Rigsbys seek Order compelling State Farm to completely and promptly produce all 8000 “late-disclosed documents”

On January 14, 2011, more than a year after responses to Relators’ first document requests were due and more than six months after the close of discovery, State Farm disclosed the existence of another 8,000 pages of documents in three boxes labeled “McIntosh Zone Litigation File.” These Documents had been “discovered” in the office of Terry Blaylock, State Farm’s 30(b)(6) witness who was designated specifically to testify on matters related to State Farm’s document production and document retention practices.

State Farm acknowledges that the Documents were “brought . . . to the attention of the State Farm corporate legal department in December 2010” but the existence of the Documents was not disclosed to Relators at that time. Despite the fact that a hearing related to dispositive motions and trial scheduling was to occur on January 12, 2011 and despite the fact that State Farm was taking depositions in this case during the last week of December and the first week of January, State Farm chose not to disclose these Documents to the Relators or this Court. Instead, on January 14, 2011, two days after oral argument, State Farm gave Relators a three-line privilege log that identified these 8,000 pages of Documents simply as “Zone litigation file for
McIntosh claim.”

The January 14 “privilege log” in its entirety provides as follows:

As the Rigsbys point out, “…The “log” contained no description of any of the individual Documents, did not identify by whom the Documents were created or collected, did not identify to whom the Documents were addressed or distributed, and failed to identify any privilege or other protection applicable to any such document”. (Relators’ Memorandum in Support of Their Motion for an Order to Compel Complete and Prompt Production of Late-Disclosed Documents in Scribd’ format below) Continue reading “Rigsbys seek Order compelling State Farm to completely and promptly produce all 8000 “late-disclosed documents””

“My letter writing addiction escalates daily, and I fear it may soon interfere with my routine drinking.”

Anyone else remember Will Hertes and his prank letter website? Those that do will understand why I almost spit my coffee this morning reading Sock’s last comment and how profoundly early internet innovators such as the gentleman behind the Will Hertez handle influenced me and thus what you see at Slabbed today, 12 years after Will’s hayday.

From the mailbag: Stupid is as stupid does part deux. Angela Rouse of the Kansas City Star would like a word with the Slabbed Nation. A Guest Post.

A Slabbed reader comment by Angela Rouse:

I was forwarded the link to your site, specifically the one that references my name . . . “stupid is as stupid does” by a friend who felt she had hit a Google landmine.

I suppose it is easy to write stuff like that when you don’t actually have to sign a name to it.

Anyway, because my post you address is no longer accessible, I have copied it below for you to post if you choose to give your readership the benefit of actually reading what you critique with such vehemence.

And, for the record, I grew up in Louisiana, and am extremely sensitive to the travails of life there during and after Hurricane Katrina. Continue reading “From the mailbag: Stupid is as stupid does part deux. Angela Rouse of the Kansas City Star would like a word with the Slabbed Nation. A Guest Post.”