Reverse Now VII, LLC v. Oregon Mutual Insurance Company

Filing 79

ORDER granting defendant's 57 Motion to Compel; Plaintiff is ORDERED to comply within seven (7) days of date of this Order. Signed by Judge Marsha J. Pechman. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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REVERSE NOW VII, LLC,
Plaintiff,

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v.

CASE NO. C16-209-MJP
ORDER GRANTING
DEFENDANT’S MOTION TO
COMPEL

OREGON MUTUAL INSURANCE
COMPANY,

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Defendant.
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THIS MATTER comes before the Court on Defendant Oregon Mutual Insurance

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Company (“Oregon Mutual”)’s Motion to Compel. (Dkt. No. 57.) Having reviewed the Motion,

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the Response (Dkt. No. 67), the Reply (Dkt. No. 74), and all related papers, the Court GRANTS

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the Motion. The Court declines to hear oral argument on the matter.

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Oregon Mutual requests an order compelling Plaintiff to (1) produce all correspondence

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with Paul Moreland and HMA Loss Consultants, LLC (“HMA”) and all documents generated by

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Mr. Moreland and HMA; and (2) provide a sufficiently detailed privilege log for those

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documents that it seeks to withhold based on privilege. (Dkt. No. 57 at 1-2.)

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ORDER GRANTING DEFENDANT’S MOTION TO COMPEL - 1

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Plaintiff retained Mr. Moreland and HMA to serve as its insurance adjuster in its claim

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against Oregon Mutual, and subsequently, as an expert in this litigation. (Dkt. No. 67 at 6; see

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also Dkt. No. 49.) Based on Mr. Moreland’s designation as an expert, Plaintiff has asserted work

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product protection and privilege, and has refused to turn over certain documents it claims include

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Mr. Moreland’s opinions, analysis, or investigation. (Dkt. No. 57 at 3; Dkt. No. 67 at 10.)

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Because Mr. Moreland serves as both a fact and expert witness, and because there are

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allegations that he was not licensed as a public adjuster during the pendency of the insurance

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proceedings in violation of RCW 48.30A.005, the Court ORDERS as follows:

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(1) Plaintiff is ORDERED to produce all documents relating to Mr. Moreland/HMA

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generated up until the date on which Mr. Moreland was retained as an expert;

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(2) Plaintiff is ORDERED to provide a detailed privilege log and to submit for the

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Court’s in camera review all documents relating to Mr. Moreland/HMA

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generated after the date on which Mr. Moreland was retained as an expert, and

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over which Plaintiff asserts a claim of privilege;

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(3) Plaintiff is ORDERED to comply within seven (7) days of the date of this Order.

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The clerk is ordered to provide copies of this order to all counsel.

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Dated May 17, 2018.

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A

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Marsha J. Pechman
United States District Judge

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ORDER GRANTING DEFENDANT’S MOTION TO COMPEL - 2