Archive: July 10, 2008

1
Court Grants Protective Order and Prevents Plaintiff from Inquiring About “Storage, Preservation and Backup of Emails” in Defendants’ Rule 30(b)(6) Depositions

Court Grants Protective Order and Prevents Plaintiff from Inquiring About “Storage, Preservation and Backup of Emails” in Defendants’ Rule 30(b)(6) Depositions

Cunningham v. Standard Fire Ins. Co., 2008 WL 2668301 (D. Colo. July 1, 2008)

In this case arising out of a homeowner’s insurance claim, defendants sought a protective order to prevent plaintiff from inquiring into various topics during defendants’ Rule 30(b)(6) depositions.  One topic was to be:  “Knowledge concerning the storage, preservation and backup of emails relating to claims authored or received by Susan Yeckley, Gilbert Friedmann and Alice Barron as well as any other adjusters who handled Plaintiff’s claims.”

Defendants argued that the information sought in this topic was irrelevant to whether defendants breached plaintiff’s insurance policy or acted in bad faith while adjusting his claim.  Defendants further stated that, to their knowledge, "all emails between Plaintiff and [Defendants] have been disclosed.”

Read More

Copyright © 2018, K&L Gates LLP. All Rights Reserved.