Free Motion for Protective Order - District Court of Connecticut - Connecticut

Case 3:03-cv-00644-CFD Document 142 Filed 01/17/2006 Page 1 of 4
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
BRUCE CHARLES RYAN, RUSSELL WILLIAM )
NEWTON, ROBERT FITZPATRICK, and ) CASE NUMBER:
MERIT CAPITAL ASSOCLATES, INC., ) 3:03 CV 00644 (CFD)
)
Plaintiffs, )
)
vs. )
)
NATIONAL UNION FIRE INSURANCE )
COMPANY OF PITTSBURGH, PA., and )
AIG TECHNICAL SERVICES, INC., )
)
Defendants, )
· )
DAVID W. GWYNN, RAQUEL GW Y N N )
GW Y N N FINANCIAL SERVICES, INC. ) CASE NUMBER:
) 3:03 CV 1154 (CFD)
Plaintiffs )
)
vs. )
I
NATIONAL UNION FIRE INSURANCE )
COMPANY OF PITTSBURGH, PA., and ) P,
AIG TECHNICAL SERVICES, INC., )
)
Defendants ) JANUARY 17, 2006 3
DEFENDANTS’ MOTION FOR PROTECTIVE ORDER
Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, the Defendants National
Union Fire Insurance Company of Pittsburgh, PA and A.I.G. Technical Services, Inc., now
known as AIG Domestic Claims, Inc., (collectively, National Union), respectfully request that

ase 3:03-cv-00644-CFD Document 142 Filed O1/17/2006 Page 2 of 4 A
this Court enter a protective order with respect to the Ryan Plaintiffs’ First Request for
Production of Documents dated May 16, 2005 ("Ryan P1aintiffs’ Requests" or "Requests").l
Wherefore, for the reasons stated in the memorandum of law filed herewith, all relevant
documents and information sought in this disputed Request have previously been produced in
response to the Gwynn P1aintiffs’ requests. The Ryan Plaintiffs’ Requests are unreasonably
cumulative and duplicative. For these reasons, National Union respectfully requests that the
discovery requested in the Ryan Plaintiffs’ Requests not be had pursuant to Federal Rules of
Civil Procedure 26(b)(2) and 26(c). Good cause exists for a protective order to enter that no fact
discovery shall be sought regarding:
(1) Claims and litigation beyond the consolidated cases;
(2) The Sowell Claims or Sowell Arbitration other than the responsive, relevant and non-
privileged documents produced in response to the Gwynn Plaintiffs’ Doctunent
Requests;
(3) Any reserves established by National Union or any reinsurance obtained by National
Union or any communications National Union had with reinsurers;
(4) National Union’s Corporate, Financial, Approved Counsel or Personnel information;
(5) Privileged Documents between National Union and its legal counsel after the
commencement of this action.
I The Ryan Plaintiffs’ Requests are also the subject of a Motion to Compel tiled by the Ryan Plaintiffsl Plaintiffs’
counsel attached to the Memorandum of Law in Support of Their Motion to Compel, his affidavit that a good faith
conference was in fact conducted. Moreover, concurrently with the tiling of this motion, the Defendants have
opposed the Ryan Plaintiffs’ Motion to Compel. The arguments made in National Unions’ opposition equally apply
to this motion.
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Case 3:03-cv-00644-CFD Document 142 Filed 01/17/2006 Page 3 of 4
Alternatively, should this court order production of any further documents, the
Defendants would respectfully request that the court impose the costs and expenses of said
production on the Ryan Plaintiffs. In the event that the Ryan Plaintiffs obtain a verdict in their
favor on Count Four, statutory bad faith, then the court can consider awarding them the costs of
obtaining the production.
NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA.
and AIG TECHNICAL SERVICES, INC.
B;’%..%( .
Mark B. Sei ger ,
Fed. Bar No. ctO558O
Edwards Angell Palmer & Dodge LLP
90 State House Square
Hartford, CT 06103-2715
Tel: (860) 525-5065
Fax: (860) 527-4198
Email: [email protected]
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ase 3:03-cv-00644-CFD Document 142 Filed 01/17/2006 Page 4 of 4
CERTIFICATION
This is to certify that a true and correct copy of the foregoing was delivered by United
States mail, postage prepaid, to the following this 17th day of January, 2006:
Peter M. Nolin, Esq.
Jay H. Sandak, Esq.
Sandak Hennessey & Greco LLP
707 Summer Street
Stamford, CT 06905
(203) 425-4200
Mario DiNatale, Esq.
Jonathan M. Levine, Esq.
Silver Golub & Teitell LLP
184 Atlantic Street
Stamford, CT 06904
(203) 325-4491
Mark B. Seiger ( 4
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