United States District Court, D. Nevada
ORDER (Docket No. 18)
J. KOPPE United States Magistrate Judge
before the Court is Plaintiff's motion for production of
unredacted claims notes pursuant to Rule 612 of the Federal
Rules of Evidence, and for sanctions. Docket No. 18.
Defendant filed a response in opposition and a
counter-request for sanctions, and Plaintiff filed a reply.
Docket Nos. 19-20. The unredacted claims notes were submitted
for the Court's in camera review. A complete copy
of the deposition transcript at issue was filed. Docket No.
23. A privilege log was filed. Docket No. 26. The Court held
a hearing on the motion on April 16, 2018. Docket No. 29;
see also Hearing Rec. (4/16/2018) at 2:02-2:30
an insurance dispute regarding Plaintiff's attempt to
recover from Defendant for a claim under his underinsured
motorist policy. See Docket No. 1-1 at ¶¶
7-12. More specifically, Plaintiff alleges that he suffered
severe, life-long injuries as a result of a motor vehicle
collision and that Defendant unreasonably refused to pay the
fair value of his claim. See Id. Plaintiff brings
causes of action for breach of contract, bad faith, and
violation of Nevada's Unfair Trade Practices Act. See
id. at ¶¶ 14-32.
McCabe is the claims handler responsible for Plaintiff's
claim that is the subject of this litigation. See
Docket No. 18 at 2. Defendant has already produced a redacted
version of the claims file, see id., but redacted
parts of the claims notes on the basis of attorney-client
privilege and attorney work-product protection, see
Docket No. 19 at 2. At his deposition, Mr. McCabe testified
about using the claims file to refresh his recollection prior
Q: You also testified, Mr. McCabe, that you reviewed your
file in preparation for your deposition today?
Q.: Did that refresh your recollection?
A.: Somewhat so, yeah.
Q.: Okay. Did you review the claim notes in preparation for
your deposition today?
Q.: Did reviewing all of the entries in your claim notes
refresh your recollection to testify today?
A.: I would say so, yeah.
Q.: When did you conduct that review of your file?
A.: A little bit at defense counsel yesterday and then a
little bit more last ...