On March 12, 2019 a
Order
was filed
involving a dispute between
Ruiz, Alexander,
and
Loma Linda University Medical Center,
Nabil Koudsi, M.D.,
San Antonio Regional Hospital,
Steven Ernst, M.D.,
for Complaint for Medical Malpractice
in the District Court of San Bernardino County.
Preview
D
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
SAN BERNARDINC- DESTRICT
JUL - 3 2823
BY—Qmm_C;L;¢4C.K.._
JES ICA exam“, uwuw
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
10
11 ALEXANDER RUIZ, CASE NO.: CIVDSl907976
12 Plaintiff, [PR D] ORDER GRANTING
FENDANT STEVEN ERNST, M.D.’S
13 VS'
MOTION TO FILE UNDER SEAL THE
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SAN ANTONIO REGIONAL HOSPITAL,
SETTLEMENT AMOUNT IN
15
LOMA LINDA UNIVERSITY MEDICAL ggglfillgal'erloNNG
Eggn OFEEE
CENTER, STEVEN ERNST, M.D., NABIL
SETTLEMENT
16 KOUDSI, M.D., and DOES through 100, 1
Inclusive, [Filed concurrently with [Proposed] Order; Redacted
17 Notice of Settlement; Redacted Application for Good
Defendants_ Faith Settlement; Unredacted Notice of Settlement
18 Lodged Conditionally Under Seal; and Unredacted
Application for Good Faith Settlement Lodged
19 Conditionally Under Seal]
ASSIGNED FOR ALL PURPOSES TO:
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JUDGE: HON. JOSEPH T. ORTIZ
DEPARTMENT: S17
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DATE: July 17, 2023
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TIME: 9:00 a.m.
23 Complaint Filed: March 12, 2019
Trial Date: July 31, 2023
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On July 17, 2023, in Department S 1 7 of the above—entitled Court, Defendant Steven Ernst,
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M.D.’s Motion t0 File Under Seal the Settlement Amount in their Application for Determining
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Good Faith Settlement came on for hearing. The Court, having read and considered the parties
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papers and oral arguments, finds that:
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I 1
[PRMD] ORDER GRANTING MOTION TO FILE UNDER SEAL THE SETTLEMENT AMOUNT
IN APPLICATION FOR ORDER DETERMINING GOOD FAITH SETTLEMENT
1. Defendant Steven Ernst, M.D. (“Settling Defendant”) and Plaintiff Alexander Ruiz
have overriding interests in protecting the confidential settlement amount listed in Settling
Defendant’s Unredacted Notice of Settlement, and the Unredacted Application for Determining
Good Faith Settlement, previously lodged conditionally under seal, that overcome the right of
public access to these records and is sufficient to support their sealing.
2. If the records are not sealed, there is a substantial probability that Settling
Defendant and Plaintiff will be prejudiced.
\OOOQG
3. The sealing is narrowly tailored to the settlement amount only and is the least
restrictive means to achieve the overriding interest.
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Therefore, IT IS ORDERED THAT the motion t0 file under seal is GRANTED. The
settlement amount listed in Settling Defendant’s Unredacted Notice of Settlement pursuant to
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Code of Civil Procedure section 877.6(a)(2), and the Unredacted Application for Determining
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Good Faith Settlement pursuant to Code of Civil Procedure section 877.6, are hereby sealed.
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IT IS SO ORDERED.
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Dated:
i
/
7
,2023 fl
THE HONORABLEJOSEPH T.DRTIZ
JUDGE OF THE SUPERIOR COURT
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27
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[PRO
1
D]
2
ORDER GRANTING MOTION TO FILE UNDER SEAL THE SETTLEMENT AMOUNT
IN APPLICATION FOR ORDER DETERMINING GOOD FAITH SETTLEMENT
Document Filed Date
July 03, 2023
Case Filing Date
March 12, 2019
Category
Complaint for Medical Malpractice
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D SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO SAN BERNARDINC- DESTRICT JUL - 3 2823 BY—Qmm_C;L;¢4C.K.._ JES ICA exam“, uwuw SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO 10 11 ALEXANDER RUIZ, CASE NO.: CIVDSl907976 12 Plaintiff, [PR D] ORDER GRANTING FENDANT STEVEN ERNST, M.D.’S 13 VS' MOTION TO FILE UNDER SEAL THE 14 SAN ANTONIO REGIONAL HOSPITAL, SETTLEMENT AMOUNT IN 15 LOMA LINDA UNIVERSITY MEDICAL ggglfillgal'erloNNG Eggn OFEEE CENTER, STEVEN ERNST, M.D., NABIL SETTLEMENT 16 KOUDSI, M.D., and DOES through 100, 1 Inclusive, [Filed concurrently with [Proposed] Order; Redacted 17 Notice of Settlement; Redacted Application for Good Defendants_ Faith Settlement; Unredacted Notice of Settlement 18 Lodged Conditionally Under Seal; and Unredacted Application for Good Faith Settlement Lodged 19 Conditionally Under Seal] ASSIGNED FOR ALL PURPOSES TO: 20 JUDGE: HON. JOSEPH T. ORTIZ DEPARTMENT: S17 21 DATE: July 17, 2023 22 TIME: 9:00 a.m. 23 Complaint Filed: March 12, 2019 Trial Date: July 31, 2023 24 On July 17, 2023, in Department S 1 7 of the above—entitled Court, Defendant Steven Ernst, 25 M.D.’s Motion t0 File Under Seal the Settlement Amount in their Application for Determining 26 Good Faith Settlement came on for hearing. The Court, having read and considered the parties 27 papers and oral arguments, finds that: 28 I 1 [PRMD] ORDER GRANTING MOTION TO FILE UNDER SEAL THE SETTLEMENT AMOUNT IN APPLICATION FOR ORDER DETERMINING GOOD FAITH SETTLEMENT 1. Defendant Steven Ernst, M.D. (“Settling Defendant”) and Plaintiff Alexander Ruiz have overriding interests in protecting the confidential settlement amount listed in Settling Defendant’s Unredacted Notice of Settlement, and the Unredacted Application for Determining Good Faith Settlement, previously lodged conditionally under seal, that overcome the right of public access to these records and is sufficient to support their sealing. 2. If the records are not sealed, there is a substantial probability that Settling Defendant and Plaintiff will be prejudiced. \OOOQG 3. The sealing is narrowly tailored to the settlement amount only and is the least restrictive means to achieve the overriding interest. 10 Therefore, IT IS ORDERED THAT the motion t0 file under seal is GRANTED. The settlement amount listed in Settling Defendant’s Unredacted Notice of Settlement pursuant to 11 Code of Civil Procedure section 877.6(a)(2), and the Unredacted Application for Determining 12 Good Faith Settlement pursuant to Code of Civil Procedure section 877.6, are hereby sealed. 13 14 IT IS SO ORDERED. 15 16 17 Dated: i / 7 ,2023 fl THE HONORABLEJOSEPH T.DRTIZ JUDGE OF THE SUPERIOR COURT 18 19 20 21 22 23 24 25 26 27 28 [PRO 1 D] 2 ORDER GRANTING MOTION TO FILE UNDER SEAL THE SETTLEMENT AMOUNT IN APPLICATION FOR ORDER DETERMINING GOOD FAITH SETTLEMENT