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Spessard v. Mutual of Omaha Insurance Company, Inc.

United States District Court, D. Nebraska

September 16, 2016

SANDRA L. SPESSARD, Plaintiff,
v.
MUTUAL OF OMAHA INSURANCE COMPANY, INC., a Nebraska corporation, Defendant.

          PROTECTIVE ORDER

          Cheryl R. Zwart United States Magistrate Judge

         This matter came before the Court upon the Joint Stipulation for Protective Order filed by the parties in the above-captioned matter. The Court, being fully advised in the premises, hereby finds as follows:

         IT IS HEREBY ORDERED that the Joint Stipulation for Protective Order is granted.

         IT IS FURTHER ORDERED that the Parties are limited in their disclosure and use of confidential and proprietary information as follows:

         1. The parties to this Agreement, Plaintiff, and Defendant have agreed that certain documents and information to be produced in the above-referenced litigation (the “Lawsuit”) should be treated as “Confidential Information” and shall be used only for purposes of the Lawsuit. The parties agree that such Confidential Information, as described in Paragraph 2, should be given the protection of an Order of this Court to prevent injury to the parties or others through disclosures to persons other than those persons involved in the prosecution of the Lawsuit. The parties agree that the public's right of access to such information is outweighed by the potentially significant public and private harm to the parties and such information should be protected. While the information may be produced in connection with the Lawsuit, the use and dissemination of such information should be limited by the terms of this Protective Order to prevent the possibility of subjecting the producing or disclosing party to competitive or financial injury or potential legal liability to third parties. Moreover, by delineating particular information as “Confidential” herein, the parties are not conceding that such information or documents should be produced during the Lawsuit or otherwise, and reserve any and all objections they may have to such production.

         2. Confidential Information: Information and documents that may be designated as “Confidential” include, but are not limited to, trade secrets, confidential or proprietary non-public financial information, operational data, business plans, competitive analyses, personal information that is protected by law, confidential patient information, protected health information, or any other identifiable health information as defined by the Health Insurance Protection and Accountability Act (“HIPAA”), and other sensitive information that, if not restricted as set forth in this order, may subject the producing or disclosing person to competitive or financial injury or potential legal liability to third parties. A party shall designate as Confidential Information only such information that the party in good faith believes in fact is confidential. Information that is generally available to the public, such as public filings, catalogues, advertising materials, and the like, shall not be designated as Confidential.

         3. For purposes of this Stipulated 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, protected 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 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 Stipulated Protective Order.

         5. Disclosure of Confidential Information: All information or documents produced in this case and designated as Confidential, including, but not limited to, HIPAA-protected health information, may only be disclosed to the following persons:

a. the parties, employees of the parties whose assistance is needed by counsel for purposes of this litigation, and the parties' attorneys of record in this action;
b. the members or employees of the law firms of the attorneys of record who are involved with the prosecution or defense of the litigation;
c. Court personnel and stenographic reporters, engaging in such proceedings as are necessarily incident to the preparation for trial (e.g., depositions) and/or trial of this action;
d. any witnesses in trial or deposition;
e. any arbitrator, mediator, or other alternative dispute resolution facilitator in front of whom the parties agree to ...

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