The Guardian Life Insurance Company of America v. Polmateer

What the order addressed

After a telephone conference with the parties, the court issued discovery, evidence-preservation, and sealing directives. The caption identifies Lloyd Polmateer and Sean Joiner as defendants.

Discovery orders

The court ordered the defendants to produce, by March 8, 2022, any Guardian client lists, client spreadsheets, and client data in their possession, custody, or control that responded to the plaintiff’s Requests for Production Nos. 1 through 5, filed at ECF No. 11-1.

By March 11, 2022, the defendants also had to produce any remaining responsive documents in their possession, custody, or control for the period from February 2 through February 28, 2022. The plaintiff had to file a letter by March 11 stating whether it intended to pursue production under Request No. 6 at that time and, if so, proposing a schedule for additional briefing.

Evidence preservation

Until further order, the defendants and persons acting with them—including officers, agents, employees, attorneys, and others in active concert or participation—were ordered to preserve all evidence relating to the matter, including computers, cell phones, and email accounts.

Sealing ruling

The court granted the plaintiff’s motion to seal at ECF No. 6. Applying the test identified in Lugosch v. Pyramid Co. of Onondaga, the court found that the proposed redactions and sealing requests were narrowly tailored to protect personal and sensitive business information. The clerk was requested to terminate the motion at ECF No. 8.

Result and significance

This was a procedural order concerning discovery, preservation, and access to court materials. It did not decide the underlying merits of the dispute. The order was signed by Stewart D. Aaron, United States Magistrate Judge.