Robert L. Lepp, #15711, Mary L. Hewitt, #19826, Mathew T. Watson, #23468, McGill, Gotsdiner, Workman & Lepp, P.C., L.L.O., Omaha, NE, Attorneys for Defendants.
Kathleen M. Neary, #20212, Vincent M. Powers & Associates, Lincoln, NE, Attorney for Plaintiff.
CHERYL R. ZWART, Magistrate Judge.
THIS MATTER came before the Court upon the parties' Joint Motion and Stipulation for Protective Order, and the Court, being fully advised in the premises, finds that:
A. Certain documents and other information sought to be discovered and used by the parties in this action contain information that is protected health information under the Health Insurance Portability and Accountability Act ("HIPAA") or otherwise confidential and/or sensitive to the business of Defendants, to Plaintiff, or to persons who are not parties to this action; and
B. Such documents and other things should be protected from disclosure as set forth herein.
NOW THEREFORE, IT IS HEREBY ORDERED AND DECREED as follows:
1. As used herein:
(a) "Document" shall mean any written, printed, typed, graphic, electronically stored or otherwise recorded matter of any kind, however produced or reproduced, including but not limited to:
(i) all originals, nonidentical copies, intermediate drafts and revisions, of any medical records, written notes, working papers, correspondence, memoranda, telegrams, telexes, telecopies, cables, reports, records, books, photographs, journals, pamphlets, circulars, notebooks, calendars, diaries, working papers, records of telephone conversations or meetings, agreements, consultant's reports, studies, guidelines, instructions, interoffice or intraoffice communications, job assignments, lists, manuals, opinions, directories, charts, tabulations, graphs, indexes, catalogs, tables, inventories, data sheets, computer cards, runs and printouts, schedules, notices, files, sound or visual recordings, tapes, films or graphic matter, and anything similar to any of the foregoing, however denominated; and
(ii) affidavits, interrogatories, answers to interrogatories or other litigation materials.
(b) "Furnish" shall mean to provide or deliver a document or produce it, for inspection or review, to any other person or persons, whether voluntarily or involuntarily, whether pursuant to request, interrogatory or process, and whether or not in accordance with the Federal Rules of Civil Procedure and the Civil Rules of the United States District Court for the District of Nebraska.
(c) "Disclose" shall mean to divulge, reveal, describe, summarize, paraphrase, quote, transmit or otherwise communicate information to any other person or persons, whether voluntarily or involuntarily, whether pursuant to request, interrogatory or process, and whether or not in accordance with the Federal Rules of Civil Procedure and the Civil Rules of the United States District Court for the District of Nebraska.
(d) Person" shall mean any individual; corporation; partnership; association; unincorporated organization; city, state or federal government or agency employee; or any other entity, ...