to all counsel.
DATED this 28th day of July 2016.

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__________________________
SALVADOR MENDOZA, JR.
United States District Judge

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ORDER - 3