Judge Robert B. Broadbelt, Case BC649353 2023-02-15 Tentative Ruling

MOVING PARTY: Plaintiff CEP America-California, f/k/a California Emergency Physicians Medical Group d/b/a Vituity

(1) Motion to Seal Exhibits A-D, F, and G to Defendants’ Appendix of Exhibits, and Portions of Defendants’ Motion in Limine No. 1

(3) Motion to Seal Portions of Plaintiff’s Opposition to Defendants’ Motion in Limine No. 1

The court considered the moving papers filed in connection with each motion. No opposition papers were filed.

Generally, court records are presumed to be open unless confidentiality is required by law. (Cal. Rules of Court, rule 2.550, subd. (c).) If the presumption of access applies, the court may order that a record be filed under seal “if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest.” (Cal. Rules of Court, rule 2.550, subd. (d).)

Plaintiff CEP America-California, f/k/a California Emergency Physicians Medical Group now d/b/a Vituity (“Plaintiff”) moves the court for an order filing under seal the following exhibits and portions of documents: (1) exhibits A through D, F, and G to the appendix of exhibits filed by defendants Heritage Provider Network, Inc., Regal Medical Group, Inc., Lakeside Medical Group, Inc., Oasis Independent Medical Associates, Inc., Desert Medical Group, Inc., High Desert Medical Corporation, a Medical Group, Affiliated Doctors of Orange County Medical Group, Bakersfield Family Medical Group, Inc., Sierra Medical Group, Inc., and Coastal Communities Medical Group, Inc. (“Defendants”) in support of Defendants’ motion in limine numbers 1 through 11, and (2) page 3, lines 14 and 16, page 8, lines 10, 23, 24, and 27, page 9, lines 2, 4, 5, 9, 12, 13, 16, and 19, page 10, line 4, and page 13, lines 23, 27, and 28 of Defendants’ motion in limine number 1. Defendants have filed public versions of the exhibits and motion in limine which state that they are redacted.

The court finds that (1) there exists an overriding interest that overcomes the right of public access to the specified exhibits and portions of the motion in limine described above, because they consist of documents that have been designated as confidential or attorney’s eyes only pursuant to a protective order, or contain sensitive information concerning Plaintiff’s rate information, fee schedule, amounts received, and details of contractual agreements between Plaintiff and other payors, (2) the overriding interest supports sealing the record to preserve the confidentiality of such information, (3) a substantial probability exists that the overriding interest will be prejudiced if the record is not sealed, (4) the proposed sealing is narrowly tailored, and (5) no less restrictive means exist to achieve the overriding interest. (Shin Decl., ¶¶ 3-6; Cal. Rules of Ct., rule 2.550, subd. (d).)

Plaintiff moves the court for an order permitting it to file under seal the following exhibits and portions of documents in support of its motions in limine: (1) exhibits G, H, I, J, M, O, and P, as attached to the declaration of Jonathan Shin filed in support of Plaintiff’s motions in limine numbers 1 through 9; (2) exhibits A, B, C, D, E, and F, as attached to the declaration of Glenn Solomon filed in support of Plaintiff’s motion in limine number 6; and (3) page 9, line 22, and page 15, lines 7 through 16 of Plaintiff’s motion in limine number 6.[1] Plaintiff has filed public versions of the declarations and motions in limine, which state that the exhibits described above have been lodged conditionally under seal.

The court finds that (1) there exists an overriding interest not to disclose the specified exhibits and portions of the motion in limine described above that overcomes the right of public access to the record, because they consist of documents designated as confidential or as attorney’s eyes only pursuant to a protective order, or contain sensitive information regarding rates, negotiation of contracts, and settlement discussions, (2) the overriding interest supports sealing the record to preserve the confidentiality of the information, (3) a substantial probability exists that the overriding interest will be prejudiced if the records are not sealed, (4) the proposed sealing is narrowly tailored, and (5) no less restrictive means exist to achieve the overriding interest. (Shin Decl., ¶¶ 3-4; Cal. Rules of Ct., rule 2.550, subd. (d).)

MOTION TO SEAL PORTIONS OF PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION IN LIMINE NO. 1

Plaintiff moves the court for an order permitting it to file under seal the following portions of its opposition to Defendants’ motion in limine number 1: page 10, line 6, and page 14, line 16. Plaintiff has filed a public version of its opposition, which states that it is redacted.

The court finds that (1) there exists an overriding interest that overcomes the right of public access to the specified portions of Plaintiff’s opposition, because they include references to information that was designated attorney’s eyes only, or to sensitive proprietary information, including protected contractual rates received by Plaintiff from nonparty payors and other rate information between the parties, (2) the overriding interest supports sealing the record, (3) a substantial probability exists that the overriding interest will be prejudiced if the record is not sealed, (4) the proposed sealing is narrowly tailored, and (5) no less restrictive means exist to achieve the overriding interest. (Shin Decl., ¶¶ 2-4; Cal. Rules of Ct., rule 2.550, subd. (d).)

The court grants plaintiff CEP America-California, f/k/a California Emergency Physicians Medical Group, d/b/a Vituity’s motion to seal exhibits A-D, F, and G to Defendants’ Appendix of Exhibits in support of Defendants’ motion in limine numbers 1-11, and portions of motion in limine number 1.

The court orders that the unredacted versions of the following exhibits shall be filed under seal: exhibits A, B, C, D, F, and G, as attached to the “Appendix of Exhibits in Support of Defendants’ Motions In Limine One Through Eleven,” filed by defendants Heritage Provider Network, Inc., Regal Medical Group, Inc., Lakeside Medical Group, Inc., Oasis Independent Medical Associates, Inc., Desert Medical Group, Inc., High Desert Medical Corporation, a Medical Group, Affiliated Doctors of Orange County Medical Group, Bakersfield Family Medical Group, Inc., Sierra Medical Group, Inc., and Coastal Communities Medical Group, Inc., on November 28, 2022.

The court orders that the unredacted version including the following portions of “Defendants’ Motion In Limine No. 1 to Exclude the Expert Testimony of Christ Fritz; Declaration of Michael M. Amir” filed by defendants Heritage Provider Network, Inc., Regal Medical Group, Inc., Lakeside Medical Group, Inc., Oasis Independent Medical Associates, Inc., Desert Medical Group, Inc., High Desert Medical Corporation, a Medical Group, Affiliated Doctors of Orange County Medical Group, Bakersfield Family Medical Group, Inc., Sierra Medical Group, Inc., and Coastal Communities Medical Group, Inc. on November 28, 2022, shall be filed under seal: (1) page 3, lines 14 and 16; (2) page 8, lines 10, 23, 24, and 27; (3) page 9, lines 2, 4, 5, 9, 12, 13, 16, and 19; (4) page 10, line 4; and (5) page 13, lines 23, 27, and 28.

The court grants plaintiff CEP America-California, f/k/a California Emergency Physicians Medical Group, d/b/a Vituity’s motion to seal portions of motions in limine nos. 1-9 and exhibits.

The court orders that the unredacted versions of the following exhibits shall be filed under seal: (1) exhibits G, H, I, J, M, O, and P, as attached to the “Declaration of Jonathan Shin in Support of Plaintiff CEP America-California’s Motions in Limine Nos. 1-9,” filed by plaintiff CEP America-California, f/k/a California Emergency Physicians Medical Group, d/b/a Vituity on November 28, 2022, and (2) exhibits A through F, as attached to the “Declaration of Glenn Solomon in Support of Plaintiff’s Motions in Limine No. 6,” filed by plaintiff CEP America-California, f/k/a California Emergency Physicians Medical Group, d/b/a Vituity on November 28, 2022.

The court orders that the unredacted version including the following portions of “Plaintiff’s Notice of Motion and Motion in Limine to Exclude Evidence Suggesting the 2012 Contract Constitutes an Offer to Compromise or a Settlement Agreement,” filed by plaintiff CEP America-California, f/k/a California Emergency Physicians Medical Group, d/b/a Vituity on November 28, 2022, shall be filed under seal: (1) page 9, line 22, and (2) page 15, lines 8-16.

The court grants plaintiff CEP America-California, f/k/a California Emergency Physicians Medical Group, d/b/a Vituity’s motion to seal portions of plaintiff’s opposition to defendants’ motion in limine no. 1.

The court orders that the unredacted version including the following portions of “Plaintiff’s Opposition to Heritage Provider Networks’ Motion in Limine No. 1 to Exclude the Expert Testimony of Chris Fritz,” filed by plaintiff CEP America-California, f/k/a California Emergency Physicians Medical Group, d/b/a Vituity on December 5, 2022, shall be filed under seal: (1) page 10, line 6, and (2) page 14, line 16.

Pursuant to California Rules of Court, rule 2.551, subdivision (e), the court directs the clerk to file this order, maintain the records ordered sealed in a secure manner, and clearly identify the records as sealed by this order.

The court orders plaintiff CEP America-California, f/k/a California Emergency Physicians Medical Group d/b/a Vituity to give notice of this ruling.

[1] The court notes that Plaintiff’s motion to seal states that the portions of motion in limine number 6 to be sealed are on pages 4 and 10; however, the pages of the motion in limine are numbered 9 and 15.

cep america-california f/k/a CALIFORNIA EMERGENCY PHYSICIANS MEDICAL GROUP ; Plaintiff, vs. heritage provider network, inc. , et al.; Defendants.	Case No.:	BC649353

	Hearing Date:	February 15, 2023

	Time:	10:00 a.m.

	[Tentative] Order RE: (1) plaintiff’s motion to seal exhibits a-d, f, and g to defendants’ appendix of exhibits, and portions of defendants’ motion in limine no. 1 (2) plaintiff’s motion to seal portions of motions in limine nos. 1-9 and exhibits (3) plaintiff’s motion to seal portions of plaintiff’s opposition to defendants’ motion in limine no. 1