United States District Court, D. Nebraska
STIPULATED PROTECTIVE ORDER
R. Zwart United States Magistrate Judge
matter is before the Court on the Parties' Joint Motion
for Entry of Stipulated Protective Order. (Filing No. 89).
The Motion, (Filing No. 89), is granted as outlined below.
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:
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.
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.
“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
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, and other entities or persons
involved in the litigation process.
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
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.
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.
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 lawful process.
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 ...