Summary
holding that "[c]ommunications with counsel made concerning the investigation and consideration of Plaintiff's appeal, before the litigation commenced, constituted pre-decisional legal advice about the administration of the plan
Summary of this case from Wit v. United Behavioral HealthOpinion
Civil No. 05cv1883-JM (CAB).
November 6, 2006
On November 6, 2006, the Court held a telephonic discovery conference on Plaintiff's motion to compel further discovery responses. Susan Horner, Esq., appeared for Plaintiff. Michael Bernacchi, Esq., appeared for Defendant. Having considered the submissions of the parties and the arguments of counsel, the Court orders as follows.
I. Plaintiff's Motion to Compel
1. Defendant shall produce the files of Dr. James Lewis regarding the claim at issue, and/or the death of Mr. Neathery, no later than November 17, 2006.
2. Defendant shall produce the Table of Contents and Index pages from the LINA claims manuals no later than November 17, 2006. After her review of the Table of Contents and Index pages, Plaintiff may renew the request for specific portions of the manuals she believes relevant to this litigation. If Defendant has no further objection, the requested pages will be produced to Plaintiff for "attorneys' eyes only." If Defendant has further objections to production of the requested portions of the manuals, the parties shall promptly contact the chambers to schedule a discovery conference.
3. Defendant shall produce the curriculum vitae and fee information for Dr. Lewis no later than November 17, 2006.
4. Defendant shall provide Plaintiff with a summary document setting forth the number of times Dr. Lewis was retained for a claims evaluation by Defendant in the past five years and the amount of fees he received for these retentions.
5. Plaintiff's motion to compel further responses is otherwise DENIED.
II. Extensions of the Current Discovery Dates
The parties requested extensions of the current discovery deadlines. For good cause appearing, IT IS HEREBY ORDERED:
1. The parties shall exchange their expert reports on or before December 5, 2006.
2. The parties shall exchange their supplemental expert reports on or before December 19, 2006.
3. All discovery shall be completed on or before January 5, 2007.
4. All corresponding dates are hereby VACATED. All other dates remain the same.
IT IS SO ORDERED.