On June 18, 2024 a
Motion,Ex Parte
was filed
involving a dispute between
Kim, Kay,
and
1, 2, 3, 4, 5, Pac-C 1, Anonymous Md,
Eskenazi Medical Group,
Harris, Lisa,
Murphy, Dennis,
for CT - Civil Tort
in the District Court of Marion County.
Preview
49D01-2406-CT-027073 Filed: 6/18/2024 10:38 AM
Clerk
Marion Superior Court 1 Marion County, Indiana
STATE OF INDIANA ) IN THE MARION SUPERIOR COURT
) SS:
COUNTY OF MARION ) CAUSE NO._______________________
KAY KIM, )
)
Plaintiff, )
)
v. )
)
ANONYMOUS MD #1 )
ANONYMOUS MD #2, )
ANONYMOUS MD #3, )
ANONYMOUS MD #4, )
ANONYMOUS PA-C #1, )
ANONYMOUS MD #5, )
LISA HARRIS CEO OF ESKENAZI HOSPITAL )
DENNIS MUPRHY CEO OF IU HEALTH, )
)
Defendants. )
DENNIS MURPHY’S VERIFIED MOTION TO EXCLUDE FROM PUBLIC ACCESS
Defendant Dennis Murphy (“Murphy”) by counsel and pursuant to Indiana
Access to Court Records Rule 6, respectfully moves the Court to exclude Murphy’s
Motion for Preliminary Determination of Law and Summary Judgment or, in the Alternative, to
Dismiss (the “Brief”) and certain exhibits thereto, filed contemporaneously herewith,
which includes information that would identify the physician defendants.
In support of his motion Murphy respectfully shows the Court:
1
1. Indiana’s Rules on Access to Court Records provide procedures for
excluding court records from public access.
2. The Court may prohibit public access where the “public interest will be
substantially served by prohibiting access” or where “[a]ccess or dissemination of the
Court Record will create a significant risk of substantial harm” to either the requestor or
other persons. ACR R. 6(A)(1), (2).
3. ACR Rule 5(B)(2) provides that Case Records “declared confidential by
Indiana statute or other court rule…shall be excluded from Public Access.” ACR R.
5(B)(2).
4. The Brief and exhibits contain “information that would allow a third party
to identify the defendant.” Ind. Code § 34-18-8-7.
5. I.C. 34-18-8-7 ensures that doctors remain anonymous until the medical
review process is finished and prohibits documents from containing “information that
would allow a third party to identify the defendant.”
6. Murphy requests that that Court set this motion to be heard on a date
convenient to the Court and post a public notice of the hearing on this Motion at a place
accessible to the general public.
7. Murphy has attached to this Motion the Brief (i.e., unredacted document
and exhibits).
2
WHEREFORE, Murphy respectfully requests that the Court set this matter to be
heard on a date convenient to the Court, and following that hearing, enter an Order
prohibiting public access based upon Defendant’s position that the documents should
be sealed from public access.
I affirm, under the penalties for perjury, that the foregoing representations are
true.
/s/ John David Hoover
John David Hoover, #7945-49
Clara P. Gutwein, #36838-49
HOOVER HULL TURNER LLP
111 Monument Circle, Suite 4400
P.O. Box 44989
Indianapolis, IN 46244-0989
(317) 822-4400
(317) 822-0234 (facsimile)
jdhoover@hooverhullturner.com
cgutwein@hooverhullturner.com
Counsel for Defendant Dennis Murphy, CEO
3
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on the 18th day of June, 2024, a true and
complete copy of the foregoing was served via email on:
Kay Kim (chang2597@gmail.com)
4250 Village Pkwy Cir E. Unit 2
Indianapolis, IN 46254
ProSe
Elliott I. Pinkie (epinkie@pinkielaw.com)
PINKIE LAW LLC
212 W. 10th Street, Suite A400
Indianapolis, IN 46202
Patricia B. Freije (Tricia.freije@skofirm.com)
Dominick D. Ellis (Dominick.ellis@skofirm.com)
STOLL KEENON OGDEN PLLC
334 N. Senate Avenue
Indianapolis, IN 46204
Lisa Harris, CEO of Eskenazi Hospital (Thomas.surber@eskenazihealth.edu)
720 Eskenazi Ave.
Indianapolis, IN 46202
/s/ John David Hoover
John David Hoover
HOOVER HULL TURNER LLP
Counsel for Defendant Dennis Murphy
CEO
4
Document Filed Date
June 18, 2024
Case Filing Date
June 18, 2024
Status
06/18/2024 , Pending (active)
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