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Debra J. Eisner v. the Prudential Insurance Company of America

May 3, 2013

DEBRA J. EISNER, PLAINTIFF,
v.
THE PRUDENTIAL INSURANCE COMPANY OF AMERICA,
DEFENDANT.



ORDER RE: JOINT DISCOVERY LETTER DATED APRIL 15, 2013 Re: Dkt. No. 33

United States District Court Northern District of California

Before the court is the parties' joint discovery letter dated April 15, 2013. ECF No. 33.*fn1

The issues presented by the letter are suitable for determination without a hearing See Civil L.R. 15 7-1(b). 16

The disputed discovery falls into two categories: requests for the production of documents, 17 and notices of deposition pursuant to Federal Rule of Civil Procedure 30(b)(6). Having 18 considered the arguments made and the authorities cite in the parties' joint letter, and good cause 19 appearing, the court now rules as follows: 20

DOCUMENT REQUESTS*fn2

1. The Group Disability Insurance Policy

In this category, Plaintiff requests that Prudential produce the following documents:

The group disability policy and all riders, amendments and interpretive memoranda, and the underwriting file pertaining to the group disability policy issued to Ms. Eisner's former employer.

As to this category, Defendant states that it has produced all such documents with its Initial

Disclosures. Plaintiff "does not quarrel with Prudential's position that it has produced the 3 requested documents," but nonetheless "requests that Prudential's stated position be made as a 4 binding representation under a Court order." 5

It is not clear to the court what relief the Plaintiff is requesting. The Court assumes that Defendant responded to Plaintiff's document requests in writing and in the proper format, see, e.g., Schwarzer, Cal. Prac. Guide Fed. Civ. Pro. Before Trial Ch. 11(IV)-C ¶ 11:1907 (looseleaf 2013), 8 and confirmed therein that it had produced all documents in its possession. If Defendant has done 9 so, nothing further is required. If Defendant has not done so -- because its response is contained 10 only in written correspondence, for example -- it is ordered to do so within five court days of this 11 order. 12

2. Prudential's Claims Manuals and Guidelines

In this category, Plaintiff requests that Prudential produce the following documents: Prudential's claims manual and other guidelines pertaining to disability claims, including but not limited to documents and information regarding claims involving fibromyalgia. All documents and information pertaining to Prudential's "self- reported" claims limitation.

18 responsive to this category, and will produce to plaintiff the categories she selects from that Table 19 of Contents, upon agreement to a protective order. Plaintiff requests that the court order that 20

Prudential produce the Table of Contents within five days, and that Prudential produce the 21 requested portions documents within five days of plaintiff's ...


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