Rheumatology Diagnostics Laboratory, Inc et al v. Blue Shield of California Life & Health Insurance Company

Filing 209

JOINT ORDER REGARDING DISCOVERY ISSUES HEARD ON NOVEMBER 21, 2014 re 207 Proposed Order. Signed by Judge William H. Orrick on 11/25/2014. (jmdS, COURT STAFF) (Filed on 11/25/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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RHEUMATOLOGY DIAGNOSTICS
LABORATORY, INC., et al.,

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Plaintiffs,
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vs.
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CALIFORNIA PHYSICIANS’ SERVICE d/b/a/ )
BLUE SHIELD OF CALIFORNIA, et al.,
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Defendants.
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Case No.: 3:12-cv-05847-WHO
JOINT ORDER REGARDING
DISCOVERY ISSUES HEARD ON
NOVEMBER 21, 2014

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JOINT ORDER REGARDING ISSUES HEARD ON NOVEMBER 21, 2014 3:12-CV-05847-WHO

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Pursuant to the Court’s November 18, 2014 Order (Dkt. No. 201), the Court heard argument

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on multiple discovery issues (Dkt. Nos. 193, 195, 197, 199, 205) on November 21, 2014. After

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considering the parties’ written and oral submissions, the Court orders:

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1. QDI will produce the following additional information/documents:
a. Final versions of the PowerPoints identified in items (1)-(3) of Plaintiffs’

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opening brief on the McKinsey issue (Dkt. No. 193). QDI may also provide

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a basis for additional redactions over which the parties will meet and confer.

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b. Full time-series of Fee Schedules 11, 66, and 70 from 2007 to the present.

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c. Data and documents sufficient to show prices, variable costs, fixed costs, and

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quantity for Quest’s top 100 tests in California from 2007 to the present.

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d. Documents sufficient to show accounts taken from Plaintiffs during the
relevant time period.
e. E-Account Reports showing pricing approvals for green, yellow, red, and
brown approvals in California during the relevant time period.
f. A full set of the P&Ls for the IPA accounts subject to the Court’s prior order.

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The parties will work together to identify any deficiencies in the time-series

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of the P&L’s produced pursuant to the order. Quest will look in the files,

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both custodian and central, most likely to have additional responsive

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information to address any such deficiencies.

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g. Documents sufficient to show profitability for the Aetna and Blue Shield of
California contracts.
2. QDI will produce the following deponents (but need not produce any documents for
these deponents):

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a. Gary McCabe.

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b. Tim Sharpe (deposition limited to four hours; QDI may submit additional

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documentation explaining why another deponent other than Tim Sharpe

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should be sufficient; Plaintiffs may submit additional information supporting

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their position).
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JOINT ORDER REGARDING ISSUES HEARD ON NOVEMBER 21, 2014 3:12-CV-05847-WHO

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3. Hunter will produce the following additional information/documents:

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a. Complete set of fee schedules.

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b. Native versions of the cash collections report.

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c. Income statements

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4. Plaintiffs will produce the following deponents:

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a. Hunter witness to discuss lost accounts (deposition limited to two hours).

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b. Hunter or Seacoast witness to discuss additional financial documents

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(deposition limited to two hours).

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c. RDL witness regarding lost accounts.

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5. All administrative motions to file under seal submitted in connection with these
discovery issues are GRANTED. (Dkt. Nos. 193, 197, 199).

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6. Remainder of motions denied.

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7. Both parties reserve their rights to seek additional discovery based on discovery taken

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pursuant to this order.

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Dated: November 25, 2014

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WILLIAM H. ORRICK

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United States District Judge

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JOINT ORDER REGARDING ISSUES HEARD ON NOVEMBER 21, 2014 3:12-CV-05847-WHO

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SIGNATURE ATTESTATION
I am the ECF User whose identification and password are being used to file the foregoing

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JOINT [PROPOSED] ORDER REGARDING DISCOVERY ISSUES HEARD ON NOVEMBER

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21, 2014. In compliance with General Order 45.X.B., I hereby attest that Plaintiffs’ counsel,

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Demetrius Lambrinos, has concurred in this filing.

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Dated: November 24, 2014

SIDLEY AUSTIN LLP

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By: /s/ Ryan M. Sandrock
Ryan M. Sandrock

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JOINT ORDER REGARDING ISSUES HEARD ON NOVEMBER 21, 2014 3:12-CV-05847-WHO