Almer v. Peanut Corporation of America

Filing 582

Almer v. Peanut Corporation of America

Doc. 582

September 11, 2006

Honorable Donovan W. Frank Warren E. Berger Federal Building 316 N. Robert Street Suite 700 St. Paul, Minnesota 55101 Re: In Re Guidant Corp. Implantable Defibrillators Products Liability Litigation MDL No. 1708 (DWF/AJB) David Atchison vs. Guidant Corp., et al. Case No. 06-0043 Notice of Withdrawal of Defendants' First Motion to Compel Production of Completed Plaintiff Fact Sheets and Executed Medical Records Authorizations Dear Judge Frank:

Timothy A. Pratt 2555 Grand Blvd. Kansas City Missouri 64108-2613 816.474.6550 816.421.5547 Fax [e-mail]

On September 1, 2006, defendants Guidant Corporation, Guidant Sales Corporation and Cardiac Pacemakers, Inc. ("defendants") electronically filed their First Motion to Compel Production of Completed Plaintiff Fact Sheets and Executed Medical Records Authorizations ("Motion to Compel") as to 18 plaintiffs because those plaintiffs had not produced completed plaintiff fact sheets and/or provided properly executed medical records authorizations. Plaintiff David Atchison was included on the Motion to Compel because he had not provided a properly executed medical records authorization despite three written requests to do so from defendants. Plaintiff has now provided a properly executed medical authorization for defendants' use in obtaining medical records in this case. Counsel for the parties have discussed this motion and the defendants agreed to withdraw the Motion to Compel as to plaintiff David Atchison. Accordingly, and after receiving permission to file this letter, defendants respectfully withdraw their First Motion to Compel Production of Completed Plaintiff Fact Sheets and Executed Medical Records Authorizations as to plaintiff David Atchison. Respectfully submitted, By: /s/ Timothy A. Pratt
Geneva

cc:

MDL Plaintiffs' Lead Counsel and Plaintiff's Individual Counsel (via electronic filing notification)

Houston Kansas City London Miami Orange County Overland Park San Francisco Tampa Washington, D.C.

133780v1

Dockets.Justia.com