Schuh v. HCA Holdings, Inc. et al

Filing 229

ORDER: The motion of the Underwriter Defendants to appear pro hac vice 226 is GRANTED. The HCA defendants' motion for leave to file under seal 222 is GRANTED. The motion filed by HCA Holdings, Inc. for leave to file reply under seal 179 is GRANTED. The plaintiff's motion for leave to file plaintiff's proposed ESI protocol and accompanying exhibits under seal 175 is GRANTED. The plaintiff's motion for leave to file document under seal 163 is GRANTED. Although it remains somewhat unclear why disclosures to the government necessarily warrant under seal protection, with some reluctance, the motion of the HCA defendants for transcript redaction and to file proposed redactions under seal 157 is GRANTED. Signed by Magistrate Judge Juliet E. Griffin on 6/23/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
KARSTEN SCHUH, individually and on
behalf of all others similarly situated
v.
HCA HOLDINGS, INC.; RICHARD
M. BRACKEN; R. MILTON JOHNSON;
CHRISTOPHER J. BIROSAK; JOHN
P. CONNAUGHTON; JAMES D.
FORBES; KENNETH W. FREEMAN;
THOMAS F. FRIST, III; WILLIAM
R. FRIST; CHRISTOPHER R.
GORDON; MICHAEL W.
MICHELSON; JAMES C. MOMTAZEE;
STEPHEN G. PAGLIUCA; NATHAN C.
THORNE; MERRILL LYNCH, PIERCE,
FENNER & SMITH INCORPORATED;
CITIGROUP GLOBAL MARKETS
INC.; J.P. MORGAN SECURITIES
LLC; BARCLAYS CAPITAL INC.;
CREDIT SUISSE SECURITIES (USA)
LLC; DEUTSCHE BANK SECURITIES
INC.; GOLDMAN SACHS & CO.;
MORGAN STANLEY & CO.
INCORPORATED; and WELLS FARGO
SECURITIES, LLC

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

No. 3-11-1033
Consolidated with Nos. 3-11-1098
and 3-11-1170

ORDER
The following housekeeping matters are addressed:
1.

The motion of the Underwriter Defendants to appear pro hac vice (Docket Entry

No. 226) is GRANTED.
Jayme A. Feldheim is hereby admitted to practice on behalf of the Underwriter Defendants.
The Clerk is directed to enter Jayme A. Feldheim as counsel for the defendants listed on the
motion at the same address and telephone number listed for Lawrence Portnoy.
2.

The HCA defendants' motion for leave to file under seal (Docket Entry No. 222) is

GRANTED.
The Clerk is directed to maintain UNDER SEAL the response and supplemental declaration
of Lisa Henson (Docket Entry Nos. 223 and 224) in opposition to the plaintiff's motion for leave to
submit newly discovered evidence in support of motion to compel (Docket Entry No. 217).

3.

The motion filed by HCA Holdings, Inc. for leave to file reply under seal (Docket

Entry No. 179) is GRANTED.
The Clerk is directed to maintain UNDER SEAL the reply filed by the HCA defendants
(Docket Entry No. 180) to plaintiff's response (Docket Entry No. 177) to the supplemental declaration
of Lisa Henson (Docket Entry No. 171).
4.

The plaintiff's motion for leave to file plaintiff's proposed ESI protocol and

accompanying exhibits under seal (Docket Entry No. 175) is GRANTED.
The Clerk is directed to maintain UNDER SEAL plaintiff's proposed ESI protocol (Docket
Entry No. 176).
5.

The plaintiff's motion for leave to file document under seal (Docket Entry No. 163)

is GRANTED.
The Clerk is directed to maintain UNDER SEAL Exhibit A (Docket Entry No. 164) to the
declaration of Scott H. Saham (Docket Entry No. 161-2) in support of the plaintiff's motion to compel
(Docket Entry No. 161).
6.

Although it remains somewhat unclear why disclosures to the government necessarily

warrant under seal protection, with some reluctance, the motion of the HCA defendants for transcript
redaction and to file proposed redactions under seal (Docket Entry No. 157) is GRANTED.
The Clerk is directed to maintain UNDER SEAL the unredacted transcript of the
September 6, 2013, proceeding (Docket Entry No. 158).
Counsel for the HCA defendants shall contact Ms. Suffridge to make arrangements for a
redacted version of the proceeding to be filed for public view, in accord with the practices and
procedures of the Clerk.
It is so ORDERED.
JULIET GRIFFIN
United States Magistrate Judge

2