Baker v. Bayer HealthCare Pharmaceuticals Inc.

Filing 59

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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 NICOLE BAKER, Case No. 13-cv-00490-TEH (KAW) Plaintiff, 8 v. 9 10 United States District Court Northern District of California 11 BAYER HEALTHCARE PHARMACEUTICALS INC., ORDER PERMITTING PARTIES TO FILE EXHIBITS TO THEIR JOINT DISCOVERY LETTER Re: Dkt. No. 58 Defendant. 12 13 In compliance with the Court's General Standing Order, the parties in this case have 14 omitted a number of exhibits to their joint discovery letter, Dkt. No. 58. Having reviewed the 15 parties' filing, the Court agrees that the supplemental material may contain useful information. 16 Accordingly, the parties may file the spreadsheet of call notes identified as MIR_Baker_6 17 so that the Court has an opportunity to review whether the call notes at issue properly fall within 18 the scope of Plaintiff's Request for Production No. 8, which is the request pursuant to which 19 Plaintiff seeks all calls notes in Defendant's databases. 20 The parties may also file the transcript from the August 14, 2013 MDL hearing before 21 Judge Seibel in the Southern District of New York, and the order that describes the limitations the 22 MDL court placed on the production of sales call notes in that action. To the extent that the 23 transcript or the order reveal that production of sales call notes were identified to a particular 24 plaintiff, the Court invites the parties to revisit why such an approach would not also be 25 appropriate in this case. 26 With respect to Defendant's request to file certain sales call notes under seal, Defendant 27 may submit a separate motion that complies with Civil Local Rule 79-5, which governs motions to 28 file documents under seal. Any sales call notes must be annotated to include the relevant HIPPA 1 2 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 3 hearing is necessary to resolve this dispute or whether the matter is suitable for disposition without 4 hearing pursuant to Civil Local Rule 7-1(b). The parties shall also lodge a courtesy copy of any 5 papers filed on docket, as required by Civil Local Rule 5-1. Courtesy copies shall contain separate 6 tabs for each exhibit, with relevant portions of any exhibit highlighted. 7 8 9 10 IT IS SO ORDERED. Dated: 09/18/14 ______________________________________ KANDIS A. WESTMORE United States Magistrate Judge United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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