United States District Court, N.D. Oklahoma
OPINION AND ORDER
H. McCarthy United States Magistrate Judge.
Second Motion to Compel Discovery, [Dkt. 52], is before the
undersigned United States Magistrate Judge for decision. The
matter has been fully briefed, [Dkt. 52, 59, 67], and is ripe
were injured in a roll over accident in a church van.
Defendant insured the van for liability,
uninsured/underinsured motorist (UM), and medical payments
(med-pay). Plaintiffs were insureds under the UM and med-pay
coverages. Plaintiffs allege that the Defendant violated its
duty of good faith and fair dealing toward them with respect
to the handling of their claims for UM coverage under the
seek an order compelling answers to the following discovery
INTERROGATORY NO. 11: Describe your
procedures for communicating the information on your website
- particularly the safety related information - to your
INTERROGATORY NO. 12: Identify all
individuals and/or entities that write the material on your
website, including but not limited to the Deacon's Bench
INTERROGATORY NO. 13: Describe the procedure
for selecting the topics for inclusion on your website.
REQUEST FOR PRODUCTION NO. 22: Produce all
claim files handled by Terri Christner in which either Rodney
Stewart or the law firm of Durbin Larimore & Bialick has
been retained. This request includes but is not limited to
the cases referenced by Mrs. Christner during her deposition.
For purposes of this Request for Production, personal
identification of the claimants/insureds may be redacted.
REQUEST FOR PRODUCTION NO. 24: Produce the
complete liability claim file for each of the Plaintiffs'
[Dkt. 52, pp. 10-12].
Nos. 11, 12, and 13
objects to the interrogatories on the basis that the
requested information and material concerning its website is
not relevant to any matter at issue. Plaintiffs argue that
the website materials warn and educate Defendant's
insureds about various safety topics and risk management
issues related to church ministries, including dangers of 15
passenger vans like the one involved in this case and dry rot
in old tires on infrequently driven vehicles. According to
Plaintiffs, these materials demonstrate Defendant's
knowledge of the topic and provide a template for what
Defendant should have considered in investigating their claim
which involved a fifteen passenger van with old tires.
discovery requests do not concern the content of the website.
Instead, the requests seek information about procedures for
communicating the information on the website, the identity of
the authors of the content, and how the content is selected.
None of these topics is relevant to Plaintiffs' claims.
The motion to compel is denied as to Interrogatories Nos. 11,
12, and 13.