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Progressive Cas. Ins. Co. v. Delaney

United States District Court for the District of Nevada

May 19, 2014, Decided; May 20, 2014, Filed

Case No. 2:11-cv-00678-LRH-PAL



(Mot Compel — Dkt. #89)

This Amended Order corrects the court's previous Order (Dkt. #143) entered May 20, 2014, which erroneously attributed the publication Top Ten Best Practices of Predictive Coding to United States Magistrate Judge Andrew Peck. That publication was authored by Equivio, a company that has developed text analysis software for e-discovery.


This case is one of nine declaratory relief actions filed by Progressive in various federal district courts arising out of failed banks taken over by the FDIC as receiver. Progressive seeks a judicial declaration that its Directors & Officers Company Liability Insurance Policy for Financial Institutions issued to various failed banks and other named insureds does not provide coverage for lawsuits the FDIC-R has initiated against former directors, officers and employees of the failed banks. Progressive asserts that its insured versus insured exclusion and a "loan loss carve out" from the definition of loss in the policy precludes coverage of the FDIC-R's claims. This action involves the failure of Sun West Bank.

The parties submitted a Joint Proposed ESI Protocol (Dkt. #65), which the court approved in an  [*3] Order (Dkt. #67) entered October 24, 2013. As a result of the court-approved ESI protocol, Progressive's ESI vendor collected approximately 1.8 million ESI documents from the following sources:

• Department Shares on Progressive's managing general agent, ABA Insurance Services, Inc. ("ABAIS") servers: (1) PLGMARKETING; (2) PLGPRODUCT; (3) PLGTEMPLATES; (4) PLG SHARED; (5) Compliance & Licensing; (6) PLGCLAIMS; and (7) PLGUNDERWRITING;

• User Shares, User Desktops/My Documents, and/or Exchange Mailboxes on ABAIS's servers for thirty-eight custodians; and

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2014 U.S. Dist. LEXIS 69166 *; 2014 WL 3563467


Subsequent History: As Corrected July 21, 2014.

As Amended July 18, 2014.

Prior History: Progressive Cas. Ins. Co. v. Delaney, 2012 U.S. Dist. LEXIS 80254 (D. Nev., June 6, 2012)


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