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)

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Case 2:16-cv-02233-JCM-GWF Document 37 Filed 12/30/16 Page 1 of 5 1 2 3 4 5 6 7 8 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: 702.562.8820 Facsimile: 702.562.8821 JBailey@BaileyKennedy.com JDickey@BaileyKennedy.com PWilliams@BaileyKennedy.com 9 10 11 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. 12 13 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 14 15 NAVNEET SHARDA, M.D., an Individual, 16 Case No. 2:16-cv-02233-JCM-GWF Plaintiff, UNOPPOSED MOTION TO: 17 18 19 20 21 22 23 24 25 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. 26 27 28 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”), Page 1 of 5 Case 2:16-cv-02233-JCM-GWF Document 37 Filed 12/30/16 Page 2 of 5 1 Susan Reisinger, M.D. (“Dr. Reisinger”), and Katherine Keeley, M.D., D.D.S. (“Dr. Keeley”) 2 (collectively, the “Sunrise Defendants”) hereby move this Court for an Order permitting them to 3 redact their Motion to Dismiss (the “Motion to Dismiss”) and to file Exhibits C through N under seal 4 (the “Motion to Seal”). Compelling reasons exist to redact the Motion to Dismiss and file Exhibits 5 C through N under seal because they contain peer review materials immune from disclosure (by 6 third parties) pursuant to NRS 49.119 and NRS 49.265. 7 8 9 10 11 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. 12 BAILEY KENNEDY 13 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. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 2 of 5 Case 2:16-cv-02233-JCM-GWF Document 37 Filed 12/30/16 Page 3 of 5 1 2 MEMORANDUM OF POINTS AND AUTHORITIES Pursuant to Federal Rule of Civil Procedure 5.2(d), “[t]he court may order that a filing be 3 made under seal without redaction.” “[A]lthough the common law creates a strong presumption in 4 favor of access, the presumption can be overcome by sufficiently important countervailing interests.” 5 San Jose Mercury News, Inc. v. U.S. Dist. Ct., 187 F.3d 1096, 1102 (9th Cir. 1999). Two standards 6 generally govern motions to seal documents and redact briefs. Pintos v. Pac. Creditors Ass’n., 605 7 F.3d 665, 677 (9th Cir. 2010) (describing the “good cause” and “compelling reasons” standards). A 8 compelling reasons standard applies to records attached to dispositive motions. Kamakana v. City & 9 Cnty. of Honolulu, 447 F.3d 1172, 1180 (9th Cir. 2006). Compelling reasons exist “when such court 10 files might have become a vehicle for improper purposes, such as the use of records to gratify private 11 spite, promote public scandal, circulate libelous statements, or release trade secrets.” Id. at 1179. 12 (internal quotation marks omitted). 13 Under Nevada law, a “review committee has a privilege to refuse to disclose and to prevent any 14 other person from disclosing its proceedings and records and testimony given before it.” NRS 49.119; 15 see also NRS 49.265(1) (stating that proceedings and records of peer review committees of hospitals “are 16 not subject to discovery proceedings.”). 17 Here, Exhibits C through N to the Motion to Dismiss are documents containing information 18 that are part of an ongoing peer review process of Sunrise Hospital. Additionally, the Reply Brief 19 quotes portions of Exhibits C through N. Thus, the documents—and the quotations of the 20 documents in the Motion to Dismiss—are privileged pursuant to NRS 49.119 and NRS 49.265 21 and/or otherwise contain confidential records. Moreover, Sunrise Hospital has a compelling privacy 22 interest in ensuring the confidential nature of the peer review proceedings. 23 Because Exhibits C through N to the Motion to Dismiss and the quotations thereof are 24 privileged pursuant to NRS 49.119 and NRS 49.265 and/or otherwise contain confidential records, 25 the Sunrise Defendants have a compelling reason in maintaining the confidentiality of the peer 26 review proceedings which outweighs the public interest in access to Court records. Kamakana, 447 27 F.3d at 1179-80. The Motion to Seal is unopposed by Dr. Sharda and the Board of Medical 28 Examiners. Page 3 of 5 Case 2:16-cv-02233-JCM-GWF Document 37 Filed 12/30/16 Page 4 of 5 1 Accordingly, the Sunrise Defendants respectfully request that the Court order that Exhibits C 2 through N to the Motion to Dismiss remain under seal and that the quotations of Exhibits C through 3 N remain redacted in the publicly-filed copy of the Motion to Dismiss. See Fed. R. Civ. P. 5.2(d); 4 Kamakana, 447 F.3d at 1179-80. 5 DATED this 30th day of December, 2016. 6 BAILEY KENNEDY 7 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. 8 9 10 11 12 13 14 15 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. 16 17 18 19 UNITED STATES DISTRICT JUDGE UNITED STATES MAGISTRATE JUDGE 20 DATED: January 3, 2017 21 22 23 24 25 26 27 28 Page 4 of 5 Case 2:16-cv-02233-JCM-GWF Document 37 Filed 12/30/16 Page 5 of 5 1 2 CERTIFICATE OF SERVICE I certify that I am an employee of BAILEY KENNEDY and that on the 30th day of 3 December, 2016, service of the foregoing Unopposed Motion to: (1) Redact Defendants Sunrise 4 Hospital and Medical Center, LLC (Including its Board of Trustees), Susan Reisinger, M.D., and 5 Katherine Keeley, M.D., D.D.S.’s Motion to Dismiss; and (2) Seal Exhibits C through N to the 6 Motion to Dismiss was made by mandatory electronic service through the United States District 7 Court’s electronic filing system and/or by depositing a true and correct copy in the U.S. Mail, first 8 class postage prepaid, and addressed to the following at their last known address: 9 10 11 12 13 14 15 P. STERLING KERR, ESQ. LAW OFFICES OF P. STERLING KERR 2450 St. Rose Parkway Suite 120 Henderson, Nevada 89074 Email: psklaw@aol.com BRYAN NADDAFI, ESQ. OLYMPIA LAW, P.C. 9480 S. Eastern Avenue Suite 257 Las Vegas, Nevada 89123 Email: bryan@olympialawpc.com Attorneys for Plaintiff Navneet Sharda, M.D. Attorneys for Plaintiff Navneet Sharda, M.D. 16 17 18 /s/ Sharon Murnane Employee of BAILEY KENNEDY 19 20 21 22 23 24 25 26 27 28 Page 5 of 5

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