Fountain, Jr. d/b/a Eastbrook Apartments v. Zurich American Insurance Company, a New York corporation et al

Defendant: Zurich American Insurance Company, a New York corporation and Maryland Casualty Company
Plaintiff: Reginald M. Fountain, Jr. d/b/a Eastbrook Apartments
Case Number: 4:2013cv00120
Filed: May 13, 2013
Court: North Carolina Eastern District Court
Office: Eastern Division Office
County: PITT
Presiding Judge: James C. Dever
Nature of Suit: Insurance
Cause of Action: 28:1332 Diversity-(Citizenship)
Jury Demanded By: Both

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
November 7, 2014 101 Opinion or Order of the Court ORDER granting 84 Motion to Seal Document - This matter is before the court on Defendants' motion to seal a confidential document submitted as an exhibit to its response to Plaintiff's motion to compel. As the basis for Defendant's motion is that the document was inadvertently filed, the more appropriate action would be to have the document removed from the record. Accordingly, the court construes Defendants' motion [DE #84] as a motion to remove the inadvertently filed do cument and GRANTS that motion. Defendants shall havethirty (30) days to file a corrected response to Plaintiff's motion to compel, together with any exhibits to be included in the record. Upon Defendants' filing of the corrected response, the clerk is DIRECTED to remove the image located at DE #46 and make an entry stating that the document has been refiled with a reference to the appropriate docket entry. Signed by Magistrate Judge Kimberly A. Swank on 11/7/2014. (Tripp, S.)
November 7, 2014 102 Opinion or Order of the Court ORDER granting 92 Motion to Remove Inadvertently filed Confidential Documents from Court file and CM/ECF Docket and granting 96 Amended Motion to Seal Document - Plaintiff is directed to file a corrected Motion to Compel, together with any exhib its to be included in the record. Upon filing of the corrected motion, the clerk shall remove the image located at DE #73 and make an entry stating that the document has been refiled with a reference to the appropriate docket entry. Signed by Magistrate Judge Kimberly A. Swank on 11/7/2014. (Tripp, S.)
November 10, 2014 104 Opinion or Order of the Court ORDER regarding 26 Motion for Protective Order; 32 Motion to Compel Better Responses to Plaintiff's First Request for Production of Documents; (2) For a Ruling of Defendant's Waiver of Attorney Privilege and/or Work Product Protec tion or Confidentiality Over Improperly Withheld Documents; and For Leave to Exceed Page Limitations; 48 Motion for Protective Order and To Enforce Confidentiality Agreement; and, 24 Motion to Quash - Defendant's Motion to Quash 24 is DISMISSED as moot and Defendant's Motion for Protective Order 26 is DISMISSED as moot. Having carefully considered the parties arguments concerning Plaintiff's motion, the court finds that a temporary, non-prejudicial protective order is warranted in this matter. On September 22, 2014, Plaintiff filed a notice of his objections to the protective order proposed by Defendants. The parties shall confer concerning Plaintiff's objections to the proposed protective order and , on or before November 17, 2014, submit a joint proposed protective order for the court's consideration. No later than two weeks after the court's entry of a protective order, Defendants shall review their responses to those interrogatorie s and production requests that are the subject of Plaintiff's motion to compel and make such further or supplemental response as may be appropriate. With regard to any discovery requests to which Defendants assert there are no responsive docume nts or all responsive documents have been previously produced, Defendants shall respond by so stating. Additionally, if in response to any discovery requests related to interrogatories #21 and #24, Defendants object on the basis that disclosure of t he requested information would be unduly burdensome or expensive, Defendants shall provide the court with an affidavit or declaration from an appropriate official within Defendants' information technology department explaining the burden or expense involved. Signed by Magistrate Judge Kimberly A. Swank on 11/7/2014. (Tripp, S.)

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Search for this case: Fountain, Jr. d/b/a Eastbrook Apartments v. Zurich American Insurance Company, a New York corporation et al
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Defendant: Zurich American Insurance Company, a New York corporation
Represented By: Susan K. Burkhart
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Defendant: Maryland Casualty Company
Represented By: Susan K. Burkhart
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Plaintiff: Reginald M. Fountain, Jr. d/b/a Eastbrook Apartments
Represented By: David J. Pettinato
Represented By: Charles L. McLawhorn, Jr.
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