Federal Insurance Company v. Tungsten Heavy Powder & Parts, Inc.

BACKGROUND

19 This is an insurance coverage dispute concerning Defendants’ claim for loss of business income under a commercial insurance policy. (ECF No. 1). The current motion concerns a non-party’s request for attorney’s fees against Plaintiff pursuant to Fed. R. Civ. P. 37(a)(5)(B). (ECF No. 70). The non- party, General Dynamics Ordnance and Tactical Systems (“GD-OTS”) seeks fees against Plaintiff Federal Insurance Company (“FIC”) based on this Court’s July 18, 2022 denial of FIC’s motion to compel deposition testimony from GD-OTS. (ECF No. 53). Discovery closed on May 16, 2022, and dispositive motions are now pending. (ECF No. 19). Toward the end of discovery, Plaintiff served a subpoena for deposition testimony on GD-OTS, which is one of Defendants’ largest customers. Plaintiff was seeking testimony from an organization representative pursuant to Rule 30(b)(6). (ECF NO. 53). When GD-OTS communicated to Plaintiff that it was unwilling to appear for a deposition based on several objections it had to the subpoena, Plaintiff filed a motion to compel in this Court where the underlying action is pending. …