http://www.nytimes.com/2016/03/19/business/media/sumner-redstones-medical-records-to-stay-private-judge-rules.html?ref=media&_r=0

By EMILY STEELMARCH 18, 2016

The medical records of the media mogul Sumner M. Redstone will remain 
confidential, but some other
court documents, including emails written by his nurses and a letter from Mr. 
Redstone to his
daughter, Shari, will be made public, a California judge ruled on Friday.

A total of 15 documents will be unsealed, Judge David J. Cowan of the Los 
Angeles County Superior
Court said.

The decision is a part of the salacious court battle over the mental competence 
of the ailing 92-year-old
Mr. Redstone, whose lawyers requested that the judge keep the documents under 
seal to protect his
privacy.

In the suit, Manuela Herzer, a former companion and onetime romantic partner, 
claims that Mr. Redstone
was not mentally competent when he removed her from a directive that would have 
put her in charge of
his health care. Lawyers for Mr. Redstone have called the suit meritless and 
asked that it be dismissed.

Ms. Herzer has said that her top priority is Mr. Redstone’s well-being; lawyers 
for Mr. Redstone have said
that she is after his money.

Ms. Herzer, The Los Angeles Times, The Hollywood Reporter and Variety Media 
requested that the court
restrict which documents related to the case should be designated confidential, 
arguing that the privacy
interests of Mr. Redstone should not override the public’s right to know the 
details of the case.

Mr. Redstone was executive chairman of CBS and Viacom until February, when he 
ceded the titles. He
remains chairman emeritus of both companies and holds about 80 percent of the 
voting shares in CBS
and Viacom.

While the case concerns his personal life, it could have major implications for 
the two entertainment
companies. Philippe P. Dauman, Viacom’s chief executive, has been ordered to 
sit for a deposition in the
case.

Judge Cowan said the medical records would remain sealed because the case was a 
personal matter
centered on Mr. Redstone’s medical issues, not a case involving his public 
business dealings.

Gabrielle A. Vidal, a chairman of trust and estate litigation at the law firm 
Loeb & Loeb, which represents
Mr. Redstone, applauded the court’s decision and “its continued regard for his 
privacy and dignity in this
proceeding.”

“By opposing the sealing of Mr. Redstone’s private records, Ms. Herzer once 
again proved her utter
disregard for Mr. Redstone’s wishes and best interests,” Ms. Vidal said.

Pierce O’Donnell, a lawyer for Ms. Herzer, said the judge’s ruling showed that 
“the First Amendment’s
interest has been deferred.”

He said depositions were scheduled to take place in early April for Mr. Dauman 
and Ms. Redstone. “We
believe the trial will be a classic drama of what happens to elderly persons of 
great financial means when
they are no longer able to protect themselves,” Mr. O’Donnell said.
A trial is scheduled for May 6.


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