Diamond State Insurance v. Rebel Oil Co.

157 F.R.D. 691, 1994 U.S. Dist. LEXIS 14426, 1994 WL 549731
CourtDistrict Court, D. Nevada
DecidedSeptember 22, 1994
DocketNo. CV-S-93-815-LDG(RJJ)
StatusPublished
Cited by55 cases

This text of 157 F.R.D. 691 (Diamond State Insurance v. Rebel Oil Co.) is published on Counsel Stack Legal Research, covering District Court, D. Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Diamond State Insurance v. Rebel Oil Co., 157 F.R.D. 691, 1994 U.S. Dist. LEXIS 14426, 1994 WL 549731 (D. Nev. 1994).

Opinion

ORDER

JOHNSTON, United States Magistrate Judge.

The matters before the undersigned Magistrate Judge include motions submitted by both parties, as well as a non-party, regarding the discovery of substantially identical information. The court has reviewed the non-party Motion of Western General Agency to Quash Subpoena and Objections (# 32), Diamond State’s Joinder in Motion to Quash Subpoena and Objections (# 35), Rebel Oil’s Opposition to Motion to Quash Subpoena and Objections and Countermotion to Compel Production of Documents (# 37), and Rebel Oil’s Motion for Order Compelling Discovery (# 40).

BACKGROUND

On March 29, 1993, Plaintiff, Diamond State Insurance Company (“Diamond State”) issued a commercial liability insurance policy to Defendant, Rebel Oil Company, Inc. (“Rebel Oil”). Diamond State issued this policy through its agent, Western General Agency (“Western General”). Rebel Oil also negotiated this policy through its agent, Sedgwick James. Thereafter, Diamond State issued a midterm “Cancellation Notice” alleging that Rebel Oil had made material misrepresentations in securing the policy.

Diamond State subsequently filed a complaint against Rebel Oil alleging fraud and [694]*694misrepresentation, unjust enrichment and asking for declaratory relief. Rebel Oil then filed an answer and counterclaim against Diamond State alleging unfair claims practice, bad faith, breach of contract and asking for declaratory relief. Rebel Oil also brought a third party complaint against Western General, which was subsequently dismissed without prejudice.

On November 11, 1993, Rebel Oil served its First Set of Interrogatories and Request for Production of Documents on Diamond State. Diamond State objected to three of the requests for production of documents, as set forth below:

REQUEST NO. 12. All documents received from or sent to anyone at Western General Agency from Diamond State in any way relating to Rebel Oil Company, Sedgwick James or Diamond State Policy number SMP 423882.
ANSWER TO REQUEST NO. 12. OBJECTION the request is duplicative, overly broad, unduly burdensome, and not reasonably calculated to lead to admissible evidence. Further, the requests calls for information produced in anticipation of litigation and protected by the work product doctrine and/or attorney-client privilege. REQUEST NO. 13. Any and all agreements between Western General and Diamond State Insurance Company. ANSWER TO REQUEST NO. 13. OBJECTION the request is duplicative, overly broad, unduly burdensome, and not reasonably calculated to lead to admissible evidence. Without waiving the objection as to any other agreement that may exist see D00503-00540 for the underwriting agreement.
REQUEST NO. 14. Any and all documents sent to or received from Western General by Diamond State that contain communications/information regarding Diamond State Insurance Company’s policies and protocols of underwriting of insurance policies and binding coverage.
ANSWER TO REQUEST NO. 14. OBJECTION the request is duplicative, overly broad, unduly burdensome, and not reasonably calculated to lead to admissible evidence.

Plaintiffs Answers to Interrogatories at 18-19, attached as Exhibit E to Rebel Oil’s Motion to Compel (#40). With respect to Request No. 12, Diamond State provided Rebel Oil with a “privilege log” indicating the documents Diamond State considered to be privileged. Motion to Compel (# 40), Exhibit F.

On June 24,1994, Rebel Oil served subpoenas upon Western General’s Las Vegas, Nevada, and Salt Lake City, Utah, offices. These subpoenas demanded the production of documents that were substantially similar to those which Rebel Oil had previously demanded from Diamond State. Specifically, the subpoenas demanded the production of:

Western General’s entire file regarding Rebel Oil including but not limited to any and all documents Western General Agency sent to Diamond State Insurance Company or which Western General received from Diamond State Insurance Company in any way relating to Rebel Oil and/or Diamond State Policy Number SMP 42382, any and all documents which Western General received from, Absolute Insurance Agency, Steven Lemond, Steve Jones, American Insurance and Investment Corporation and/or Reliance Insurance Company which relate to Rebel Oil Company.
Any and all agreements between Western General Agency and Diamond State Insurance Company that contain communication regarding Diamond State Insurance Company’s policies and protocols of underwriting of insurance policies and binding coverage.

On July 11,1994, Western General filed its Motion to Quash Subpoena and Objections (#32), arguing that Rebel Oil’s subpoenas were overly broad, burdensome, duplicative and that they required the disclosure of privileged and confidential information. On July 25, 1994, Diamond State filed its Motion in Joinder to Quash Subpoenas and Objections (#35), also arguing that the subpoenas requested documents which contained privileged information and that the subpoenas were overly broad and ambiguous. Diamond State also suggested that the subpoenaed documents be reviewed in camera to deter[695]*695mine whether the documents were, in fact, privileged or protected. Finally, Diamond State argued that Rebel Oil needed to file a separate motion to compel if it wished to proceed on its original discovery dispute with Diamond State.

On July 26,1994, Rebel Oil filed its opposition and countermotion to Western General’s Motion (# 32), arguing that no justifiable basis existed for quashing the subpoenas. On July 28, 1994, Rebel Oil also filed a separate motion to compel the discovery of Diamond State (# 40). Diamond State did not file a memorandum in opposition to this discovery motion.

DISCUSSION

This court must address the. separate discovery motions with regard to: I) Western General, and II) Diamond State.

I. DISCOVERY OF WESTERN GENERAL’S DOCUMENTS

The issues before the court with regard to the subpoenas served upon Western General are: 1) whether the subpoenas are vague, overly broad and ambiguous; 2) whether enforcement of the subpoenas would be duplica-tive and would impose an undue burden and expense upon Western General; 3) whether some of the subpoenaed documents are privileged or otherwise protected from discovery; and 4) whether an in camera review of the disputed documents is appropriate.

A. VAGUE, OVERLY BROAD AND AMBIGUOUS

A subpoena is sufficiently limited and specific in its directive where compliance to its terms would not be unreasonably burdensome. United States v. Palmer, 536 F.2d 1278, 1282 (9th Cir.1976). The court must use its discretion to determine whether this standard has been satisfied. See United States v. George, 883 F.2d 1407, 1418 (9th Cir.1989) (Court’s discretion to quash subpoena). If a subpoena is overly broad and burdensome, the court may, on its own initiative, modify the language in order to correct the ambiguity and prevent the undue burden. Westside Ford v. United States, 206 F.2d 627

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157 F.R.D. 691, 1994 U.S. Dist. LEXIS 14426, 1994 WL 549731, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diamond-state-insurance-v-rebel-oil-co-nvd-1994.