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Tolston v. Charles Drew Health Center, Inc.

United States District Court, D. Nebraska

April 14, 2017

MONIQUE TOLSTON, Plaintiff,
v.
CHARLES DREW HEALTH CENTER, INC. Defendant.

          STIPULATED PROTECTIVE ORDER

          F.A. Gossett, III United States Magistrate Judge

         Upon the stipulation of the parties, and the Court's acceptance of the same, IT IS HEREBY ORDERED that a Protective Order is granted and entered as follows:

         1. Nondisclosure of Confidential Documents

         (a) "Document" means, without limiting its generality, any physical thing containing information or any written, recorded, graphic or other matter, whether produced, printed, reproduced, or stored on paper, cards, tapes, disks, belts, charges, film, computer storage devices, automated dialing systems, or any other medium, including but not limited to all documents necessary to the comprehension or understandings of any designated document, such as an automated dialing system user manual, and includes, but is not limited to, originals, drafts, redrafts, and each separate copy of each document.

         (b) Except with prior written consent of the party designating a document to be protected from disclosure, no document designated as CONFIDENTIAL may be disclosed to any person or entity other than those listed in Paragraph 4. A party who produces material may designate it as CONFIDENTIAL if the party in good faith believes it contains proprietary information, privileged information, and non-public financial or business information. A document designated as CONFIDENTIAL means any document which bears the legend "CONFIDENTIAL".

         2. Medical Records Treated as Confidential Documents

         (a) The Court specifically authorizes the parties to disclose patient medical records, including protected health information, to the extent the parties are obligated to do so pursuant to the Federal Rules of Civil Procedure and Orders of this Court. Such medical records shall be designated as CONFIDENTIAL and treated as such, even if they do not bear the legend "CONFIDENTIAL", and shall only be disclosed to persons or entities set forth in Paragraph 4.

         (b) The authorization for disclosure of medical records, including protected health information, as defined in 45 C.F.R. § 106.103, is for the express purpose of legal proceedings in this matter, including any testimony. In compliance with the HIPAA regulations, 45 C.F.R. § 164.512(e)(1)(v), the parties and their counsel of record are prohibited from using or disclosing the medical records, including protected health information, for any purpose other than the above-captioned proceeding and must destroy or return the medical records and any documents or other materials containing protected health information, including any copies thereof, to the producing party within thirty (30) days from the conclusion of this proceeding, inclusive of appellate action.

         (c) Medical records and any other documents containing protected health information may be disclosed to persons or entities listed in Paragraph 4 for the purposes of this litigation.

         3. No Limitation on Right of Parties to Raise Objections or File Motions regarding Confidential Documents

         (a) This Stipulated Protective Order shall be without prejudice to the right of any party to: bring before the Court at any time the question of whether any information or documents are confidential; object to the production of any information or documents it reasonably considers not subject to discovery or object to their use at trial; and/or apply to or move the Court for an order compelling production of information or documents or modifying this Stipulated Protective Order.

         4. Permissible Disclosures of Stamped Confidential Documents

         Documents designated as CONFIDENTIAL, including medical records and other documents containing protected health information, may be disclosed to: (a) the parties and their legal counsel in these proceedings;

(b) partners, associates, secretaries, paralegal assistants, and employees of such counsel to the extent reasonably necessary to render ...

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