Bhrahmani 1 LLC v. AmGUARD Ins. Co.
Bhrahmani 1 LLC v. AmGUARD Ins. Co.
2023 WL 3664651 (W.D. La. 2023)
March 8, 2023
Cain Jr., James D., United States District Judge
Summary
The Court ordered the parties to produce ESI, such as the insurance claim file, information relating to a re-inspection of the Property, and the expert report incorporating information related to the re-inspection of the Property, in order to resolve the dispute between Plaintiff and AmGUARD. The Court also denied Plaintiff's motion to compel and the request for attorney's fees and costs.
Additional Decisions
BHRAHMANI 1 LLC
v.
AMGUARD INSURANCE CO
v.
AMGUARD INSURANCE CO
CASE NO. 2:21-CV-02562
United States District Court, W.D. Louisiana, Lake Charles Division
Signed March 08, 2023
Counsel
Mary Kate Taliancich, Calsie M. Boyd, Pro Hac Vice, Galen M. Hair, Lori Allen Waters, Rene Charles Gautreaux, Thomas Lee Myers, Trent Jared Moss, Hair Shunnarah Trial Attorneys, Metairie, LA, for Bhrahmani 1 LLC.Laurence D. LeSueur, Jr., John Walter Joyce, Lance William Waters, Barrasso Usdin et al., New Orleans, LA, for AmGUARD Insurance Co.
Cain Jr., James D., United States District Judge
MEMORANDUM ORDER
*1 Before the Court is Plaintiff's Motion to Compel Discovery Responses and Responsive Documents (Doc. 17), wherein Bhrahmani 1 LLC d/b/a MORE 4 LE$$ #2 moves the Court to order Defendant, AmGUARD Insurance Company (“AmGUARD”), to respond to Plaintiff's Interrogatories and Requests for Production of Documents. Amguard opposes the motion. Doc. 20. Plaintiff has replied. Doc. 21.
This diversity action arises from insurance coverage dispute that stems from damages caused by Hurricane Laura to Plaintiff's property located at 1310 N Martin Luther King Hwy., Lake Charles, Louisiana 70601-2051 (“Property”) on August 27, 2020. Doc. 1., p. 2. AmGUARD provided a policy of insurance, number BHBP088505 (“Policy”), to Plaintiff, which covered the Property against perils including hurricanes and provided the following coverages: $2,500 for awnings coverage; $946,400 for building coverage; $230,000 for business personal property coverage; $10,000 for debris removal; $10,000 for ordinance and law. Id. Plaintiff reported the loss to AmGUARD, who assigned it claim number BHBP088505-001-001-001. Id. On September 8, 2020, AmGUARD retained Engle Martin & Associates, who inspected the Property. Id. at 3; doc. 14, p. 5. On November 11, 2020, Plaintiff retained Complete Adjusting Services, LLC (“CAS”), which inspected the Property. Doc. 1., p. 3. On November 20, 2020, Plaintiff sent a demand letter to AmGUARD to release unconditional tenders. Id. at 4; doc. 14, p. 6. On August 8, 2021, Plaintiff filed suit in this Court alleging claims for damages under breach of insurance contract, bad faith claims adjusting, and other bad acts, including penalties, under Louisiana Revised Statutes sections 22:1892 and 22:1973. Doc. 1., p. 6–7. Defendant's expert name and report deadline is March 8, 2023. Doc. 16, p. 2. the dispositive motions deadline is March 23, 2023. Id. The motion to compel, Daubert motion, and motions in limine deadline is April 24, 2023. Id.
Here, Plaintiff claims that AmGUARD has failed to produce and supplement the insurance claim file in its entirety as required by the Case Management Order (“CMO”). Doc. 17-1, p. 6. Additionally, Plaintiff argues that AmGUARD has neither produced information relating to a re-inspection of the Property nor the expert report incorporating information related to the re-inspection of the Property. Id. at 7. AmGUARD responds that it is not required to make expert disclosures until March 8, 2023, and, consequently, its production of expert materials on March 8 will moot this motion. Also, AmGUARD contends out that the Plaintiff did not comply with Rule 37 in bringing this motion. Plaintiff replied that it attempted to confer with AmGUARD on February 15, 2023, to no avail. The parties shall confer in good faith and conduct a Rule 37 Conference after AmGUARD's March 8 Deadline. Thereafter, if Plaintiff has not received the necessary discovery, it can resubmit a motion to compel at that time.
IT IS ORDERED that Plaintiff's Motion to Compel Discovery Responses and Responsive Documents (Doc. 17) be DENIED.
*2 IT IS FURTHER ORDERED that the parties conduct a Rule 37 Conference between March 9, 2023, and March 16, 2023.
IT IS FURTHER ORDERED that the request for attorney's fees and costs is DENIED.
THUS DONE AND SIGNED in Chambers on this 8th day of March 2023.