1 JONATHAN W. CARLSON Nevada Bar No. 10536 2 TODD W. BAXTER Admitted Pro Hac Vice 3 GREGORY S. MASON Admitted Pro Hac Vice 4 McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP 5 8337 West Sunset Road, Suite 350 Las Vegas, Nevada 89113 6 Telephone: (702) 949-1100 Facsimile: (702) 949-1101 7 jonathan.carlson@mccormickbarstow.com todd.baxter@mccormickbarstow.com 8 greg.mason@mccormickbarstow.com 9 ERON Z. CANNON Nevada Bar No. 8013 10 FAIN ANDERSON VANDERHOEF ROSENDAHL O’HALLORAN SPILLANE PLLC 11 701 5th Avenue #4750 Seattle, Washington 98104 12 Telephone: (206) 749-0094 Facsimile: (206) 749-0194 13 eron@favros.com 14 Attorneys for Plaintiffs/Counterdefendants 15 UNITED STATES DISTRICT COURT 16 DISTRICT OF NEVADA 17 ALLSTATE INSURANCE COMPANY, CASE NO. 2:15-cv-01786-APG-DJA ALLSTATE PROPERTY & CASUALTY 18 INSURANCE COMPANY, ALLSTATE STIPULATION AND ORDER TO INDEMNITY COMPANY, and ALLSTATE SUBSTITUTE REDACTED EXHIBITS 19 FIRE & CASUALTY INSURANCE AND TO SEAL CONFIDENTIAL COMPANY, EXHIBITS IN SUPPORT OF 20 ALLSTATE’S RESPONSE TO RADAR Plaintiffs, PARTIES’ MOTION FOR SUMMARY 21 JUDGMENT v. 22 RUSSELL J. SHAH, MD, DIPTI R. SHAH, 23 MD, RUSSELL J. SHAH, MD, LTD., DIPTI R. SHAH, MD, LTD., and RADAR 24 MEDICAL GROUP, LLP dba UNIVERSITY URGENT CARE, DOES 1-100, and ROES 25 101-200, 26 Defendants. 27 AND RELATED CLAIMS 1 STIPULATION AND ORDER TO SUBSTITUTE REDACTED EXHIBITS AND TO SEAL CONFIDENTIAL EXHIBITS IN SUPPORT OF ALLSTATE’S RESPONSE TO RADAR 2 PARTIES’ MOTION FOR SUMMARY JUDGMENT 3 Plaintiffs/Counterdefendants ALLSTATE INSURANCE COMPANY, ALLSTATE 4 PROPERTY & CASUALTY COMPANY, ALLSTATE INDEMNITY COMPANY, and 5 ALLSTATE FIRE & CASUALTY COMPANY (hereinafter collectively referred to as “Allstate”), 6 and Defendants and Counterclaimant RUSSELL J. SHAH, M.D., DIPTI R. SHAH, M.D., 7 RUSSELL J. SHAH, M.D., LTD., DIPTI R. SHAH, M.D., LTD., and RADAR MEDICAL GROUP, 8 LLP d/b/a UNIVERSITY URGENT CARE (hereinafter collectively referred to as the “Radar 9 Parties”), by and through their respective counsel of record stipulate and agree as follows: 10 1. On April 10, 2023, the Honorable Court issued an Order (ECF No. 556) denying 11 without prejudice Allstate’s Motion For Leave (ECF No. 550) to: 1. Redact Their Response to Radar 12 Parties’ Motion for Summary Judgment (ECF No. 460); and 2. File Under Seal Exhibits in Support 13 of Allstate’s Response to Radar Parties’ Motion for Summary Judgment on Allstate’s Causes of 14 Action in the First Amended Complaint (ECF No. 460) (hereinafter, the “Motion for Leave”). The 15 Court, in denying Allstate’s Motion for Leave, granted Allstate leave to file a renewed Motion to 16 Seal associated with its Response (ECF No. 547) to the Radar Parties’ Motion for Summary 17 Judgment on Allstate’s Causes of Action in its First Amended Complaint (ECF No. 460). 18 2. In consideration of the Court’s Order, the parties met and conferred and reached an 19 agreement as to (i) redactions of Allstate’s Response (ECF No. 547) and certain exhibits submitted 20 in support of the Response, and (ii) confidential exhibits to seal that were submitted in support of 21 Allstate’s Response. 22 3. The parties hereby stipulate to the substitution of Allstate’s Response (ECF No. 547) 23 containing redactions of confidential and/or protected business and/or financial information of the 24 parties and/or private health information of non-parties. The redacted Response is being publicly- 25 filed with the Court. 26 4. The parties hereby stipulate to the substitution of Allstate’s Appendix of Exhibits to 27 Allstate’s Response to Radar Parties’ Motion for Summary Judgment (ECF No. 550-1, Exhibits 1- 1 the parties and/or private health information of non-parties in lieu of sealing the entirety of the 2 following exhibits: 3 a. Exhibit 1: The parties agree that it is appropriate to redact (i) medical 4 information of a non-party, (ii) private business and financial information of the Radar Parties, 5 including information in relation to the Radar Parties’ profit and loss statements, income, salary, 6 and expenses, and (iii) patient/claimant names. As a result, a redacted copy of Exhibit 1 is being 7 publicly-filed with the Court; 8 b. Exhibit 2: The parties agree that it is appropriate to redact (i) private 9 business and financial information of the Radar Parties, including dollar amounts discussed in 10 relation to the Radar Parties’ charges and lien reductions, and (ii) patient/claimant names. As a 11 result, a redacted copy of Exhibit 2 is being publicly-filed with the Court; 12 c. Exhibit 3: The parties agree that it is appropriate to redact 13 patient/claimant names. As a result, a redacted copy of Exhibit 3 is being publicly-filed with the 14 Court; 15 d. Exhibit 4: The parties agree that it is appropriate to redact (i) private 16 business and financial information of the Radar Parties, including dollar amounts discussed in 17 relation to the Radar Parties’ charges and lien reductions, and (ii) patient/claimant names. As a 18 result, a redacted copy of Exhibit 4 is being publicly-filed with the Court; 19 e. Exhibit 6: The parties agree that it is appropriate to redact 20 patient/claimant names. As a result, a redacted copy of Exhibit 6 is being publicly-filed with the 21 Court; 22 f. Exhibit 8: The parties agree that it is appropriate to redact 23 patient/claimant names. As a result, a redacted copy of Exhibit 8 is being publicly-filed with the 24 Court; 25 g. Exhibit 22: The parties agree that it is appropriate to redact private 26 business and financial information of the Radar Parties, including their Tax ID number and dollar 27 amounts billed and paid in relation to Radar Parties’ treatment of the patient/claimants involved in 1 h. Exhibit 25: The parties agree that it is appropriate to redact 2 patient/claimant names. As a result, a redacted copy of Exhibit 25 is being publicly-filed with the 3 Court; 4 i. Exhibit 28: The parties agree that it is appropriate to redact (i) private 5 business and financial information of the Radar Parties, including dollar amounts and percentages 6 discussed in relation to the Radar Parties’ charges and lien reductions, and (ii) patient/claimant 7 names. As a result, a redacted copy of Exhibit 28 is being publicly-filed with the Court; 8 j. Exhibit 30: The parties agree that it is appropriate to redact 9 patient/claimant names. As a result, a redacted copy of Exhibit 30 is being publicly-filed with the 10 Court; 11 k. Exhibit 31: The parties agree that it is appropriate to redact 12 patient/claimant names. As a result, a redacted copy of Exhibit 31 is being publicly-filed with the 13 Court. 14 5. The parties hereby stipulate and agree that the following exhibits to Allstate’s 15 Response to the Radar Parties’ Motion for Summary Judgment should be sealed and that redacting 16 these exhibits is not feasible under the circumstances given the extent of confidential information 17 discussed or contained in them as described below, see, e.g., Ansara v. Maldonado, No. 2:19-cv- 18 01394-GMN-VCF, 2022 WL 17253803, at *3 (D. Nev. Nov. 1, 2022): 19 a. Exhibit 9: The parties agree that the excerpts of deposition testimony 20 from patient/claimant A.G. should be sealed as said testimony contains private and confidential 21 medical/health information of the deponent. As a result, the parties request that Exhibit 9 be sealed. 22 b. Exhibit 10: The parties agree that the excerpts of deposition testimony 23 from patient/claimant G.P. should be sealed as said testimony contains private and confidential 24 medical/health information of the deponent. As a result, the parties request that Exhibit 10 be sealed. 25 c. Exhibit 11: The parties agree that the excerpts of deposition testimony 26 from patient/claimant C.D. should be sealed as said testimony contains private and confidential 27 medical/health information of the deponent. As a result, the parties request that Exhibit 11 be sealed. 1 d.
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1 JONATHAN W. CARLSON Nevada Bar No. 10536 2 TODD W. BAXTER Admitted Pro Hac Vice 3 GREGORY S. MASON Admitted Pro Hac Vice 4 McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP 5 8337 West Sunset Road, Suite 350 Las Vegas, Nevada 89113 6 Telephone: (702) 949-1100 Facsimile: (702) 949-1101 7 jonathan.carlson@mccormickbarstow.com todd.baxter@mccormickbarstow.com 8 greg.mason@mccormickbarstow.com 9 ERON Z. CANNON Nevada Bar No. 8013 10 FAIN ANDERSON VANDERHOEF ROSENDAHL O’HALLORAN SPILLANE PLLC 11 701 5th Avenue #4750 Seattle, Washington 98104 12 Telephone: (206) 749-0094 Facsimile: (206) 749-0194 13 eron@favros.com 14 Attorneys for Plaintiffs/Counterdefendants 15 UNITED STATES DISTRICT COURT 16 DISTRICT OF NEVADA 17 ALLSTATE INSURANCE COMPANY, CASE NO. 2:15-cv-01786-APG-DJA ALLSTATE PROPERTY & CASUALTY 18 INSURANCE COMPANY, ALLSTATE STIPULATION AND ORDER TO INDEMNITY COMPANY, and ALLSTATE SUBSTITUTE REDACTED EXHIBITS 19 FIRE & CASUALTY INSURANCE AND TO SEAL CONFIDENTIAL COMPANY, EXHIBITS IN SUPPORT OF 20 ALLSTATE’S RESPONSE TO RADAR Plaintiffs, PARTIES’ MOTION FOR SUMMARY 21 JUDGMENT v. 22 RUSSELL J. SHAH, MD, DIPTI R. SHAH, 23 MD, RUSSELL J. SHAH, MD, LTD., DIPTI R. SHAH, MD, LTD., and RADAR 24 MEDICAL GROUP, LLP dba UNIVERSITY URGENT CARE, DOES 1-100, and ROES 25 101-200, 26 Defendants. 27 AND RELATED CLAIMS 1 STIPULATION AND ORDER TO SUBSTITUTE REDACTED EXHIBITS AND TO SEAL CONFIDENTIAL EXHIBITS IN SUPPORT OF ALLSTATE’S RESPONSE TO RADAR 2 PARTIES’ MOTION FOR SUMMARY JUDGMENT 3 Plaintiffs/Counterdefendants ALLSTATE INSURANCE COMPANY, ALLSTATE 4 PROPERTY & CASUALTY COMPANY, ALLSTATE INDEMNITY COMPANY, and 5 ALLSTATE FIRE & CASUALTY COMPANY (hereinafter collectively referred to as “Allstate”), 6 and Defendants and Counterclaimant RUSSELL J. SHAH, M.D., DIPTI R. SHAH, M.D., 7 RUSSELL J. SHAH, M.D., LTD., DIPTI R. SHAH, M.D., LTD., and RADAR MEDICAL GROUP, 8 LLP d/b/a UNIVERSITY URGENT CARE (hereinafter collectively referred to as the “Radar 9 Parties”), by and through their respective counsel of record stipulate and agree as follows: 10 1. On April 10, 2023, the Honorable Court issued an Order (ECF No. 556) denying 11 without prejudice Allstate’s Motion For Leave (ECF No. 550) to: 1. Redact Their Response to Radar 12 Parties’ Motion for Summary Judgment (ECF No. 460); and 2. File Under Seal Exhibits in Support 13 of Allstate’s Response to Radar Parties’ Motion for Summary Judgment on Allstate’s Causes of 14 Action in the First Amended Complaint (ECF No. 460) (hereinafter, the “Motion for Leave”). The 15 Court, in denying Allstate’s Motion for Leave, granted Allstate leave to file a renewed Motion to 16 Seal associated with its Response (ECF No. 547) to the Radar Parties’ Motion for Summary 17 Judgment on Allstate’s Causes of Action in its First Amended Complaint (ECF No. 460). 18 2. In consideration of the Court’s Order, the parties met and conferred and reached an 19 agreement as to (i) redactions of Allstate’s Response (ECF No. 547) and certain exhibits submitted 20 in support of the Response, and (ii) confidential exhibits to seal that were submitted in support of 21 Allstate’s Response. 22 3. The parties hereby stipulate to the substitution of Allstate’s Response (ECF No. 547) 23 containing redactions of confidential and/or protected business and/or financial information of the 24 parties and/or private health information of non-parties. The redacted Response is being publicly- 25 filed with the Court. 26 4. The parties hereby stipulate to the substitution of Allstate’s Appendix of Exhibits to 27 Allstate’s Response to Radar Parties’ Motion for Summary Judgment (ECF No. 550-1, Exhibits 1- 1 the parties and/or private health information of non-parties in lieu of sealing the entirety of the 2 following exhibits: 3 a. Exhibit 1: The parties agree that it is appropriate to redact (i) medical 4 information of a non-party, (ii) private business and financial information of the Radar Parties, 5 including information in relation to the Radar Parties’ profit and loss statements, income, salary, 6 and expenses, and (iii) patient/claimant names. As a result, a redacted copy of Exhibit 1 is being 7 publicly-filed with the Court; 8 b. Exhibit 2: The parties agree that it is appropriate to redact (i) private 9 business and financial information of the Radar Parties, including dollar amounts discussed in 10 relation to the Radar Parties’ charges and lien reductions, and (ii) patient/claimant names. As a 11 result, a redacted copy of Exhibit 2 is being publicly-filed with the Court; 12 c. Exhibit 3: The parties agree that it is appropriate to redact 13 patient/claimant names. As a result, a redacted copy of Exhibit 3 is being publicly-filed with the 14 Court; 15 d. Exhibit 4: The parties agree that it is appropriate to redact (i) private 16 business and financial information of the Radar Parties, including dollar amounts discussed in 17 relation to the Radar Parties’ charges and lien reductions, and (ii) patient/claimant names. As a 18 result, a redacted copy of Exhibit 4 is being publicly-filed with the Court; 19 e. Exhibit 6: The parties agree that it is appropriate to redact 20 patient/claimant names. As a result, a redacted copy of Exhibit 6 is being publicly-filed with the 21 Court; 22 f. Exhibit 8: The parties agree that it is appropriate to redact 23 patient/claimant names. As a result, a redacted copy of Exhibit 8 is being publicly-filed with the 24 Court; 25 g. Exhibit 22: The parties agree that it is appropriate to redact private 26 business and financial information of the Radar Parties, including their Tax ID number and dollar 27 amounts billed and paid in relation to Radar Parties’ treatment of the patient/claimants involved in 1 h. Exhibit 25: The parties agree that it is appropriate to redact 2 patient/claimant names. As a result, a redacted copy of Exhibit 25 is being publicly-filed with the 3 Court; 4 i. Exhibit 28: The parties agree that it is appropriate to redact (i) private 5 business and financial information of the Radar Parties, including dollar amounts and percentages 6 discussed in relation to the Radar Parties’ charges and lien reductions, and (ii) patient/claimant 7 names. As a result, a redacted copy of Exhibit 28 is being publicly-filed with the Court; 8 j. Exhibit 30: The parties agree that it is appropriate to redact 9 patient/claimant names. As a result, a redacted copy of Exhibit 30 is being publicly-filed with the 10 Court; 11 k. Exhibit 31: The parties agree that it is appropriate to redact 12 patient/claimant names. As a result, a redacted copy of Exhibit 31 is being publicly-filed with the 13 Court. 14 5. The parties hereby stipulate and agree that the following exhibits to Allstate’s 15 Response to the Radar Parties’ Motion for Summary Judgment should be sealed and that redacting 16 these exhibits is not feasible under the circumstances given the extent of confidential information 17 discussed or contained in them as described below, see, e.g., Ansara v. Maldonado, No. 2:19-cv- 18 01394-GMN-VCF, 2022 WL 17253803, at *3 (D. Nev. Nov. 1, 2022): 19 a. Exhibit 9: The parties agree that the excerpts of deposition testimony 20 from patient/claimant A.G. should be sealed as said testimony contains private and confidential 21 medical/health information of the deponent. As a result, the parties request that Exhibit 9 be sealed. 22 b. Exhibit 10: The parties agree that the excerpts of deposition testimony 23 from patient/claimant G.P. should be sealed as said testimony contains private and confidential 24 medical/health information of the deponent. As a result, the parties request that Exhibit 10 be sealed. 25 c. Exhibit 11: The parties agree that the excerpts of deposition testimony 26 from patient/claimant C.D. should be sealed as said testimony contains private and confidential 27 medical/health information of the deponent. As a result, the parties request that Exhibit 11 be sealed. 1 d. Exhibit 12: The parties agree that the excerpts of deposition testimony 2 from patient/claimant G.V. should be sealed as said testimony contains private and confidential 3 medical/health information of the deponent. As a result, the parties request that Exhibit 12 be sealed. 4 e. Exhibit 13: The parties agree that the excerpts of deposition testimony 5 from patient/claimant Y.W. should be sealed as said testimony contains private and confidential 6 medical/health information of the deponent. As a result, the parties request that Exhibit 13 be sealed. 7 f. Exhibit 14: The parties agree that the excerpts of deposition testimony 8 from patient/claimant R.W. should be sealed as said testimony contains private and confidential 9 medical/health information of the deponent. As a result, the parties request that Exhibit 14 be sealed. 10 g. Exhibit 15: The parties agree that it is appropriate to seal excerpts from 11 the deposition of Peter Grant, M.D. and Dr. Grant’s accompanying expert report as said testimony 12 and document contain (i) private business and financial information of the Radar Parties, including 13 dollar amounts discussed in relation to the Radar Parties’ charges, (ii) patient/claimant names, and 14 (iii) details concerning confidential patient medical records/health information and patient 15 testimony. As a result, the parties request that Exhibit 15 be sealed. 16 h. Exhibit 16: The parties agree that it is appropriate to seal excerpts from 17 the deposition of Kurt Miller, M.D. and Dr. Miller’s accompanying expert report as said testimony 18 and document contain (i) private business and financial information of the Radar Parties, including 19 dollar amounts discussed in relation to the Radar Parties’ charges, (ii) patient/claimant names, and 20 (iii) details concerning confidential patient medical records/health information and patient 21 testimony. As a result, the parties request that Exhibit 16 be sealed. 22 i. Exhibit 17: The parties agree that it is appropriate to seal excerpts from 23 the deposition of Dean Nickles, M.D. and Dr. Nickles’ accompanying expert reports as said 24 testimony and documents contain (i) private business and financial information of the Radar Parties, 25 including dollar amounts discussed in relation to the Radar Parties’ charges, (ii) patient/claimant 26 names, and (iii) details concerning confidential patient medical records/health information and 27 patient testimony. As a result, the parties request that Exhibit 17 be sealed. 1 j. Exhibit 18: The parties agree that it is appropriate to seal excerpts from 2 the deposition of Leslie Dorfman, M.D. and Dr. Dorfman’s accompanying expert report as said 3 testimony and document contain (i) private business and financial information of the Radar Parties, 4 including dollar amounts discussed in relation to the Radar Parties’ charges, (ii) patient/claimant 5 names, and (iii) details concerning confidential patient medical records/health information and 6 patient testimony. As a result, the parties request that Exhibit 18 be sealed. 7 k. Exhibit 19: The parties agree that it is appropriate to seal excerpts from 8 the deposition of Richard Ofstein, M.D. and Dr. Ofstein’s accompanying expert report as said 9 testimony and document contain (i) private business and financial information of the Radar Parties, 10 including dollar amounts discussed in relation to the Radar Parties’ charges, (ii) patient/claimant 11 names, and (iii) details concerning confidential patient medical records/health information and 12 patient testimony. As a result, the parties request that Exhibit 19 be sealed. 13 l. Exhibit 21: The parties agree that medical records of non-party claimants 14 should be sealed as said medical records and related documents contain private and confidential 15 medical/health information of non-parties. As a result, the parties request that Exhibit 21 be sealed. 16 m. Exhibit 23: The parties agree that proprietary business and financial 17 information of the Radar Parties and private information related to non-parties should be sealed. As 18 a result, the parties request that Exhibit 23 be sealed. 19 n. Exhibit 27: The parties agree that Aaron Patterson’s Declaration and its 20 corresponding attachments contain proprietary information as to the claim handling process of 21 Allstate as well as confidential medical/health information of non-party claimants. As a result, the 22 parties request that Exhibit 27 be sealed. 23 6. The parties stipulate and agree that Exhibits 5, 7, 20, 24, 26, 29, and 32 to Allstate’s 24 Response to the Radar Parties’ Motion for Summary Judgment do not require redaction and do not 25 need to be sealed; and thus, they will be publicly-filed. 26 7. If necessary or required by this Court, the parties respectfully request that this 27 Stipulation be treated as a joint motion. 1 8. The parties maintain that compelling reasons exist to justify redacting the Response 2 and sealing/redacting Exhibits to the Response, beyond treatment of the information as confidential 3 pursuant to the terms of the Stipulated Confidentiality Agreement and Protective Order (ECF No. 4 39). See, e.g., Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006). 5 Specifically, and as noted above: 6 a. The Response and exhibits contain or reference private information related 7 to non-parties to this case for which redaction and/or sealing is warranted, see, e.g., Ansara v. 8 Maldonado, No. 2:19-cv-01394-GMN-VCF, 2022 WL 17253803, at *3 (D. Nev. Nov. 1, 2022); 9 Cox v. Lewis, No. 2:20-cv-01792-JCM-BNW, 2022 WL 10632379, at *2 (D. Nev. Oct. 18, 2022); 10 Brodsky v. Baca, No. 3:14-cv-00641-RCJ-WGC, 2015 WL 6962867, at *1 (D. Nev. Nov. 10, 2015); 11 b. The Response and exhibits contain confidential business and financial 12 information related to the Radar Parties for which redaction and/or sealing is warranted, see, e.g., 13 Boca Park Marketplace Syndications Group, LLC v. Ross Dress for Less, Inc., 2:16-cv-01197-RFB- 14 PAL, 2018 WL 1524432, at *5 (D. Nev. Mar. 28, 2018); Koninklijke Philips N.V. v. Elec-Tech Int’l 15 Co., No. 14-cv-02737-BLF, 2015 WL 581574, at *2 (N.D. Cal. Feb. 10, 2015); and/or 16 c. The Response and exhibits contain confidential business information related 17 to Allstate for which redaction and/or sealing is warranted, see, e.g., In re Google Location History 18 Litig., 514 F. Supp. 3d 1147, 1162 (N.D. Cal. 2021); Koninklijke Philips N.V., 2015 WL 581574, at 19 *2. 20 9. The Court has previously recognized that similar information found in exhibits 21 attached to the parties’ briefing on summary judgment is appropriately subject to redaction. See 22 generally Order, filed Feb. 28, 2023 (ECF No. 507); see also Order, filed Apr. 10, 2023 (ECF No. 23 556) (permitting the Radar Parties to redact their Motion for Summary Judgment and to seal/redact 24 exhibits supporting their Motion for Summary Judgment). Such ruling aligns with prior rulings by 25 the Court. See Order, filed Sept. 20, 2016 (ECF No. 67); Order, filed Apr. 4, 2017 (ECF No. 133); 26 Order, filed Apr. 4, 2017 (ECF No. 134); Order Grant. Mots. Seal, filed Jan. 2, 2018 (ECF No. 217). 27 10. For these reasons, the parties respectfully request that the Court approve this 1 a. Enter an Order redacting Allstate’s Response (ECF No. 547) to the Radar 2 Parties’ Motion for Summary Judgment (ECF No. 460); 3 b. Enter an Order redacting Exhibits 1, 2, 3, 4, 6, 8, 22, 25, 28, 30, and 31 to 4 Allstate’s Response (ECF No. 547) to the Radar Parties’ Motion for Summary Judgment (ECF No. 5 460); and 6 c. Enter an Order sealing Exhibits 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21, 7 23, and 27 to Allstate’s Response (ECF No. 547) to the Radar Parties’ Motion for Summary 8 Judgment (ECF No. 460). 9 IT IS SO STIPULATED. 10 Dated: May 1, 2023 Dated: May 1, 2023 11 McCORMICK, BARSTOW, SHEPPARD, BAILEY KENNEDY WAYTE & CARRUTH, LLP 12 13 By: /s/ Todd W. Baxter By: /s/ Joshua P. Gilmore JONATHAN W. CARLSON, ESQ. DENNIS L, KENNEDY, ESQ. 14 TODD W. BAXTER, ESQ. JOSEPH A. LIEBMAN, ESQ. GREGORY S. MASON, ESQ. JOSHUA P. GILMORE, ESQ. 15 8337 West Sunset Road, Suite 350 TAYLER D. BINGHAM, ESQ. Las Vegas, Nevada 89113 8984 Spanish Ridge Avenue 16 Las Vegas, Nevada 89148 ERON Z. CANNON, ESQ. Attorneys for Defendants and 17 JENNIFER M. SMITROVICH, ESQ. Counterclaimant FAIN ANDERSON VANDERHOEF 18 ROSENDAHL O’HALLORAN SPILLANE, PLLC 19 701 Fifth Avenue, Suite 4750 Seattle, Washington 98104 20 Attorneys for Plaintiffs/Counterdefendants 21 22 ORDER 23 Based on the parties’ Stipulation, including the specific factual findings for overcoming the 24 public’s presumptive right of access to judicial records; the standards for seeking to seal or redact 25 documents attached to a dispositive motion pursuant to the Ninth Circuit’s directives in Kamakana 26 v. City and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006), and Ctr. for Auto Safety v. Chrysler 27 Group, LLC, 809 F.3d 1092 (9th Cir. 2016); upon balancing the competing interests of the public 1 IT IS ORDERED that the above Stipulation is GRANTED. 2 IT IS FURTHER ORDERED that compelling reasons exist to redact Allstate’s Response 3 || ECF No. 560 ) to the Radar Parties’ Motion for Summary Judgment (ECF No. 460). 4 IT IS FURTHER ORDERED that compelling reasons exist to redact Exhibits 1, 2, 3, 4, 6, 5 || 8, 22, 25, 28, 30, and 31 to Allstate’s Response (ECF No. 560) to the Radar Parties’ Motion for 6 || Summary Judgment (ECF No. 460). 7 IT IS FURTHER ORDERED that compelling reasons exist to seal Exhibits 9, 10, 11, 12, 8 || 13, 14, 15, 16, 17, 18, 19, 21, 23, and 27 to Allstate’s Response (ECF No. 561 ) to the Radar Parties’ 9 || Motion for Summary Judgment (ECF No. 460). 10 11 IT IS FURTHER ORDERED that Allstate must file unredacted versions of Exhibits 1, 2, 3, 4, 6, 12 |18, 22, 25, 28, 30, and 31 under seal on or before May 30, 2023. 13 IT IS FURTHER ORDERED that the Clerk of Court is kindly directed to STRIKE Allstate's 14 ||Response (ECF No. 547) because it has been replaced by ECF No. 560 and STRIKE Allstate's Exhibits in Support of its Response (ECF No. 548). 15 16 IT IS FURTHER ORDERED that Allstate's Sealed Response (ECF No. 549) shall remain under 17 ||seal. 18 || IT IS FURTHER ORDERED that Allstate's Sealed Exhibit (ECF No. 561) shall remain under seal. 19 20 21 Qe 23 >< < 0) DANIEL J. ALBREGTS 24 UNITED STATES MAGISTRATE JUDGE 25 DATED: May 8, 2023 26 27 28 Were 9 Case No. 2:15-cv-01786-APG-DJA
1 JONATHAN W. CARLSON Nevada Bar No. 10536 2 TODD W. BAXTER Admitted Pro Hac Vice 3 GREGORY S. MASON Admitted Pro Hac Vice 4 McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP 5 8337 West Sunset Road, Suite 350 Las Vegas, Nevada 89113 6 Telephone: (702) 949-1100 Facsimile: (702) 949-1101 7 jonathan.carlson@mccormickbarstow.com todd.baxter@mccormickbarstow.com 8 greg.mason@mccormickbarstow.com 9 ERON Z. CANNON Nevada Bar No. 8013 10 FAIN ANDERSON VANDERHOEF ROSENDAHL O’HALLORAN SPILLANE PLLC 11 701 5th Avenue #4750 Seattle, Washington 98104 12 Telephone: (206) 749-0094 Facsimile: (206) 749-0194 13 eron@favros.com 14 Attorneys for Plaintiffs/Counterdefendants 15 UNITED STATES DISTRICT COURT 16 DISTRICT OF NEVADA 17 ALLSTATE INSURANCE COMPANY, CASE NO. 2:15-cv-01786-APG-DJA ALLSTATE PROPERTY & CASUALTY 18 INSURANCE COMPANY, ALLSTATE INDEX OF ALL EXHIBITS TO INDEMNITY COMPANY, and ALLSTATE ALLSTATE’S RESPONSE TO RADAR 19 FIRE & CASUALTY INSURANCE PARTIES’ MOTION FOR SUMMARY COMPANY, JUDGMENT [Docs 460, 461] 20 Plaintiffs, 21 v. 22 RUSSELL J. SHAH, MD, DIPTI R. SHAH, 23 MD, RUSSELL J. SHAH, MD, LTD., DIPTI R. SHAH, MD, LTD., and RADAR 24 MEDICAL GROUP, LLP dba UNIVERSITY URGENT CARE, DOES 1-100, and ROES 25 101-200, 26 Defendants. 27 AND RELATED CLAIMS 1 TABLE OF CONTENTS 2 3 Ex. Numbering No. Document Description Sequence 4 Excerpts of Dipti Shah Transcript, Volume 1; Advertisement (Ex 6 to D. Shah depo); photo of 000001- 5 1 sign (Ex 8 to D. Shah); photo of sign (Ex 9 to D. 000043 Shah) depo 6 REDACTED 7 Excerpts of Dipti Shah Transcript Volume 2 000044- 2 REDACTED 000058 8 9 Excerpts of Dipti Shah Transcript Volume 3 000059- 3 10 REDACTED 000066 11 Excerpts of Dipti Shah Transcript, Volume 4 4 000067- REDACTED 12 000076 Excerpts of Russell Shah Transcript, Volume 1 13 5 000077- 000094 14 Excerpts of Russell Shah Transcript, Volume 2 6 000095- REDACTED 15 000105 Excerpts of Russell Shah Transcript, Volume 3 16 7 000106- 000110 17 Excerpts of Russell Shah Transcript, Volume 4 8 000111- REDACTED 18 000114 Excerpts of Amanda Golden Transcript 19 9 FILED UNDER SEAL 000115- 000122 20 Excerpts of Gwendolyn Polzin Transcript 10 000123- FILED UNDER SEAL 21 000134 Excerpts of Cynthia Dumas Transcript 22 11 000135- FILED UNDER SEAL 000149 23 Excerpts of Giuliano Vecchione Transcript 12 000150- FILED UNDER SEAL 24 000154 Excerpts of Jacqueline Wagoner Transcript 25 13 000155- FILED UNDER SEAL 000158 26 Excerpts of Reid Wilke Transcript 14 000159- FILED UNDER SEAL 27 000163 1 Ex. Numbering No. Document Description Sequence 2 Excerpts of Dr. Peter Grant Transcript; Excerpts of Dr. Peter Grant Transcript re: report 000164- 3 15 identification; Excerpts of Dr. Peter Grant’s 000220 report 4 FILED UNDER SEAL 5 VOLUME 2 6 Excerpts of Dr. Kurt Miller’s Transcript; excerpts of Dr. Miller’s transcript re report 000221- 7 16 identification; Dr. Miller’s Report 000250 FILED UNDER SEAL 8 Excerpts of Dr. Dean Nickles’ Transcript; 000251- 9 excerpts re report identification; Dr. Nickles’ 000275 17 report; excerpts of supplemental report 10 FILED UNDER SEAL 11 Excerpts of Dr. Leslie Dorfman’s Transcript 000276- 18 FILED UNDER SEAL 000311 12 Excerpts of Dr. Richard Ofstein’s Excerpts of 000312- 13 Dr. Richard Ofstein’s Transcript re: report 000326 19 identification; excerpts of report; Dr. Ofstein’s 14 report Transcript FILED UNDER SEAL 15 Excerpts of Dr. Gary Stanton’s Transcript 000327- 16 20 000332 17 Selected RADAR records from Defendants’ 21 discovery responses 000333- 18 FILED UNDER SEAL 000389 Defendant RADAR’s First Supplemental Responses to 19 Plaintiffs’ First Set of Interrogatories with Table of 000390- 22 Amounts Billed and Amounts Paid to Defendants 000420 20 REDACTED 21 VOLUME 3 22 Selected lien reduction letter exhibits from Dr. 23 23 Dipti Shah’s February 5, 2020 deposition. 000421- FILED UNDER SEAL 000431 24 000432- Excerpts of John Griffith’s Transcript, Volume 1 25 24 000485 26 Excerpts of John Griffith’s Transcript, Volume 2 000486- 25 REDACTED 000492 27 Excerpts of Gina Accola’s Transcript, Volume 1 000493- 26 000513 1 Ex. Numbering No. Document Description Sequence 2 Declaration of Aaron Patterson dated 3/8/23 000514- 3 27 FILED UNDER SEAL 000577 Dipti Shah, Deposition Transcript taken 000578- 4 28 2/5/2020 000589 REDACTED 5 Excerpts of Melissa Hanpft’s Transcript, 8/17/2018 000590- 29 000610 6 Excerpts of Melissa Hanpft’s Transcript, 6/12/2019 000611- 7 30 REDACTED 000630 Excerpts of Dipti Shah Transcript, 4/1/2014 in case 000631- 8 31 Damron v Roger Cross, et al., Case No. A-13-680333 000641 REDACTED 9 Declaration Todd W. Baxter 32 000642- 10 000648 11 003246-001559 8975606.1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27