Integrity Pain Mgmt. v. Davis & Assocs. Med. Consultants

INTEGRITY PAIN MANAGEMENT, PLLC, Appellant, Cross-Appellee, v. DAVIS & ASSOCIATES MEDICAL CONSULTANTS, LLC, Appellee/Cross-Appellant,

No. 04-21-00450-CV

Court of Appeals of Texas, Fourth District, San Antonio

April 12, 2022

From the 408th Judicial District Court, Bexar County, Texas Trial Court No. 2018-CI-23848 Honorable Aaron Haas, Judge Presiding

ORDER

REBECA C. MARTINEZ, CHIEF JUSTICE

Appellee Davis & Associates Medical Consultants, LLC has filed an unopposed motion seeking access to a portion of the record that is sealed. The motion is GRANTED. The clerk of the court is instructed to provide a copy of the sealed record to appellee's attorney on CD-ROM. All parties and their attorneys are ORDERED not to share the contents of the sealed record with any person except to the extent necessary to prepare their respective briefs.

In the trial court, appellee moved to seal portions of the record that include “protected health information of numerous non-party patients to whom medical services were rendered.” Appellee requested certain trial exhibits be sealed and that the trial testimony of three witnesses be sealed in their entirety. The trial court ordered the record sealed as requested. See TEX. R. CIV. P. 76a. The trial court's sealing order appears to be overly broad. See id.; see also Kartsotis v. Bloch, 503 S.W.3d 506, 510 (Tex App.-Dallas 2016, pet. denied). For instance, much of the trial testimony concerns billing disputes, and much of the relevant testimony does not disclose protected health information of non-party patients. We are a court of record and have responsibilities not only to the litigants but also to members of the judiciary, the bar, and the public. R.V.K. v. L.L.K., 103 S.W.3d 612, 614 (Tex. App.-San Antonio 2003, no pet.). We must strike a balance between fulfilling our responsibilities as a court of record and keeping confidential information confidential. See id.; In re Cook, 629 S.W.3d 591, 595 (Tex. App.-Dallas 2021 no pet.) (en banc); Navasota Res., L.P. v. First Source Tex., Inc., 206 S.W.3d 791, 792 (Tex. App.-Waco 2006, no pet.) (Gray, C.J., dissenting).

Therefore in the event the parties reference the sealed record in their respective briefs, they are ORDERED to comply with the following procedure:

1. The party filing the brief must file the brief in paper form only, with a cover letter informing the clerk of this court that the brief references the sealed record. See Tex. R. App. P. 9.2(c)(3) (exception to electronic filing for documents under seal).

2. Concurrently, the party must file a notice

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