The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
ORDER REGARDING PLAINTIFFS' MOTION TO COMPEL FURTHER DISCOVERY RESPONSES TO SPECIAL REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE
Plaintiffs GBTI, Inc., Gill Bros. Trucking, Harninder Gill, Harjinder Gill, Charan Gill, Pakhar Gill and Gurdial Gill ("Plaintiffs") filed the instant motion to compel further discovery responses on June 14, 2010. The matter was heard on July 16, 2010, before the Honorable Dennis L. Beck, United States Magistrate Judge. Monrae English appeared on behalf of Plaintiffs. Jay Christofferson appeared on behalf of Defendant Insurance Company of the State of Pennsylvania ("ICSOP").
Plaintiffs filed the instant action on May 29, 2009, in Fresno County Superior Court. On July 2, 2009, Defendants ICSOP and The American International Group Inc. dba The Truck Insurance Group, a Division of American International Group Risk Management ("Truck") removed the action to this Court.
According to the Complaint, in December 2004, Defendants issued to Plaintiff GBTI, Inc. a commercial automobile liability policy for the period of December 15, 2004 to December 15, 2005 (No. SFT407243601) ("Auto Policy") and a commercial general liability policy for the period of December 30, 2004 to December 30, 2005 (No. SGL1807103) ("CGL Policy"). In December 2004, Defendants also issued a commercial general liability policy to Gill Bros. Trucking (No. SGL1807105) for the period from December 30, 2004 to December 30, 2005.
On August 14, 2005, a commercial tractor-trailer unit owned by Gill Bros. Trucking and operated by GBTI, Inc. was involved in a multi-vehicle accident in Missouri. After the accident, there was a consolidated personal injury action in the Western District of Missouri, Case No. 4:06-cv-00286 (the "Nosker Lawsuit"). In March 2007, Plaintiffs made a formal tender of defense and indemnity of GBTI, Inc. to Defendants. ICSOP defended GBTI, Inc. and Gill Bros. Trucking in the Nosker Lawsuit, and paid $750,000 in contribution to settlement of the underlying case. ICSOP did not defend the individual Gill brothers under either policy and they were forced to retain private counsel.
The Complaint asserts causes of action for breach of contract and breach of the implied covenant of good faith and fair dealing. Plaintiffs seek general, consequential and punitive damages.
On July 29, 2009, the Court (1) dismissed Defendant Truck from the action; (2) struck allegations in the complaint addressing Gill Bros. Policy no. SGL1807105; and (3) struck the punitive damages allegations, including paragraph 39 and the punitive damages prayer at page 9, line 26.
On June 14, 2010, Plaintiffs filed the instant motion compel further discovery responses from ICSOP. The parties filed an incomplete joint statement on July 9, 2010, which was re-filed on July 12, 2010.
At issue are responses to Plaintiffs' Special Interrogatories, Set One, and Request for Production of Documents, Set Two. Plaintiffs served their discovery requests on February 23, 2010. ICSOP responded with objections to Interrogatory No. 2 and Request for Production Nos. 9, 12, 16-18, 20-21, 23 and 26.
Between April and June 2010, the parties exchanged correspondence regarding discovery issues. Exhibits F-J to Joint Statement. On June 30 and July 7, 2010, the parties conferred telephonically and resolved several of the issues. Thereafter, ICSOP served supplemental responses. Exhibits M and N to Joint ...