Allstate Insurance Company et al v. Shah, MD et al, No. 2:2015cv01786 - Document 564 (D. Nev. 2023)
Court Description: ORDER Granting 559 Stipulation to Substitute Redacted Exhibits and to Seal Confidential Exhibits. IT IS FURTHER ORDERED that Allstate must file unredacted versions of Exhibits 1, 2, 3, 4, 6, 8, 22, 25, 28, 30, and 31 under seal on or before 5/30/2023. See Order for Details. Signed by Magistrate Judge Daniel J. Albregts on 5/8/2023. (Copies have been distributed pursuant to the NEF - JQC)
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Allstate Insurance Company et al v. Shah, MD et al Doc. 564 Case 2:15-cv-01786-APG-DJA Document 559 Filed 05/01/23 Page 1 of 9 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, ALLSTATE PROPERTY & CASUALTY 18 INSURANCE COMPANY, ALLSTATE INDEMNITY COMPANY, and ALLSTATE 19 FIRE & CASUALTY INSURANCE COMPANY, 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 CASE NO. 2:15-cv-01786-APG-DJA STIPULATION AND ORDER TO SUBSTITUTE REDACTED EXHIBITS AND TO SEAL CONFIDENTIAL EXHIBITS IN SUPPORT OF ALLSTATE’S RESPONSE TO RADAR PARTIES’ MOTION FOR SUMMARY JUDGMENT Defendants. 27 AND RELATED CLAIMS 28 MCCORMICK, BARSTOW, SHEPPARD, W AYTE & CARRUTH LLP 8337 W. SUNSET RD, SUITE 350 LAS VEGAS, NV 89113 Case No. 2:15-cv-01786-APG-DJA STIPULATION AND ORDER TO SUBSTITUTE REDACTED EXHIBITS AND TO SEAL CONFIDENTIAL EXHIBITS IN SUPPORT OF ALLSTATE’S RESPONSE TO RADAR PARTIES’ MOTION FOR SUMMARY JUDGMENT Dockets.Justia.com Case 2:15-cv-01786-APG-DJA Document 559 Filed 05/01/23 Page 2 of 9 1 2 3 STIPULATION AND ORDER TO SUBSTITUTE REDACTED EXHIBITS AND TO SEAL CONFIDENTIAL EXHIBITS IN SUPPORT OF ALLSTATE’S RESPONSE TO RADAR PARTIES’ MOTION FOR SUMMARY JUDGMENT 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 publicly25 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 128 32), containing redactions of confidential and/or protected business and/or financial information of MCCORMICK, BARSTOW, SHEPPARD, W AYTE & CARRUTH LLP 8337 W. SUNSET RD, SUITE 350 LAS VEGAS, NV 89113 2 Case No. 2:15-cv-01786-APG-DJA STIPULATION AND ORDER TO SUBSTITUTE REDACTED EXHIBITS AND TO SEAL CONFIDENTIAL EXHIBITS IN SUPPORT OF ALLSTATE’S RESPONSE TO RADAR PARTIES’ MOTION FOR SUMMARY JUDGMENT Case 2:15-cv-01786-APG-DJA Document 559 Filed 05/01/23 Page 3 of 9 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 28 this case. As a result, a redacted copy of Exhibit 22 is being publicly-filed with the Court; MCCORMICK, BARSTOW, SHEPPARD, W AYTE & CARRUTH LLP 8337 W. SUNSET RD, SUITE 350 LAS VEGAS, NV 89113 3 Case No. 2:15-cv-01786-APG-DJA STIPULATION AND ORDER TO SUBSTITUTE REDACTED EXHIBITS AND TO SEAL CONFIDENTIAL EXHIBITS IN SUPPORT OF ALLSTATE’S RESPONSE TO RADAR PARTIES’ MOTION FOR SUMMARY JUDGMENT Case 2:15-cv-01786-APG-DJA Document 559 Filed 05/01/23 Page 4 of 9 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-cv18 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. 28 MCCORMICK, BARSTOW, SHEPPARD, W AYTE & CARRUTH LLP 8337 W. SUNSET RD, SUITE 350 LAS VEGAS, NV 89113 4 Case No. 2:15-cv-01786-APG-DJA STIPULATION AND ORDER TO SUBSTITUTE REDACTED EXHIBITS AND TO SEAL CONFIDENTIAL EXHIBITS IN SUPPORT OF ALLSTATE’S RESPONSE TO RADAR PARTIES’ MOTION FOR SUMMARY JUDGMENT Case 2:15-cv-01786-APG-DJA Document 559 Filed 05/01/23 Page 5 of 9 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. 28 / / / MCCORMICK, BARSTOW, SHEPPARD, W AYTE & CARRUTH LLP 8337 W. SUNSET RD, SUITE 350 LAS VEGAS, NV 89113 5 Case No. 2:15-cv-01786-APG-DJA STIPULATION AND ORDER TO SUBSTITUTE REDACTED EXHIBITS AND TO SEAL CONFIDENTIAL EXHIBITS IN SUPPORT OF ALLSTATE’S RESPONSE TO RADAR PARTIES’ MOTION FOR SUMMARY JUDGMENT Case 2:15-cv-01786-APG-DJA Document 559 Filed 05/01/23 Page 6 of 9 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. 28 / / / MCCORMICK, BARSTOW, SHEPPARD, W AYTE & CARRUTH LLP 8337 W. SUNSET RD, SUITE 350 LAS VEGAS, NV 89113 6 Case No. 2:15-cv-01786-APG-DJA STIPULATION AND ORDER TO SUBSTITUTE REDACTED EXHIBITS AND TO SEAL CONFIDENTIAL EXHIBITS IN SUPPORT OF ALLSTATE’S RESPONSE TO RADAR PARTIES’ MOTION FOR SUMMARY JUDGMENT Case 2:15-cv-01786-APG-DJA Document 559 Filed 05/01/23 Page 7 of 9 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-RFB14 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 28 Stipulation and grant the following relief: MCCORMICK, BARSTOW, SHEPPARD, W AYTE & CARRUTH LLP 8337 W. SUNSET RD, SUITE 350 LAS VEGAS, NV 89113 7 Case No. 2:15-cv-01786-APG-DJA STIPULATION AND ORDER TO SUBSTITUTE REDACTED EXHIBITS AND TO SEAL CONFIDENTIAL EXHIBITS IN SUPPORT OF ALLSTATE’S RESPONSE TO RADAR PARTIES’ MOTION FOR SUMMARY JUDGMENT Case 2:15-cv-01786-APG-DJA Document 559 Filed 05/01/23 Page 8 of 9 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, WAYTE & CARRUTH, LLP BAILEY KENNEDY 12 13 14 15 16 17 18 19 20 By: /s/ Todd W. Baxter JONATHAN W. CARLSON, ESQ. TODD W. BAXTER, ESQ. GREGORY S. MASON, ESQ. 8337 West Sunset Road, Suite 350 Las Vegas, Nevada 89113 By: /s/ Joshua P. Gilmore DENNIS L, KENNEDY, ESQ. JOSEPH A. LIEBMAN, ESQ. JOSHUA P. GILMORE, ESQ. TAYLER D. BINGHAM, ESQ. 8984 Spanish Ridge Avenue Las Vegas, Nevada 89148 Attorneys for Defendants and Counterclaimant ERON Z. CANNON, ESQ. JENNIFER M. SMITROVICH, ESQ. FAIN ANDERSON VANDERHOEF ROSENDAHL O’HALLORAN SPILLANE, PLLC 701 Fifth Avenue, Suite 4750 Seattle, Washington 98104 Attorneys for Plaintiffs/Counterdefendants 21 ORDER 22 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 28 and the parties; and good cause appearing, MCCORMICK, BARSTOW, SHEPPARD, W AYTE & CARRUTH LLP 8337 W. SUNSET RD, SUITE 350 LAS VEGAS, NV 89113 8 Case No. 2:15-cv-01786-APG-DJA STIPULATION AND ORDER TO SUBSTITUTE REDACTED EXHIBITS AND TO SEAL CONFIDENTIAL EXHIBITS IN SUPPORT OF ALLSTATE’S RESPONSE TO RADAR PARTIES’ MOTION FOR SUMMARY JUDGMENT Case 2:15-cv-01786-APG-DJA Document 559 Filed 05/01/23 Page 9 of 9 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. 560 547) 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. 560 547) 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. 561 547) to the Radar Parties’ 9 Motion for Summary Judgment (ECF No. 460). 10 IT IS SO ORDERED. 11 IT IS FURTHER ORDERED that Allstate must file unredacted versions of Exhibits 1, 2, 3, 4, 6, 12 8, 22, 25, 28, 30, and 31 under seal on or before May 30, 2023. UNITED STATES DISTRICT JUDGE 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. DATED: 548). 15 9083719.1 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 22 23 24 25 ________________________________________ DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE DATED: May 8, 2023 26 27 28 MCCORMICK, BARSTOW, SHEPPARD, W AYTE & CARRUTH LLP 8337 W. SUNSET RD, SUITE 350 LAS VEGAS, NV 89113 9 Case No. 2:15-cv-01786-APG-DJA STIPULATION AND ORDER TO SUBSTITUTE REDACTED EXHIBITS AND TO SEAL CONFIDENTIAL EXHIBITS IN SUPPORT OF ALLSTATE’S RESPONSE TO RADAR PARTIES’ MOTION FOR SUMMARY JUDGMENT Case 2:15-cv-01786-APG-DJA Document 559-1 Filed 05/01/23 Page 1 of 4 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, ALLSTATE PROPERTY & CASUALTY 18 INSURANCE COMPANY, ALLSTATE INDEMNITY COMPANY, and ALLSTATE 19 FIRE & CASUALTY INSURANCE COMPANY, 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 28 MCCORMICK, BARSTOW, SHEPPARD, W AYTE & CARRUTH LLP 8337 W. SUNSET RD, SUITE 350 LAS VEGAS, NV 89113 CASE NO. 2:15-cv-01786-APG-DJA INDEX OF ALL EXHIBITS TO ALLSTATE’S RESPONSE TO RADAR PARTIES’ MOTION FOR SUMMARY JUDGMENT [Docs 460, 461] Case 2:15-cv-01786-APG-DJA Document 559-1 Filed 05/01/23 Page 2 of 4 1 TABLE OF CONTENTS 2 3 4 5 Document Description 1 Excerpts of Dipti Shah Transcript, Volume 1; Advertisement (Ex 6 to D. Shah depo); photo of sign (Ex 8 to D. Shah); photo of sign (Ex 9 to D. Shah) depo REDACTED 2 Excerpts of Dipti Shah Transcript Volume 2 REDACTED 000044000058 3 Excerpts of Dipti Shah Transcript Volume 3 REDACTED 000059000066 4 Excerpts of Dipti Shah Transcript, Volume 4 REDACTED 000067000076 5 Excerpts of Russell Shah Transcript, Volume 1 000077000094 6 Excerpts of Russell Shah Transcript, Volume 2 REDACTED 000095000105 7 Excerpts of Russell Shah Transcript, Volume 3 000106000110 8 Excerpts of Russell Shah Transcript, Volume 4 REDACTED 000111000114 9 Excerpts of Amanda Golden Transcript FILED UNDER SEAL 000115000122 10 Excerpts of Gwendolyn Polzin Transcript FILED UNDER SEAL 000123000134 11 Excerpts of Cynthia Dumas Transcript FILED UNDER SEAL 000135000149 12 Excerpts of Giuliano Vecchione Transcript FILED UNDER SEAL 000150000154 13 Excerpts of Jacqueline Wagoner Transcript FILED UNDER SEAL 000155000158 14 Excerpts of Reid Wilke Transcript FILED UNDER SEAL 000159000163 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Numbering Sequence Ex. No. 28 MCCORMICK, BARSTOW, SHEPPARD, W AYTE & CARRUTH LLP 8337 W. SUNSET RD, SUITE 350 LAS VEGAS, NV 89113 2 000001000043 Case 2:15-cv-01786-APG-DJA Document 559-1 Filed 05/01/23 Page 3 of 4 1 2 3 Document Description 15 Excerpts of Dr. Peter Grant Transcript; Excerpts of Dr. Peter Grant Transcript re: report identification; Excerpts of Dr. Peter Grant’s report FILED UNDER SEAL 4 5 000164000220 VOLUME 2 16 Excerpts of Dr. Kurt Miller’s Transcript; excerpts of Dr. Miller’s transcript re report identification; Dr. Miller’s Report FILED UNDER SEAL 17 Excerpts of Dr. Dean Nickles’ Transcript; excerpts re report identification; Dr. Nickles’ report; excerpts of supplemental report FILED UNDER SEAL 000251000275 18 Excerpts of Dr. Leslie Dorfman’s Transcript FILED UNDER SEAL 000276000311 000312000326 19 Excerpts of Dr. Richard Ofstein’s Excerpts of Dr. Richard Ofstein’s Transcript re: report identification; excerpts of report; Dr. Ofstein’s report Transcript FILED UNDER SEAL 20 Excerpts of Dr. Gary Stanton’s Transcript 000327000332 6 7 Numbering Sequence Ex. No. 000221000250 8 9 10 11 12 13 14 15 16 17 18 21 19 20 22 Selected RADAR records from Defendants’ discovery responses FILED UNDER SEAL Defendant RADAR’s First Supplemental Responses to Plaintiffs’ First Set of Interrogatories with Table of Amounts Billed and Amounts Paid to Defendants REDACTED 000333000389 000390000420 21 VOLUME 3 22 23 Selected lien reduction letter exhibits from Dr. Dipti Shah’s February 5, 2020 deposition. FILED UNDER SEAL 000421000431 25 24 Excerpts of John Griffith’s Transcript, Volume 1 000432000485 26 25 Excerpts of John Griffith’s Transcript, Volume 2 REDACTED Excerpts of Gina Accola’s Transcript, Volume 1 000486000492 000493000513 23 24 27 26 28 MCCORMICK, BARSTOW, SHEPPARD, W AYTE & CARRUTH LLP 8337 W. SUNSET RD, SUITE 350 LAS VEGAS, NV 89113 3 Case 2:15-cv-01786-APG-DJA Document 559-1 Filed 05/01/23 Page 4 of 4 1 2 3 4 5 Ex. No. Document Description 27 Declaration of Aaron Patterson dated 3/8/23 FILED UNDER SEAL Dipti Shah, Deposition Transcript taken 2/5/2020 REDACTED Excerpts of Melissa Hanpft’s Transcript, 8/17/2018 28 29 6 7 8 9 30 31 32 Excerpts of Melissa Hanpft’s Transcript, 6/12/2019 REDACTED Excerpts of Dipti Shah Transcript, 4/1/2014 in case Damron v Roger Cross, et al., Case No. A-13-680333 REDACTED Declaration Todd W. Baxter 003246-001559 8975606.1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MCCORMICK, BARSTOW, SHEPPARD, W AYTE & CARRUTH LLP 8337 W. SUNSET RD, SUITE 350 LAS VEGAS, NV 89113 000590000610 000611000630 000631000641 000642000648 10 11 Numbering Sequence 000514000577 000578000589 4
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