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Kreifels v. Coventry Health Care of Nebraska, Inc.

United States District Court, Eighth Circuit

June 11, 2013

MICHELLE KREIFELS and DOUGLAS KREIFELS, Plaintiffs,
v.
COVENTRY HEALTH CARE OF NEBRASKA, INC., and COVENTRY HEALTH CARE INC. Defendants.

PROTECTIVE ORDER

CHERYL R. ZWART, Magistrate Judge.

Pursuant Federal Rule of Civil Procedure 26(c) and 45 C.F.R. § 164.512(e), Plaintiffs Michelle Kreifels and Douglas Kreifels and Defendants Coventry Health Care of Nebraska, Inc. and Coventry Health Care, Inc., by and through their undersigned counsel, hereby stipulate and agree to the following Protective Order.

WHEREAS, Plaintiffs and/or Defendants have produced and may be producing documents containing personal, private, confidential or proprietary information ("Confidential Information") as more fully defined below; and

WHEREAS, counsel for the parties are willing to stipulate to the entry of a Protective Order as a condition to the disclosure and use of any such Confidential Information and/or inspection and copying of any such Confidential Information; and

WHEREAS, counsel for the parties agree that a Protective Order containing the terms set forth herein may be entered by the Court without further notice in order to set forth guidelines for the use of Confidential Information.

THE COURT, THEREFORE, ORDERS AS FOLLOWS:

1. The terms and conditions of this Protective Order shall govern initial disclosures, the production and handling of documents, answers to interrogatories, responses to requests for admissions, depositions, pleadings, exhibits, other discovery taken pursuant to the Federal Rules of Civil Procedure, and all other information exchanged by the parties or by any third party in response to discovery requests or subpoenas.

2. "Confidential Information" under this Protective Order is defined as: (a) documents, information and things produced during discovery, or produced pursuant to a subpoena duces tecum or otherwise, (b) evidence adduced before or during trial and portions of testimony to be taken (whether at deposition, hearing or trial), (c) pleadings, affidavits, briefs, motions, transcripts and other writings that may be filed, and (d) various other matters that include data or information, which any party may designate confidential, to contain information sensitive to the parties' business or affairs, to contain trade secrets, to contain confidential or proprietary financial and other information, to contain information relating to non-parties (including personnel records, financial records, medical records, and other confidential personal or business information), or to include confidential patient information, protected health information, or any other identifiable health information as defined by Health Insurance Portability and Accountability Act ("HIPAA").

3. For purposes of this Protective Order, "protected health information" or "PHI" shall have the same scope and definition as set forth in 45 C.F.R. § 160.103. Without limiting the generality of the foregoing, patient health information or "PHI" includes, but is not limited to, health information, including demographic information, relating to either, (a) the past, present or future physical or mental condition of an individual, (b) the provision of care to an individual, or (c) the payment for care provided to an individual, which identifies the individual or which reasonably could be expected to identify the individual.

4. All "covered entities" (as defined by 45 C.F.R. § 160.103) are hereby authorized to disclose PHI pertaining to Michelle Kreifels to all attorneys now of record in this matter or who may become of record in the future of this litigation, pursuant to the terms of this Protective Order.

5. If a party determines that a document or thing which has been or will be furnished, produced or made a part of any pleadings or other papers to be filed, or any briefs, testimony, affidavits or evidence to be offered contains or may contain Confidential Information, the party requesting protection shall designate such document, information, evidence, pleadings, testimony or affidavit as Confidential Information in the following manner:

a. In the case of documents and written materials, the party seeking protection shall stamp or identify as "CONFIDENTIAL" the documents or written materials that will be covered by this Protective Order, except that the parties need not separately stamp or declare PHI as "CONFIDENTIAL" for it to qualify and be treated as Confidential Information.
b. In the case of transcribed hearings, transcribed files, deposition testimony, affidavits, pleadings and other papers or writings to be filed with the Court, by advising the other parties in writing of the portions deemed to be Confidential Information. For testimony taken during a deposition, hearing or other proceeding, testimony that may contain Confidential Information also may be designated as such at the time of the deposition, hearing or proceeding, or promptly afterwards. This section shall not apply to PHI, which the parties need not separately designate or identify "CONFIDENTIAL" for it to qualify and be treated as Confidential Information.
c. In the case of information retained or maintained in a computerized or other machine readable form that has not been transcribed into a printed form, the party seeking protection shall notify the other party of the type or ...

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