Allstate Insurance Company et al v. Shah, MD et al
Filing
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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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DENNIS L. KENNEDY
Nevada Bar No. 1462
JOSEPH A. LIEBMAN
Nevada Bar No. 10125
JOSHUA P. GILMORE
Nevada Bar No. 11576
BAILEYKENNEDY
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
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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
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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
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vs.
COMPEL PLAINTIFFS’ RESPONSES
TO FIRST SET OF REQUESTS FOR
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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,
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Defendants.
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AND RELATED CLAIMS.
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Defendants Russell J. Shah, M.D. (“Russell”); Dipti R. Shah, M.D. (“Dipti”); Radar Medical
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Group, LLP (“Radar Medical Group”); Russell J. Shah, MD, Ltd. (“Russell PC”); and Dipti R. Shah,
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MD, Ltd. (“Dipti PC”) (collectively, the “Radar Parties”) move this Court for leave to file under seal
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Exhibits 43-J and 44-46 in support of their Motion to Compel Plaintiffs’ Responses to First Set of
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Requests for Production of Documents and First Sets of Interrogatories [ECF No. 95] (the “Motion
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to Compel”).
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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.
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BAILEYKENNEDY
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By: /s/ Joshua P. Gilmore
DENNIS L. KENNEDY
JOSEPH A. LIEBMAN
JOSHUA P. GILMORE
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Attorneys for Defendants &
Counterclaimants
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MEMORANDUM OF POINTS AND AUTHORITIES
A party seeking to seal documents attached to a non-dispositive motion must identify “good
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cause” to do so in accordance with Fed. R. Civ. P. 26(c). Kamakana v. City & Cty. of Honolulu,
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447 F.3d 1172, 1180 (9th Cir. 2006). This is a less exacting standard than the “compelling reasons”
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standard for seeking to seal documents attached to a dispositive motion, because the “usual
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presumption of the public’s right of access” to dispositive motions “is rebutted.” See id. at 1178-80.
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On March 9, 2017, the Radar Parties filed their Motion to Compel. The Radar Parties
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attached four exhibits to their Motion to Compel that qualify (or may qualify) for sealing: Exhibits
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43-J and 44-46.
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Exhibit 43-J is an excerpt of the Insurance Companies’ privilege log, while Exhibit 46 is an
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excerpt of their internal claims manual. The Insurance Companies designated these documents as
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“CONFIDENTIAL” pursuant to Section V of the Stipulated Confidentiality Agreement and
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Protective Order [ECF No. 39] (the “Protective Order”). As a result, the Radar Parties are required
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to file them under seal, pursuant to Section X of the Protective Order, pending a response to this
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Motion to Seal from the Insurance Companies regarding the need, if any, to keep them under seal.
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Exhibits 44-45 consist of reports generated by computer software programs known as
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DecisionPoint and Colossus utilized by the Insurance Companies when adjusting bodily injury
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claims. They describe medical treatment rendered to a patient purportedly at issue in this matter.
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Because the patient is a non-party, sealing these exhibits is warranted in order to protect that
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patient’s privacy interests under the Health Insurance Portability and Accountability Act of 1996.1
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See, e.g., Brodsky v. Baca, No. 3:14-cv-00641-RCJ-WGC, 2015 WL 6962867, at *1 (D. Nev. Nov.
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10, 2015) (recognizing that protecting medical privacy qualifies as a “compelling reason” to seal
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judicial records).
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For these reasons, the Court should grant this Motion to Seal.
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DATED this 9th day of March, 2017.
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BAILEYKENNEDY
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By: /s/ Joshua P. Gilmore
DENNIS L. KENNEDY
JOSEPH A. LIEBMAN
JOSHUA P. GILMORE
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Attorneys for Defendants &
Counterclaimants
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April 4, 2017
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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.”
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CERTIFICATE OF SERVICE
I certify that I am an employee of BAILEYKENNEDY and that on the 9th day of March
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2017, service of the foregoing DEFENDANTS’ MOTION FOR LEAVE TO FILE UNDER
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SEAL EXHIBITS 43-J AND 44-46 SUPPORTING DEFENDANTS’ MOTION TO COMPEL
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PLAINTIFFS’ RESPONSES TO FIRST SET OF REQUESTS FOR PRODUCTION OF
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DOCUMENTS AND FIRST SETS OF INTERROGATORIES was made by mandatory
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electronic service through the United States District Court’s electronic filing system and/or by
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emailing a true and correct copy to the following:
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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
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Attorneys for Plaintiffs/
Counterdefendants
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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
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/s/ Jennifer Kennedy
___________
Employee of BAILEYKENNEDY
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