State Farm Fire & Casualty Company v. Broan-NuTone LLC et al

Filing 23

ORDER granting in part and denying in part 16 Motion to Compel. Defendants must produce certain documents within five days of this Order. Counsel are directed to complete a second deposition of Mr. Bakula no later than July 8, 2009. Defendants' motion for a protective order is denied, by Judge Marsha J. Pechman.(RK)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 v. BROAN-NUTONE LLC a foreign limited liability company, et al, Defendants.

The Honorable Marsha J. Pechman

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE STATE FARM FIRE AND CASUALTY, as subrogee for Sandra J. Slisco, Plaintiff, Case No. C08-0876 MJP ORDER GRANTING MOTION TO COMPEL

This matter comes before the Court on Plaintiff's motion to compel Defendants to produce certain documents. (Dkt. No. 16.) The Court has considered the motion, the response (Dkt. No. 17), the reply (Dkt. No. 20), and the documents submitted in support thereof. The Court finds and orders as follows: 1. Plaintiff's motion is GRANTED IN PART. Defendants must produce all documents, from 1984 onward, related to allegations that a fire in one of its fans occurred as a result of a crimp connection within a Broan fan's motor. If Defendants cannot determine if a fire has occurred because of a crimped connection, all claims, from 1984 onward, involving fires in fans using crimped connectors must be produced.
ORDER GRANTING MOTION TO COMPEL - 1 CASE NO. C08-0876 MJP

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 record.

Defendants must complete any such production within five (5) days of this Order. The Court extends the June 1, 2009 discovery deadline for the purposes of this production. 2. Defendants' counsel should not have directed Mr. Bakula not to answer deposition questions on the basis of a pending motion for a protective order. (See Dkt. No. 20 at 2.) Plaintiff may depose Mr. Bakula again and Defendants must pay for any expenses, including counsel's fees, for the second deposition. The Court directs counsel to schedule and complete the deposition, either by telephone or in person by July 8, 2009.1 Plaintiff may submit a declaration in support of a fee award upon completion of the deposition. The Court extends the June 1, 2009 discovery deadline for the purposes of this deposition. 3. Defendants' motion for a protective order is DENIED. Defendants proposed protective order is more restrictive than necessary and may preclude discovery of relevant material. It is SO ORDERED. The Clerk shall transmit a copy of this Order to all counsel of

Dated this 25th day of June, 2009.

Marsha J. Pechman United States District Judge

A

This deadline exists to allow Plaintiff to complete its response to Defendants' motion for summary judgment by July 13, 2009.
ORDER GRANTING MOTION TO COMPEL - 2 CASE NO. C08-0876 MJP

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