United States District Court, D. Nebraska
STIPULATED PROTECTIVE ORDER
R. Zwart United States Magistrate Judge.
the stipulation of the parties, (Filing 112), and the
Court's acceptance of the same, IT IS HEREBY
ORDERED that a Protective Order is granted and
entered as follows:
Nondisclosure of Confidential Documents
"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.
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
Medical Records Treated as Confidential Documents
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.
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.
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.
No. Limitation on Right of Parties to Raise Objections or
File Motions regarding Confidential Documents
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.
Permissible Disclosures of Stamped Confidential
designated as CONFIDENTIAL, including medical records and
other documents containing protected ...