Allstate Insurance Company et al v. Shah, MD et al

Filing 134

ORDER Granting #101 Motion for Leave to File Under Seal 102 Exhibits re #95 Motion to Compel. Signed by Magistrate Judge Carl W. Hoffman on 4/4/17. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 3 4 5 6 7 DENNIS L. KENNEDY Nevada Bar No. 1462 JOSEPH A. LIEBMAN Nevada Bar No. 10125 JOSHUA P. GILMORE Nevada Bar No. 11576 BAILEYKENNEDY 8984 Spanish Ridge Avenue Las Vegas, Nevada 89148-1302 Telephone: 702.562.8820 Facsimile: 702.562.8821 DKennedy@BaileyKennedy.com JLiebman@BaileyKennedy.com JGilmore@BaileyKennedy.com 8 9 10 11 Attorneys for Defendants & Counterclaimants RUSSELL J. SHAH, M.D.; DIPTI R. SHAH, M.D.; RUSSELL J. SHAH, MD, LTD.; DIPTI R. SHAH, MD, LTD.; and RADAR MEDICAL GROUP, LLP dba UNIVERSITY URGENT CARE UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 12 13 14 ALLSTATE INSURANCE COMPANY, ALLSTATE PROPERTY & CASUALTY Case No. 2:15-cv-01786-APG-CWH 15 INSURANCE COMPANY, ALLSTATE INDEMNITY COMPANY, and ALLSTATE 16 FIRE & CASUALTY INSURANCE COMPANY, DEFENDANTS’ MOTION FOR LEAVE TO FILE UNDER SEAL EXHIBITS 4317 Plaintiffs, J AND 44-46 SUPPORTING DEFENDANTS’ MOTION TO 18 vs. COMPEL PLAINTIFFS’ RESPONSES TO FIRST SET OF REQUESTS FOR 19 RUSSELL J. SHAH, M.D.; DIPTI R. SHAH, PRODUCTION OF DOCUMENTS AND FIRST SETS OF INTERROGATORIES 20 M.D.; RUSSELL J. SHAH, MD, LTD.; DIPTI R. SHAH, MD, LTD.; and RADAR MEDICAL 21 GROUP, LLP dba UNIVERSITY URGENT CARE, Does 1-100, and ROES 101-200, 22 Defendants. 23 ___________________________________________ 24 AND RELATED CLAIMS. 25 26 27 28 Page 1 of 4 1 Defendants Russell J. Shah, M.D. (“Russell”); Dipti R. Shah, M.D. (“Dipti”); Radar Medical 2 Group, LLP (“Radar Medical Group”); Russell J. Shah, MD, Ltd. (“Russell PC”); and Dipti R. Shah, 3 MD, Ltd. (“Dipti PC”) (collectively, the “Radar Parties”) move this Court for leave to file under seal 4 Exhibits 43-J and 44-46 in support of their Motion to Compel Plaintiffs’ Responses to First Set of 5 Requests for Production of Documents and First Sets of Interrogatories [ECF No. 95] (the “Motion 6 to Compel”). 7 8 9 This Motion is made and based on the papers and pleadings on file, the following Memorandum of Points and Authorities, and any argument heard by the Court. DATED this 9th day of March, 2017. 10 BAILEYKENNEDY 11 By: /s/ Joshua P. Gilmore DENNIS L. KENNEDY JOSEPH A. LIEBMAN JOSHUA P. GILMORE 12 13 Attorneys for Defendants & Counterclaimants 14 15 16 17 MEMORANDUM OF POINTS AND AUTHORITIES A party seeking to seal documents attached to a non-dispositive motion must identify “good 18 cause” to do so in accordance with Fed. R. Civ. P. 26(c). Kamakana v. City & Cty. of Honolulu, 19 447 F.3d 1172, 1180 (9th Cir. 2006). This is a less exacting standard than the “compelling reasons” 20 standard for seeking to seal documents attached to a dispositive motion, because the “usual 21 presumption of the public’s right of access” to dispositive motions “is rebutted.” See id. at 1178-80. 22 On March 9, 2017, the Radar Parties filed their Motion to Compel. The Radar Parties 23 attached four exhibits to their Motion to Compel that qualify (or may qualify) for sealing: Exhibits 24 43-J and 44-46. 25 Exhibit 43-J is an excerpt of the Insurance Companies’ privilege log, while Exhibit 46 is an 26 excerpt of their internal claims manual. The Insurance Companies designated these documents as 27 “CONFIDENTIAL” pursuant to Section V of the Stipulated Confidentiality Agreement and 28 Protective Order [ECF No. 39] (the “Protective Order”). As a result, the Radar Parties are required Page 2 of 4 1 to file them under seal, pursuant to Section X of the Protective Order, pending a response to this 2 Motion to Seal from the Insurance Companies regarding the need, if any, to keep them under seal. 3 Exhibits 44-45 consist of reports generated by computer software programs known as 4 DecisionPoint and Colossus utilized by the Insurance Companies when adjusting bodily injury 5 claims. They describe medical treatment rendered to a patient purportedly at issue in this matter. 6 Because the patient is a non-party, sealing these exhibits is warranted in order to protect that 7 patient’s privacy interests under the Health Insurance Portability and Accountability Act of 1996.1 8 See, e.g., Brodsky v. Baca, No. 3:14-cv-00641-RCJ-WGC, 2015 WL 6962867, at *1 (D. Nev. Nov. 9 10, 2015) (recognizing that protecting medical privacy qualifies as a “compelling reason” to seal 10 judicial records). 11 For these reasons, the Court should grant this Motion to Seal. 12 DATED this 9th day of March, 2017. 13 BAILEYKENNEDY 14 By: /s/ Joshua P. Gilmore DENNIS L. KENNEDY JOSEPH A. LIEBMAN JOSHUA P. GILMORE 15 16 Attorneys for Defendants & Counterclaimants 17 18 April 4, 2017 19 20 21 22 23 24 25 26 27 1 28 On September 20, 2016, the Court entered an Order [ECF No. 67] sealing excerpts of claims notes for two other patients purportedly at issue in this matter because they contained “sensitive medical information of non-parties.” Page 3 of 4 1 2 CERTIFICATE OF SERVICE I certify that I am an employee of BAILEYKENNEDY and that on the 9th day of March 3 2017, service of the foregoing DEFENDANTS’ MOTION FOR LEAVE TO FILE UNDER 4 SEAL EXHIBITS 43-J AND 44-46 SUPPORTING DEFENDANTS’ MOTION TO COMPEL 5 PLAINTIFFS’ RESPONSES TO FIRST SET OF REQUESTS FOR PRODUCTION OF 6 DOCUMENTS AND FIRST SETS OF INTERROGATORIES was made by mandatory 7 electronic service through the United States District Court’s electronic filing system and/or by 8 emailing a true and correct copy to the following: 9 10 11 12 JARED P. GREEN, ESQ. MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP 8337 West Sunset Road, Suite 350 Las Vegas, NV 89113 Email: jared.green@mccormickbarstow.com Kristin.thomas@mccormickbarstow.com Debbie.sizemore@mccormickbarstow.com Jennifer.deboer@mccormickbarstow.com Michael.merritt@mccormickbarstow.com 13 Attorneys for Plaintiffs/ Counterdefendants 14 15 16 17 18 ERON Z. CANNON, ESQ. FAIN ANDERSON VANDERHOEF ROSENDAHL O’HALLORAN SPILLANE PLLC 701 Fifth Avenue, Ste. 4750 Seattle, WA 98104 Email: Eron@favros.com donna@favros.com Attorneys for Plaintiffs/ Counterdefendants 19 20 21 22 /s/ Jennifer Kennedy ___________ Employee of BAILEYKENNEDY 23 24 25 26 27 28 Page 4 of 4

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