MILLER v. ALLSTATE FIRE & CASUALTY INSURANCE COMPANY

Justia Dockets & Filings Third Circuit Pennsylvania Western District MILLER v. ALLSTATE FIRE & CASUALTY INSURANCE COMPANY

MILLER v. ALLSTATE FIRE & CASUALTY INSURANCE COMPANY

Plaintiff:	JASON S. MILLER
Defendant:	ALLSTATE FIRE & CASUALTY INSURANCE COMPANY
Case Number:	3:2007cv00260
Filed:	October 10, 2007
Court:	US District Court for the Western District of Pennsylvania
Office:	Johnstown Office
County:	Blair
Presiding Judge:	Kim R. Gibson
Nature of Suit:	Insurance
Cause of Action:	28 U.S.C. § 1332 Diversity-Insurance Contract
Jury Demanded By:	Both

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Date Filed	Document Text
March 17, 2009	Filing 40 MEMORANDUM OPINION AND ORDER granting in part and denying in part 32 Motion to Amend/Correct. The Court hereby enforces the Subpoena served upon Perspective Consulting, Inc. on or about 2/25/2008. However, the Court also recommends that the partie s file an appropriate proposed protective order in accordance with the Court's Opinion regarding privacy, and limitations to this litigation, as detailed above. The Court did not find any justifiable evidence that Plaintiff was conducting this discovery for the malevolent purpose of harming Perspective's reputation. Furthermore, given the entire context of the case, the Court orders that as to Document Request 1, half of the costs of production should be shifted to Miller. As to Doc ument Requests 8, 9 and 10, all costs for the desired production shall be shifted to Miller; however, prior to such production and the consequent shifting of costs, the parties must agree upon a cost-efficient method of production, and as more fully stated in said Memorandum Opinion. Signed by Judge Kim R. Gibson on 3/17/2009. (dlg)
March 5, 2009	Filing 38 MEMORANDUM OPINION and ORDER denying 2 Motion to Strike; 4 Motion to Dismiss is denied, without prejudice to readdress these issues at summary judgment stage, and as more fully stated in said Memorandum Opinion. Signed by Judge Kim R. Gibson on 3/5/2009. (dlg)

Date Filed

Document Text

March 17, 2009

Filing 40 MEMORANDUM OPINION AND ORDER granting in part and denying in part 32 Motion to Amend/Correct. The Court hereby enforces the Subpoena served upon Perspective Consulting, Inc. on or about 2/25/2008. However, the Court also recommends that the partie s file an appropriate proposed protective order in accordance with the Court's Opinion regarding privacy, and limitations to this litigation, as detailed above. The Court did not find any justifiable evidence that Plaintiff was conducting this discovery for the malevolent purpose of harming Perspective's reputation. Furthermore, given the entire context of the case, the Court orders that as to Document Request 1, half of the costs of production should be shifted to Miller. As to Doc ument Requests 8, 9 and 10, all costs for the desired production shall be shifted to Miller; however, prior to such production and the consequent shifting of costs, the parties must agree upon a cost-efficient method of production, and as more fully stated in said Memorandum Opinion. Signed by Judge Kim R. Gibson on 3/17/2009. (dlg)

March 5, 2009

Filing 38 MEMORANDUM OPINION and ORDER denying 2 Motion to Strike; 4 Motion to Dismiss is denied, without prejudice to readdress these issues at summary judgment stage, and as more fully stated in said Memorandum Opinion. Signed by Judge Kim R. Gibson on 3/5/2009. (dlg)

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Plaintiff: JASON S. MILLER
Represented By:	Joseph J. Nypaver
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Defendant: ALLSTATE FIRE & CASUALTY INSURANCE COMPANY
Represented By:	David J. Obermeier
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