KARI A. DOOLEY, District Judge.
The procedural and factual nature of this coverage dispute is well-known to all parties at this juncture. By motion to compel, the Plaintiff challenges the adequacy of the Defendant's answers to certain Interrogatories and Requests for Production.
With respect to the Interrogatories, the Plaintiff seeks an order from the Court requiring the Defendant to identify within its document production the specific documents from which the answer to the Interrogatory might be gleaned. The Defendant asserts that it has adequately complied with its obligations under Rules 33. "Under Federal Rule of Civil Procedure 33(d), the responding party may answer an interrogatory by producing business records if . . .: (1) the interrogating party can determine the answer to the interrogatory by `examining, auditing, compiling, abstracting or summarizing' the business records; (2) `the burden of deriving or ascertaining the answer will be substantially the same for either party'; (3) the responding party `specifies the records that must be reviewed, in a sufficient detail to enable the interrogating party to locate and identify them as readily as the responding party could'; and, (4) the responding provides the interrogating party with `a reasonable opportunity to examine and audit the records and to make copies, compilations, abstracts, or summaries.'" Sadofsky v. Fiesta Prod., LLC, 252 F.R.D. 143, 147 (E.D.N.Y. 2008) (quoting Fed. R. Civ. P. 33(d)). Rule 33(d) shifts the burden of compiling the information and ascertaining the answer to an Interrogatory from the producing party to the interrogating party. Compagnie Francaise d'Assurance Pour le Commerce Exterieur v. Phillips Petroleum Co., 105 F.R.D. 16, 44 (S.D.N.Y. 1984). Here, the Plaintiff's Interrogatories are extremely broad, so it should come as no surprise that the documents which contain the responsive information are located within a trove of documents. However, the Defendant has identified with specificity the range of documents at issue by Bates Number. This is sufficient. Phoenix Four, Inc. v. Strategic Res. Corp., No. 05 Civ. 4837, 2006 WL 1517583, at *3 (S.D.N.Y. June 2, 2006) (holding that plaintiff could answer defendant's interrogatory by identifying by Bates numbers the documents already produced and stating which Bates numbers corresponded to the relevant documents). The Court further notes that the documents were produced in a searchable format, rendering the information equally accessible to the Plaintiff as it is to the Defendant. See, e.g., Myer v. Miriam Collins-Palm Beach Labs. Co., No. 85-3457, 1985 WL 3275, at *4 (E.D.Pa. Oct. 24, 1985) (denying plaintiff's motion to compel because defendant's offer to produce documents ranging from 1980 to 1982 was an adequate response to the interrogatories). With this in mind, the Court addresses each interrogatory and request for production in turn.
The motion to compel further information is
The motion to compel further information is
The motion to compel is
The motion to compel is
The motion to compel is
Regarding the Request for Production, the Plaintiff first asserts that the document production does not adequately label or identify the records produced. For the reasons set forth above, the documents, produced in ESI and in searchable format, are adequately accessible and useable by the Plaintiff. However, the Court agrees that additional information should be provided to the extent it has not already been provided. The Defendant shall, on or before April 22, 2019, provide a "Table of Contents" or similarly-structured document which identifies for the Plaintiff the content and location of the various category of documents contained in the document production. The Court does not require a document-by-document description, but rather a description that mirrors the titles, labels, or file folders used by the Defendant in the creation and storage of its business records. See Fed. R. Civ. P. 34.
The Motion to Compel is
Subject to the above order, the motion to Compel is
The Motion to Compel is
The Motion to Compel is
Finally, regarding the Motion for Payment of Expert Fees, on or before April 22, 2019, the Defendant shall either pay the invoices in full or file a request for determination of reasonable expert fees.