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

Filing 88

ORDER Granting 80 Motion to Seal Exhibits 43-65 and 70-86 re 73 Motion for Sanctions. Signed by Magistrate Judge Carl W. Hoffman on 2/23/17. (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 15 16 ALLSTATE INSURANCE COMPANY, ALLSTATE PROPERTY & CASUALTY INSURANCE COMPANY, ALLSTATE INDEMNITY COMPANY, and ALLSTATE FIRE & CASUALTY INSURANCE COMPANY, 17 Plaintiffs, 18 vs. 19 20 21 Case No. 2:15-cv-01786-APG-CWH DEFENDANTS’ MOTION FOR LEAVE TO FILE UNDER SEAL EXHIBITS 4365 AND 70-86 SUPPORTING THEIR MOTION FOR SANCTIONS AGAINST PLAINTIFFS (FED. R. CIV. P. 11 AND THE COURT’S INHERENT POWER) 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, 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. 3 Shah, MD, Ltd. (“Dipti PC”) (collectively, the “Radar Parties”) move this Court for leave to file 4 under seal Exhibits 43-65 and 70-86 supporting their Motion for Sanctions Against Plaintiffs (Fed 5 R. Civ. P. 11 and the Court’s Inherent Power) [ECF No. 73] (the “Motion for Sanctions”). These 6 exhibits contain or reference “protected health information” concerning non-parties to this matter, 7 and therefore, compelling reasons exist to seal them. 8 9 10 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 1st day of February, 2017. 11 BAILEYKENNEDY 12 By: /s/ Dennis L. Kennedy DENNIS L. KENNEDY JOSEPH A. LIEBMAN JOSHUA P. GILMORE 13 14 15 Attorneys for Defendants & Counterclaimants 16 17 18 MEMORANDUM OF POINTS AND AUTHORITIES A party seeking to seal documents attached to a dispositive motion must identify 19 “compelling reasons supported by specific factual findings” in order to overcome the presumptive 20 right of public access to those documents. Kamakana v. City & Cty. of Honolulu, 447 F.3d 1172, 21 1178-79 (9th Cir. 2006). The Court will balance the competing interests of the public and the 22 parties (or non-parties) in deciding whether to seal judicial documents. See id. at 1179. 23 On February 1, 2017, the Radar Parties filed their Motion for Sanctions. The Radar Parties 24 attached twenty exhibits to their Motion for Sanctions that qualify (or likely qualify) for sealing: 25 Exhibits 43-65 and 70-86. Exhibits 43-65 consist of written reports prepared by various health care 26 providers describing medical treatment rendered to several patients purportedly at issue in this 27 matter. Exhibits 70-86 consist of claims notes that discuss or reference several patients purportedly 28 at issue in this matter who received medical treatment from one or more members of Radar Medical Page 2 of 4 1 Group.1 The Insurance Companies have marked each these medical reports and each of their claim 2 notes as “CONFIDENTIAL” pursuant to the Stipulated Confidentiality Agreement and Protective 3 Order [ECF No. 39] (the “Protective Order”). 4 Because the patients referenced in Exhibits 43-65 and 70-86 are non-parties to this matter, 5 sealing these exhibits is warranted in order to protect the patients’ privacy interests under the Health 6 Insurance Portability and Accountability Act of 1996.2 See, e.g., Brodsky v. Baca, No. 3:14-cv- 7 00641-RCJ-WGC, 2015 WL 6962867, at *1 (D. Nev. Nov. 10, 2015) (recognizing that protecting 8 medical privacy qualifies as a “compelling reason” to seal judicial records). 9 For these reasons, the Court should grant this Motion to Seal. 10 DATED this 1st day of February, 2017. 11 BAILEYKENNEDY 12 By: /s/ Dennis L. Kennedy DENNIS L. KENNEDY JOSEPH A. LIEBMAN JOSHUA P. GILMORE 13 14 Attorneys for Defendants & Counterclaimants 15 16 February 23, 2017 17 18 19 20 21 22 23 24 25 26 27 1 Excerpts were submitted in order to minimize the amount of private medical information filed with the Court. 2 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 1st day of 3 February, 2017, service of the foregoing DEFENDANTS’ MOTION FOR LEAVE TO FILE 4 UNDER SEAL EXHIBITS 43-65 AND 70-86 SUPPORTING THEIR MOTION FOR 5 SANCTIONS AGAINST PLAINTIFFS (FED. R. CIV. P. 11 AND THE COURT’S INHERENT 6 POWER) was made by mandatory electronic service through the United States District Court’s 7 electronic filing system and/or by emailing a true and correct copy to the following: 8 9 10 11 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 12 Attorneys for Plaintiffs/ Counterdefendants 13 14 15 16 17 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 18 19 20 21 /s/ Susan Russo Employee of BAILEYKENNEDY 22 23 24 25 26 27 28 Page 4 of 4

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