Moos-Holling v. Bayer Corporation Disability Plan

Filing 55


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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: 12/29/08 SUSAN ILLSTON United States District Judge IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ROSALIE A. MOOS-HOLLING, v. Plaintiff, No. C 07-06240 SI ORDER RE: MEDICAL RECORDS BAYER CORPORATION DISABILITY PLAN, Defendant. / On December 19, 2008, the Court held a hearing on the parties' cross-motions for summary judgment. Plaintiff's counsel did not appear at the hearing. The administrative record in this case reflects that Dr. Gerald Goldberg considered the following documents in his peer review (BA 54-1): Dr. Mesem note - 11/17/2004 Dr. Fiscella narrative - 3/15/2005 Dr. Fiscella office notes - 10/2/2002 to 9/17/2004 It appears, however, that these documents are not part of the administrative record. The Court notes that defendant did not file Dr. Goldberg's report until October 31, 2008, the day dispositive motions were due, so plaintiff could not have made a discovery request for these documents. [Docket No. 25] At oral argument, the Court ordered defense counsel to confer with his client and determine whether the missing records can be obtained and provided to the Court. Defense counsel will file a letter by January 9, 2009 informing the Court whether he has been successful in locating the records.

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