Bruce

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 STEVEN BRUCE, Case No. 18-cv-05022-HSG

Plaintiff, ORDER ON CROSS MOTIONS FOR

SUMMARY JUDGMENT

v. Re: Dkt. Nos. 90, 94 ALEX M. AZAR, Defendant.

12 Pending before the Court are the parties’ cross motions for summary judgment. Dkt. Nos. 90 (“Pl. Mot”), 94 (“Def. Mot”). The Court held a hearing on the motions on December 5, 2019. After carefully considering the papers and the parties’ arguments, the Court DENIES Plaintiff’s motion for summary judgment and GRANTS Defendant’s motion for summary judgment. I. BACKGROUND Plaintiff Stephen Bruce filed this action on August 16, 2018, seeking judicial review of the final decision by the Medicare Appeals Council (“MAC”) denying Plaintiff coverage for the drug Serostim. Dkt. No. 1. The Court provides the relevant statutory framework and facts below. A. Part D of the Medicare Act The Medicare Act, established under Title XVIII of the Social Security Act, 42 U.S.C. …