Nagy v. Group Long Term Disability Plan For Employees of Oracle America, Inc. et al

Filing 79

ORDER REGARDING SELECTION OF AN INDEPENDENT EXPERT. Signed by Judge Haywood S. Gilliam, Jr. on 9/14/2015. (ndrS, COURT STAFF) (Filed on 9/14/2015)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DAVE NAGY, Case No. 14-cv-00038-HSG Plaintiff, 8 v. ORDER REGARDING SELECTION OF AN INDEPENDENT EXPERT 9 10 11 GROUP LONG TERM DISABILITY PLAN FOR EMPLOYEES OF ORACLE AMERICA, INC., et al., United States District Court Northern District of California Defendants. 12 13 In this action, Dave Nagy seeks long term disability benefits due to the symptoms of 14 Chronic Fatigue Syndrome (“CFS”), which he claims renders him totally disabled under the 15 ERISA plan administered by the Defendants. Determining whether a claimant is disabled due to 16 the symptoms of CFS is a task that has vexed many courts. This is because “[t]here is no blood 17 test or other objective laboratory test for chronic fatigue syndrome.” Salomaa v. Honda Long 18 Term Disability Plan, 642 F.3d 666, 676 (9th Cir. 2011). Instead, “[t]he standard diagnosis 19 technique for [CFS] includes testing, comparing symptoms to a detailed Centers for Disease 20 Control list of symptoms, excluding other possible disorders, and reviewing thoroughly the 21 patient’s medical history.” Id. While there is no dispute that Nagy has been diagnosed with CFS, 22 the administrative record in this case contains little to no expert opinion on whether the severity of 23 Nagy’s CFS-related symptoms render him unable to work. 24 Accordingly, pursuant to the authority recognized by the Ninth Circuit in Muniz v. Amec 25 Construction Management, Inc., 623 F.3d 1290, 1294 (9th Cir. 2010), the Court finds that the 26 retention of an independent expert to evaluate Nagy’s functional capacity is warranted. The 27 parties are directed to meet and confer regarding the potential experts and file a stipulation 28 agreeing to an expert by no later than 21 days from the date of this order. If no agreement can be 1 reached, the parties must each file a brief of no more than five pages by the same deadline. Briefs 2 must propose an expert for the court to consider, disclose why the parties could not agree on a 3 single expert, and explain why the party’s proposed expert should be selected. 4 5 IT IS SO ORDERED. Dated: 9/14/2015 6 ________________________ HAYWOOD S. GILLIAM, JR. United States District Judge 7 8 9 10 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?