Travelers Indemnity Co. v. Metropolitan Life Insurance

228 F.R.D. 111, 62 Fed. R. Serv. 3d 96, 2005 U.S. Dist. LEXIS 12914, 2005 WL 975661
CourtDistrict Court, D. Connecticut
DecidedApril 28, 2005
DocketNo. 3:04MC467(CFD)(TPS)
StatusPublished
Cited by39 cases

This text of 228 F.R.D. 111 (Travelers Indemnity Co. v. Metropolitan Life Insurance) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Travelers Indemnity Co. v. Metropolitan Life Insurance, 228 F.R.D. 111, 62 Fed. R. Serv. 3d 96, 2005 U.S. Dist. LEXIS 12914, 2005 WL 975661 (D. Conn. 2005).

Opinion

RULING ON PLAINTIFFS’ MOTION TO QUASH

SMITH, United States Magistrate Judge.

The plaintiffs, Travelers Indemnity Company and Travelers Casualty and Surety Company (collectively “Travelers”), seek an order from the court quashing subpoenas served by the defendant, Metropolitan Life Insurance Company (“MetLife”), on the grounds that the subpoenas seek publicly available documents that are equally accessible to MetLife, and that they seek non-public documents that are irrelevant, extremely voluminous, proprietary, and subject to the attorney-client and work product privileges. (Dkt.# 1). For the foregoing reasons, the plaintiffs’ motion is GRANTED.

BACKGROUND

In January 2003, MetLife filed a complaint (“Complaint”) under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. §§ 9601 et seq., against Control Components, Inc. (“Control”) and other former owners and operators, seeking contribution and indemnity to recover costs it incurred, and will incur, in remediating releases of certain chemicals at and around a ten-acre parcel it owns in Irving, California (“Site”). (Def.’s Mem. Opp’n Mot. at 1). Control advised MetLife that the plaintiffs’ insurance policies provide coverage for MetLife’s claims.1 (Zimmer[113]*113man Aff. ¶ 5). When MetLife requested production of these policies from Control and they were not immediately forthcoming, Met-Life served two subpoenas on Travelers on July 30, 2004 to obtain these policies and related documents. (Id. ¶ 6; Pl.’s Mem. Supp. Mot. at 2). On or about August 9, 2004, Attorney Timothy J. Cornell, representing Travelers, telephoned Attorney Kurt F. Zimmerman, representing MetLife, to seek an extension of time for Travelers to respond to the subpoenas. (Cornell Aff. ¶ 2). They agreed that MetLife would give Travelers until September 15, 2004 to respond to the subpoenas. (Zimmerman Aff. ¶ 7). Attorney Cornell also indicated that Travelers’ response would not include the production of documents. (Cornell Aff. ¶ 3). The plaintiffs filed a Motion to Quash the MetLife subpoenas on September 16, 2004.

DISCUSSION

The two subpoenas served on Travelers by MetLife on July 30, 2004 seek the production of insurance policies, policy applications, underwriting files, claim files, issuances, investigative documents, documents concerning hazardous substances and waste at the Site, tenders of claims, denials or disclaimers of coverage, and all other documents relating to any insurance policy issued or underwritten by Travelers which may provide coverage to any party named in the Complaint for the claims at issue. (Groark Aff., 9/15/04, Ex. 2 & 3). Travelers seeks to quash these subpoenas on the grounds that 1) MetLife may obtain the insurance policies in question from the public record or from Control directly, rather than placing an undue burden on a non-party, and 2) the non-public documents sought by the subpoenas are irrelevant, voluminous, and largely subject to privilege. (Pl.’s Mem. Supp. Mot. at 6-11).

A.

While the court interprets liberally the discovery provisions of the Federal Rules of Civil Procedure to encourage the free flow of information among litigants, limits do exist. For instance, Rule 26(c) provides that, upon a showing of good cause, the presiding court “may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression or undue burden or expense.” Fed.R.Civ.P. 26(c). More pertinently, Rule 45(c)(3) commands that a court “shall” quash or modify a subpoena if the subpoena “subjects a person to undue burden.” Fed.R.Civ.P. 45(c)(3)(A)(iv). The burden of persuasion in a motion to quash a subpoena is borne by the movant. United States v. Int’l Bus. Mach. Corp., 83 F.R.D. 97, 104 (S.D.N.Y.1979); see 9 Wright & Miller, Federal Practice and Procedure § 2449 at p. 46 (1995).

An evaluation of undue burden requires the court to weigh the burden to the subpoenaed party against the value of the information to the serving party. Whether a subpoena imposes an “undue burden” depends upon “such factors as relevance, the need of the party for the documents, the breadth of the document request, the time period covered by it, the particularity with which the documents are described and the burden imposed.” IBM, 83 F.R.D. at 104. However, courts also give special weight to the burden on non-parties of producing documents to parties involved in litigation. See Cusumano v. Microsoft Corp., 162 F.3d 708, 717 (1st Cir.1998) (“concern for the unwanted burden thrust upon non-parties is a factor entitled to special weight in evaluating the balance of competing needs.”); Heidelberg Ams., Inc. v. Tokyo Kikai Seisakusho, Ltd., 333 F.3d 38, 41-42 (1st Cir.2003); see also Fed.R.Civ.P. 45(c)(2)(B) (“an order to compel production shall protect any person who is not a party from significant expense.... ”). The determination of issues of burden and reasonableness is committed to the sound discretion of the trial court. Concord Boat Corp. v. Brunswick Corp., 169 F.R.D. 44, 49 (S.D.N.Y.1996); 9A Wright & Miller, § 2463.

On February 22, 2000, The Babcock & Wilcox Company (“B & W”) and certain of its subsidiaries (“Debtors”), including Control, filed petitions for relief under Chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court for the Eastern District of Louisiana (“Bankruptcy Court”). (Pl.’s [114]*114Mem. Supp. Mot. at 6-11). This bankruptcy is currently pending. (Id.). Pursuant to that filing, the Debtors’ insurance assets became assets of the bankruptcy estate, including any policies issued by Travelers to the Debtors under which Control may or may not be an insured. 11 U.S.C. § 541(a); Am. Bankers Ins. Co. of Fla. v. Maness, 101 F.3d 358, 362 (4th Cir.1996).

Travelers argues that “MetLife may obtain such [pjolieies from the Bankruptcy Court, where they were filed as part of the B & W bankruptcy proeeeding[,]” adding that “[n]on-parties such as Travelers should not be burdened with voluminous productions when the parties themselves can produce or obtain the documents at their own expense.” (PL’s Mem. Supp. Mot. at 6) (citation omitted). In opposition, MetLife claims that “[t]o obtain the subpoenaed policies would require [it] to review thousands of pleadings and their voluminous attachments — a very burdensome and unnecessary task considering Travelers presumably has kept copies of responsive policies and could make those copies available to MetLife.” (Def.’s Mem. Opp’n Mot. at 5).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
228 F.R.D. 111, 62 Fed. R. Serv. 3d 96, 2005 U.S. Dist. LEXIS 12914, 2005 WL 975661, Counsel Stack Legal Research, https://law.counselstack.com/opinion/travelers-indemnity-co-v-metropolitan-life-insurance-ctd-2005.