Baker v. Bayer HealthCare Pharmaceuticals Inc.
Filing
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ORDER PERMITTING PARTIES TO FILE EXHIBITS TO JOINT DISCOVERY LETTER.. Signed by Judge Kandis A. Westmore on 09/18/14. (kawlc2S, COURT STAFF) (Filed on 9/18/2014)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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NICOLE BAKER,
Case No. 13-cv-00490-TEH (KAW)
Plaintiff,
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v.
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United States District Court
Northern District of California
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BAYER HEALTHCARE
PHARMACEUTICALS INC.,
ORDER PERMITTING PARTIES TO
FILE EXHIBITS TO THEIR JOINT
DISCOVERY LETTER
Re: Dkt. No. 58
Defendant.
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In compliance with the Court's General Standing Order, the parties in this case have
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omitted a number of exhibits to their joint discovery letter, Dkt. No. 58. Having reviewed the
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parties' filing, the Court agrees that the supplemental material may contain useful information.
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Accordingly, the parties may file the spreadsheet of call notes identified as MIR_Baker_6
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so that the Court has an opportunity to review whether the call notes at issue properly fall within
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the scope of Plaintiff's Request for Production No. 8, which is the request pursuant to which
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Plaintiff seeks all calls notes in Defendant's databases.
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The parties may also file the transcript from the August 14, 2013 MDL hearing before
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Judge Seibel in the Southern District of New York, and the order that describes the limitations the
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MDL court placed on the production of sales call notes in that action. To the extent that the
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transcript or the order reveal that production of sales call notes were identified to a particular
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plaintiff, the Court invites the parties to revisit why such an approach would not also be
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appropriate in this case.
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With respect to Defendant's request to file certain sales call notes under seal, Defendant
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may submit a separate motion that complies with Civil Local Rule 79-5, which governs motions to
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file documents under seal. Any sales call notes must be annotated to include the relevant HIPPA
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provision that applies to the specific information Defendant claims is protected.
Once the parties have filed these additional materials, the Court will determine whether a
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hearing is necessary to resolve this dispute or whether the matter is suitable for disposition without
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hearing pursuant to Civil Local Rule 7-1(b). The parties shall also lodge a courtesy copy of any
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papers filed on docket, as required by Civil Local Rule 5-1. Courtesy copies shall contain separate
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tabs for each exhibit, with relevant portions of any exhibit highlighted.
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IT IS SO ORDERED.
Dated: 09/18/14
______________________________________
KANDIS A. WESTMORE
United States Magistrate Judge
United States District Court
Northern District of California
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