Arkansas Hospice Inc v. Hospice Home Care, et al

Filing 99

CONSENT PROTECTIVE ORDER. Signed by Judge James M. Moody on 4/26/10. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION
UNITED STATES OF AMERICA EX REL., ARKANSAS HOSPICE, INC. VS. NO. 4:04CV00419 JMM PLAINTIFF

HHC, INC.; HHC OF PINE BLUFF, PLLC; CECILIA TROPPOLI; and THERESA TRAVIS, M.D.

DEFENDANTS

CONSENT PROTECTIVE ORDER It has been called to the attention of the court that at issue in this litigation are the medical records of twenty-seven (27) patients of Defendant Hospice Home Care, Inc. It further being called to the attention of the court that the discovery process, including both the exchange of documents and the taking of depositions, will inevitably involve the private medical information contained within these records. By agreement of the parties, the court orders: 1. at issue. 2. The records shall be used only for purposes of litigation and neither the records, The parties and their attorneys and witnesses may exchange the medical records

nor information contained therein, shall be disseminate beyond the parties, their attorneys, and witnesses who must review the records during the litigation process. No party shall disseminate the records, or information contained therein, except as is necessary to prepare for litigation and during litigation. All parties and attorneys shall notify any person to whom the records or information contained therein is disclosed of this order and advise that party to

make no further dissemination of the records, except as required to complete litigation. 3. At the conclusion of the litigation, all records will be returned to the records'

custodian. Any copies of records made during and in preparation for litigation will be destroyed. 4. As the parties anticipate that the records will be reviewed and discussed during

the taking of depositions, all deposition testimony relating to these records, or information taken from the records, shall be under seal, subject to any party's right to have the seal lifted for good cause. It is so ordered this 26th day of April, 2010.

James M. Moody United States District Court Judge

APPROVED BY: JANE W. DUKE UNITED STATES ATTORNEY By /s/ Dan Stripling Dan Stripling Shannon S. Smith Assistant United States Attorney Attorneys for the Plaintiff

APPROVED BY:

Travis J. Morrissey Hurst, Morrissey & Hurst, PLLC 518 Ouachita Avenue Hot Springs, AR 71901
By /s/ Travis J Morrissey Travis J. Morrissey Attorney for Hospice Home Care, Inc., Cecilia Troppoli, and Theresa Travis, M.D.

APPROVED BY:

Mitchell, Blackstock, Barnes, Wagoner, Ivers & Sneddon PLLC Attorneys at Law P. O. Box 1510 Little Rock, AR 72203-1510

By

/s/ Emily J. Sneddon Emily J. Sneddon Attorneys for the Realtor