Ten Talents Investment 1 LLC, et al vs. Ohio Security Insurance Company

Filing 27

ORDER TO SHOW CAUSE re 24 MOTION for Reconsideration re 22 Order on Motion to Compel. The plaintiff is requested to file a short response to the Motion for Reconsideration of no more than eight pages. Show Cause Response due by 5/31/2013. Signed by Judge Ronald B. Leighton. (DN)

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HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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TEN TALENTS INVESTMENT 1 LLC,

CASE NO. C12-5849 RBL

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Plaintiff,
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v.

ORDER REQUESTING RESPONSE
TO MOTION FOR
RECONSIDERATION

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OHIO SECURITY INSURANCE
COMPANY,

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Defendant.

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THIS MATTER is before the Court on Ohio Security’s Motion for Reconsideration [Dkt.
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#24] of the Court’s Order [Dtk. #22] Granting Plaintiff Ten Talents’ Motion to Compel [Dkt.
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#14] production of documents withheld from Ohio’s claims file under the attorney-client
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privilege.
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The Motion for Reconsideration is based on two arguments:
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1.

The Court erroneously believed that Ohio was asserting an “advice of counsel”

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defense to Ten Talents’ bad faith claims; and
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2.

Under Cedell v Farmers, 295 P.3d 239 (Wash. 2013), the presumption that there

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is no attorney-client privilege in first party bad faith litigation can be overcome by a showing that
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the attorney was not engaged in the claim investigation, but was instead providing only a legal
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ORDER REQUESTING RESPONSE TO MOTION
FOR RECONSIDERATION - 1

1 opinion about whether coverage exists under the law. This determination is made by the Court
2 following an in camera review of the disputed documents.
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The Court has conducted an in camera review and is satisfied that Mr. McAllister did not

4 participate in the investigation and instead provided advice only on the subject of whether
5 coverage existed on a given set of facts.
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Nevertheless, under Local Rule 7(h), no motion for reconsideration will be granted unless

7 an opposing party has been afforded the opportunity to file a response. The Court hereby
8 REQUESTS that Ten Talents file a short Response to the Motion for Reconsideration, if it
9 believes that either of these two issues is still in play. The Response should be no more than 8
10 pages and should be filed no later than May 31.
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IT IS SO ORDERED.

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Dated this 22nd day of May, 2013.

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A

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RONALD B. LEIGHTON
UNITED STATES DISTRICT JUDGE

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