United States District Court, D. Nebraska
STIPULATED PROTECTIVE ORDER
M. Bazis, United States Magistrate Judge.
matter is before the Court on the parties' Joint Motion
for Protective Order. (Filing No. 54.) The motion is
granted. Accordingly, IT IS ORDERED that the Stipulated
Protective Order is entered as follows:
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 the Plaintiff 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 the Plaintiff to attorneys
representing the Plaintiff and Defendants in the
parties and their attorneys shall only be permitted to use or
disclose the protected health information of the Plaintiff
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.
Prior to disclosing the protected health information of the
Plaintiff to persons involved in this litigation, counsel
shall inform each such person that such 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 such
protected health information do not use or disclose such
information for any purpose other than this litigation.
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 the protected health information
of the Plaintiff to the covered entity or destroy any and all
copies of protected health information pertaining to the
Plaintiff, except that counsel are not required to secure the
return or destruction of protected health information
submitted to the court. In the alternative, 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.
Order does not control or limit the use of protected health
information pertaining to the Plaintiff 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 file the protected health information of the
Plaintiff under seal.
ORDER FOR CONFIDENTIAL ...