Sharda v. Sunrise Hospital and Medical Center, et al

Filing 38

ORDER Granting 37 Motion to Redact 35 the Motion to Dismiss and Seal Exhibits C Through N to 35 the Motion to Dismiss. Signed by Magistrate Judge George Foley, Jr. on 1/3/17. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:16-cv-02233-JCM-GWF Document 37 Filed 12/30/16 Page 1 of 5

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JOHN R. BAILEY
Nevada Bar No. 0137
JOSHUA M. DICKEY
Nevada Bar No. 6621
PAUL C. WILLIAMS
Nevada Bar No. 12524
BAILEY KENNEDY
8984 Spanish Ridge Avenue
Las Vegas, Nevada 89148-1302
Telephone: [phone]
Facsimile: 702.562.8821
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendants Sunrise Hospital and
Medical Center, LLC (including its Board of
Trustees), Susan Reisinger, M.D., and
Katherine Keeley, M.D., D.D.S.

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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NAVNEET SHARDA, M.D., an Individual,

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Case No. 2:16-cv-02233-JCM-GWF

Plaintiff,

UNOPPOSED MOTION TO:

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vs.
SUNRISE HOSPITAL AND MEDICAL
CENTER, LLC, a foreign limited liability
company; THE BOARD OF TRUSTEES OF
SUNRISE HOSPITAL; SUSAN REISINGER, an
individual; DIPAK DESAI, an individual;
NEVADA STATE BOARD OF MEDICAL
EXAMINERS; KATHERINE KEELEY, an
individual; DOE Individuals I through X; and
ROE CORPORATIONS and
ORGANIZATIONS I through X, inclusive,

(1) REDACT DEFENDANTS SUNRISE
HOSPITAL AND MEDICAL CENTER, LLC
(INCLUDING ITS BOARD OF TRUSTEES),
SUSAN REISINGER, M.D., AND KATHERINE
KEELEY, M.D., D.D.S.’S MOTION TO
DISMISS; AND
(2) SEAL EXHIBITS C THROUGH N TO THE
MOTION TO DISMISS

Defendants.

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Pursuant to Rule 5.2 of the Federal Rules of Civil Procedure and LR IA 10-5, Defendants
Sunrise Hospital and Medical Center, LLC (including its Board of Trustees) (“Sunrise Hospital”),
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Case 2:16-cv-02233-JCM-GWF Document 37 Filed 12/30/16 Page 2 of 5

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Susan Reisinger, M.D. (“Dr. Reisinger”), and Katherine Keeley, M.D., D.D.S. (“Dr. Keeley”)

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(collectively, the “Sunrise Defendants”) hereby move this Court for an Order permitting them to

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redact their Motion to Dismiss (the “Motion to Dismiss”) and to file Exhibits C through N under seal

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(the “Motion to Seal”). Compelling reasons exist to redact the Motion to Dismiss and file Exhibits

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C through N under seal because they contain peer review materials immune from disclosure (by

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third parties) pursuant to NRS 49.119 and NRS 49.265.

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Neither Plaintiff Navneet Sharda, M.D. (“Dr. Sharda”) nor Defendant Nevada State Board of
Medical Examiners (the “Board of Medical Examiners”) oppose the Motion to Seal.
This Motion to Seal is made and based on the papers and pleadings on file, the following
Memorandum of Points and Authorities and any oral argument as may be heard by the Court.
DATED this 30th day of December, 2016.

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BAILEY KENNEDY

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By: /s/ John R. Bailey
JOHN R. BAILEY
JOSHUA M. DICKEY
PAUL C. WILLIAMS
Attorneys for Defendants Sunrise Hospital and
Medical Center, LLC (including its Board of
Trustees), Susan Reisinger, M.D., and Katherine
Keeley, M.D., D.D.S.

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Case 2:16-cv-02233-JCM-GWF Document 37 Filed 12/30/16 Page 3 of 5

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MEMORANDUM OF POINTS AND AUTHORITIES
Pursuant to Federal Rule of Civil Procedure 5.2(d), “[t]he court may order that a filing be

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made under seal without redaction.” “[A]lthough the common law creates a strong presumption in

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favor of access, the presumption can be overcome by sufficiently important countervailing interests.”

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San Jose Mercury News, Inc. v. U.S. Dist. Ct., 187 F.3d 1096, 1102 (9th Cir. 1999). Two standards

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generally govern motions to seal documents and redact briefs. Pintos v. Pac. Creditors Ass’n., 605

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F.3d 665, 677 (9th Cir. 2010) (describing the “good cause” and “compelling reasons” standards). A

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compelling reasons standard applies to records attached to dispositive motions. Kamakana v. City &

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Cnty. of Honolulu, 447 F.3d 1172, 1180 (9th Cir. 2006). Compelling reasons exist “when such court

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files might have become a vehicle for improper purposes, such as the use of records to gratify private

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spite, promote public scandal, circulate libelous statements, or release trade secrets.” Id. at 1179.

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(internal quotation marks omitted).

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Under Nevada law, a “review committee has a privilege to refuse to disclose and to prevent any

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other person from disclosing its proceedings and records and testimony given before it.” NRS 49.119;

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see also NRS 49.265(1) (stating that proceedings and records of peer review committees of hospitals “are

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not subject to discovery proceedings.”).

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Here, Exhibits C through N to the Motion to Dismiss are documents containing information

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that are part of an ongoing peer review process of Sunrise Hospital. Additionally, the Reply Brief

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quotes portions of Exhibits C through N. Thus, the documents—and the quotations of the

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documents in the Motion to Dismiss—are privileged pursuant to NRS 49.119 and NRS 49.265

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and/or otherwise contain confidential records. Moreover, Sunrise Hospital has a compelling privacy

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interest in ensuring the confidential nature of the peer review proceedings.

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Because Exhibits C through N to the Motion to Dismiss and the quotations thereof are

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privileged pursuant to NRS 49.119 and NRS 49.265 and/or otherwise contain confidential records,

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the Sunrise Defendants have a compelling reason in maintaining the confidentiality of the peer

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review proceedings which outweighs the public interest in access to Court records. Kamakana, 447

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F.3d at 1179-80. The Motion to Seal is unopposed by Dr. Sharda and the Board of Medical

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Examiners.
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Case 2:16-cv-02233-JCM-GWF Document 37 Filed 12/30/16 Page 4 of 5

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Accordingly, the Sunrise Defendants respectfully request that the Court order that Exhibits C

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through N to the Motion to Dismiss remain under seal and that the quotations of Exhibits C through

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N remain redacted in the publicly-filed copy of the Motion to Dismiss. See Fed. R. Civ. P. 5.2(d);

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Kamakana, 447 F.3d at 1179-80.

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DATED this 30th day of December, 2016.

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BAILEY KENNEDY

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By: /s/ John R. Bailey
JOHN R. BAILEY
JOSHUA M. DICKEY
PAUL C. WILLIAMS
Attorneys for Defendants Sunrise Hospital and
Medical Center, LLC (including its Board of
Trustees), Susan Reisinger, M.D., and Katherine
Keeley, M.D., D.D.S.

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IT IS SO ORDERED:
Exhibits C through N to the Motion to Dismiss are to remain under seal and the quotations of
Exhibits C through N are to remain redacted in the publicly-filed copy of the Motion to Dismiss.

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UNITED STATES DISTRICT JUDGE
UNITED STATES MAGISTRATE JUDGE

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DATED: January 3, 2017

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Case 2:16-cv-02233-JCM-GWF Document 37 Filed 12/30/16 Page 5 of 5

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CERTIFICATE OF SERVICE
I certify that I am an employee of BAILEY KENNEDY and that on the 30th day of

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December, 2016, service of the foregoing Unopposed Motion to: (1) Redact Defendants Sunrise

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Hospital and Medical Center, LLC (Including its Board of Trustees), Susan Reisinger, M.D., and

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Katherine Keeley, M.D., D.D.S.’s Motion to Dismiss; and (2) Seal Exhibits C through N to the

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Motion to Dismiss was made by mandatory electronic service through the United States District

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Court’s electronic filing system and/or by depositing a true and correct copy in the U.S. Mail, first

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class postage prepaid, and addressed to the following at their last known address:

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P. STERLING KERR, ESQ.
LAW OFFICES OF P. STERLING KERR
2450 St. Rose Parkway
Suite 120
Henderson, Nevada 89074

Email: [e-mail]

BRYAN NADDAFI, ESQ.
OLYMPIA LAW, P.C.
9480 S. Eastern Avenue
Suite 257
Las Vegas, Nevada 89123

Email: [e-mail]

Attorneys for Plaintiff
Navneet Sharda, M.D.

Attorneys for Plaintiff
Navneet Sharda, M.D.

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/s/ Sharon Murnane
Employee of BAILEY KENNEDY

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