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Church Mutual Insurance Co. v. Smith

United States District Court, W.D. Kentucky, Louisville Division

March 20, 2018

CHURCH MUTUAL INSURANCE COMPANY, Plaintiff,
v.
VON SMITH, et al., Defendants.

          MEMORANDUM OPINION AND ORDER

          Colin Lindsay, Magistrate Judge.

         Before the Court is a Motion to Compel Rule 30(b)(6) Deposition of Intervenors (“Motion to Compel”) (DN 108) filed by plaintiff Church Mutual Insurance Company (“Plaintiff”). Intervening defendant Selective Insurance Company of America (“Selective Insurance”) filed a response (DN 114) and intervening defendant Brotherhood Mutual Insurance Company (“Brotherhood Mutual”) also filed a response (DN 115). Therefore, the Motion to Compel is ripe for review.

         I. BACKGROUND

         The Court has set forth the factual and procedural background in its memorandum opinion and order (DN 146) entered on March 20, 2018.

         With respect to this specific motion, at issue are the Rule 30(b)(6) depositions for Selective Insurance and Brotherhood Mutual noticed by Plaintiff. The topics to be covered in the 30(b)(6) depositions mirrored each other and included

1. The terms of any agency agreement(s) between [Selective Insurance / Brotherhood Mutual] and Claude Reynolds Insurance Agency (“CRIA”).
2. The terms of the agreements referenced in [Paragraph 9 of the August 21, 2015 Wesley Riley affidavit (DN 47-1) / Paragraph 9 of the August 26, 2015 Steven Smith affidavit (DN 48-1)].
3. [Selective Insurance / Brotherhood Mutual]'s procedure for agencies, such as CRIA, to have agents, such as defendant Von Smith (“Smith”), designated to sell their policies.
4. The type and scope of material that [Selective Insurance / Brotherhood Mutual] considers and defines as confidential, proprietary, and/or trade secret.
5. [Selective Insurance / Brotherhood Mutual]'s procedures for protecting information that it considers confidential, proprietary, and/or trade secret.
6. The breakdown of ownership of customer and potential prospect information between [Selective Insurance / Brotherhood Mutual] and CRIA.

(DN 109-8, 109-9.)

         II. DISCUSSION

         A. Brief summary ...


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