Neville v. Encompass Insurance Company of America

Full title: ALFRED THOMAS NEVILLE, Plaintiff, v. ENCOMPASS INSURANCE COMPANY OF…

Court: United States District Court, D. Colorado

Date published: Mar 13, 2006

Civil Action No. 05-cv-02538-EWN-BNB (D. Colo. Mar. 13, 2006)

Opinion

Civil Action No. 05-cv-02538-EWN-BNB.

March 13, 2006

ORDER

BOYD BOLAND, Magistrate Judge

This matter is before me on the following motions:

(1) Plaintiff's Motion to Compel Disclosure of Complete Insurance Claims File and for Finding of Waiver of Privilege [Doc. # 12, filed 2/13/06] (the "Motion to Compel"); and

(2) Plaintiff's Amended Motion to Compel Disclosure of Complete Insurance Claims File and for Finding of Waiver of Privilege In Light of Privilege Log Filed By Defendant [Doc. # 18, filed 2/21/06] (the "Amended Motion to Compel").

I held a hearing on the motions this morning and made rulings on the record, which are incorporated here. In summary and for the reasons stated on the record:

IT IS ORDERED that the Motion to Compel is DENIED as moot.

IT IS FURTHER ORDERED that the Amended Motion to Compel is GRANTED as follows:

(a) On or before March 17, 2006, counsel for the defendant shall prepare and submit to counsel for the plaintiff a proposed Protective Order consistent with the requirements of Gillard v. Boulder Valley School Dist. RE-2, 196 F.R.D. 382 (D. Colo. 2000); and

(b) Within three business days after the entry of a Protective Order, the defendant shall produce to the plaintiff the documents withheld on a claim of confidentiality.

IT IS FURTHER ORDERED that the Amended Motion to Compel is DENIED in all other respects.