United States District Court, M.D. Louisiana
matters of civil proceeding filed in connection with the
Flood of 2016
RULING AND ORDER 
RICHARD L. BOURGEOIS, JR. UNITED STATES MAGISTRATE JUDGE.
before the Court is a Motion to Modify the Limited Scheduling
Order or for a Protective Order (R. Doc. 35). This motion is
one of many that were filed in several of the consolidated
cases arising out of the August 2016 flooding that occurred
in Baton Rouge, Louisiana and the surrounding areas
(collectively, the “Motions”). The Motions seek
modification of the Limited Scheduling Order that was issued
in the consolidated cases to prevent disclosure of
information regarding amounts plaintiffs have recovered from
governmental grant programs.
facilitate the implementation of a Limited Scheduling Order
in these matters, on March 29, 2018, the Court issued a
Notice and Order requiring all parties to submit a Joint
Status Report setting forth the following information: 1) the
types of documents the parties would request be exchanged,
e.g., receipts for repairs, repair estimates, claim file,
adjustments; 2) the proposed time period for such exchange;
3) any other limited discovery the parties feel would be
necessary at this preliminary stage that would apply to every
case, e.g., a limited number of interrogatories; 4) whether
there are other issues that would need to be resolved in the
early stages of the case, e.g., ripeness, jurisdictional
issues, etc.; and 5) any other matters the parties wish the
Court to consider when evaluating what should be included in
a Limited Scheduling Order. The March 29, 2018 Notice and
Order provides that, “Any disagreements should be noted
on the Joint Status Report.” Status Reports were
received and reviewed by the Magistrate Judges, who then
jointly prepared a Limited Scheduling Order to be issued in
all cases. The Limited Scheduling Order was issued on May 23,
2018 and provided deadlines for the parties to exchange
specific information and to exchange settlement offer demands
issue in the Motions is Paragraph 7(b) of the Limited
Scheduling Order, which requires plaintiffs to provide
“All documents reflecting any payments received on
account of the August 2016 flood to date from any insurer, or
any other federal, state or local governmental program,
including the United States Small Business Administration and
Restore Louisiana.” Specifically, the Motions seek an
order from the Court eliminating this requirement as it
relates to governmental award programs. The primary basis for
the Motions is that because the insurers would not be
entitled to an offset for amounts paid to the plaintiffs
through governmental programs, the information is not
relevant and that disclosure of such information will
effectively encourage the insurer defendants to underpay
13, 2018, the Court issued a Notice and Order requiring that
any response to the Motions be filed by no later than June
20, 2018. Responses were timely filed. An additional group of
plaintiffs filed a Response essentially joining the Motions.
Those plaintiffs additionally asserted that the current
language of the Limited Scheduling Order goes beyond what is
required by the Standard Flood Insurance Policy, which, those
plaintiffs argue, only allows for disclosure of whether other
monies were paid and, if the payor has an interest, the name
of that payor, but not specific amounts paid. Certain
defendants filed an Opposition to the Motions.
showing of “good cause” is necessary to support
both a modification of a scheduling order under Fed.R.Civ.P.
16(b)(4) and to support the issuance of a protective order
under Fed.R.Civ.P. Rule 26(c)(1). The movants have failed to
meet the good cause standard. The provision in question is
not one that was disputed when the Joint Status Reports
required by the Court were filed. In other words, all parties
in these approximately 1000 cases indicated to the Court, by
failure to indicate disagreement, that this provision was
agreed upon. Further, there is nothing in the Motions to
establish that there has been a change in circumstances since
the Joint Status Reports were filed that warrants
reconsideration of the provisions of the Limited Scheduling
Order. Of note is the fact that movants' attorneys agreed
to a substantially similar provision in Joint Status Reports
filed in a least six (6) of the consolidated cases:
Koosman v. Liberty Mut. Fire Ins. Co., No.
17-cv-183-BAJ-EWD (M.D. La. April 19, 2018), R. Doc. 33, p.
1, ¶3 (“All documents . . . reflecting any
payments . . . from any insurer … or any other
governmental program, federal, state, or local . . .
.”); Botos v. Hartford Ins. Co. of the
Midwest, No. 17-cv-495-BAJ-EWD (M.D. La. April 19,
2018), R. Doc. 37, p. 1, ¶3 (same); Jarrell v.
Wright Nat'l Flood Ins. Co., 17-cv-301-SDD-RLB (M.D.
La. April 19, 2018), R. Doc. 30, p. 5, ¶3 (same);
Slaughter v. Imperial Fire & Cas. Ins. Co., No.
17-cv-1652-SDD-EWD (M.D. La. April 19, 2018), R. Doc. 14, p.
1, ¶3 (same); Corley v. Gulfstream Prop. & Cas.
Ins. Co., No. 17-535-SDD-RLB (M.D. La. April 19, 2018),
R. Doc. 16, p. 1, ¶3 (same); Mistric v. Am.
Nat'l Prop. & Cas. Co., No. 17-539-BAJ-RLB (M.D.
La. April 19, 2018), R. Doc. 19, p. 1, ¶3
Court is also not satisfied that the information at issue
lacks relevance, thereby putting it beyond the scope of
discovery. The information the plaintiffs have been ordered
to provide pertains to payments received on the subject
property due to the August 2016 flood. In addition to a
dollar value of calculated damages, this information could
include how such payment was calculated and/or what damages
were included in reaching the payment amount- facts that are
central to the dispute in these cases.
IT IS HEREBY ORDERED that the Motion to
Modify The Limited Scheduling Order or For A Protective Order
(R. Doc. 35) is DENIED.
 This instant motion only pertained to
a portion of the consolidated cases. This Order applies to
any case seeking the same relief at issue in the
 Movants' counsel also signed the
Joint Status Report containing the same language in
Smiley v. New Hampshire Insurance Co.,
17-1094-JWD-EWD (M.D. La. April 19, ...