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Sabata v. Nebraska Department of Correctional Services
United States District Court, D. Nebraska
May 16, 2018
HANNAH SABATA, et al., Plaintiffs,
NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES, et al., Defendants.
STIPULATED PROTECTIVE ORDER
Michael D. Nelson United States Magistrate Judge.
review of the parties' Joint Motion (Filing No.
89) and proposed Stipulated Protective Order emailed to
the undersigned magistrate judge's chambers, IT
IS ORDERED that the Joint Motion for Entry of
Stipulated Protective Order (Filing No. 89) is
granted, and the parties' stipulated protective order is
QUALIFIED PROTECTIVE ORDER
to Fed.R.Civ.P. 26(c) and 45 C.F.R. § 164.512(e)(1), the
Court finds good cause for the issuance of a qualified
protective order and ORDERS as follows:
1. The parties and their attorneys are hereby authorized to
receive, subpoena and transmit “protected health
information” pertaining to Plaintiffs to the extent and
subject to the conditions outlined herein.
2. For the purposes of this qualified protective order,
“protected health information” shall have the
same scope and definition as set forth in 45 C.F.R. §
160.103 and 164.501. Protected health information 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.
3. All “covered entities” (as defined by 45
C.F.R. § 160.103) are hereby authorized to disclose
protected health information pertaining to Plaintiffs to
attorneys representing the Plaintiffs and Defendant in the
4. The parties and their attorneys shall be permitted to use
or disclose the protected health information of Plaintiffs
for purposes of prosecuting or defending this action
including any appeals of this case. This includes, but is not
necessarily limited to, disclosure to their attorneys,
experts, consultants, court personnel, court reporters, copy
services, trial consultants, deponents, witnesses, and other
entities or persons involved in the litigation process.
5. Prior to disclosing Plaintiffs' protected health
information to persons involved in this litigation, counsel
shall inform each such person that Plaintiffs' protected
health information may not be used or disclosed for any
purpose other than this litigation. Counsel shall take all
other reasonable steps to ensure that persons receiving
Plaintiffs' protected health information do not use or
disclose such information for any purpose other than this
6. Within 45 days after the conclusion of the litigation
including appeals, the parties, their attorneys, and any
person or entity in possession of protected health
information received from counsel pursuant to paragraph four
of this Order, shall return Plaintiffs' protected health
information to the covered entity or destroy any and all
copies of protected health information pertaining to
Plaintiff, except that counsel are not required to secure the
return or destruction of protected health information
submitted to the court. In the alterna- tive, counsel shall
protect the confidentiality of the records for so long as
they are retained by counsel or maintained in the Nebraska
State Archives, and shall limit further uses and disclosures
of confidential information as required by this Order.
7. This Order does not control or limit the use of protected
health information pertaining to Plaintiffs that comes into
the possession of the parties or their attorneys from a
source other than a “covered entity, ” as that
term is defined in 45 C.F.R. § 160.103.
8. Nothing in this Order authorizes counsel for the
Defendants to obtain medical records or information through
means other than formal discovery requests, subpoenas,
depositions, pursuant to a patient authorization, or other
9. This Order does not authorize either party to seal court
filings or court proceedings. The Court will make a good
cause determination for filing under seal if and when the
parties seek to file Plaintiffs' protected health
information under seal.
ORDER FOR CONFIDENTIAL ...
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