Whitley v. Baptist Health et al

Filing 149

SECOND AMENDED AGREED PROTECTIVE ORDER. Signed by Chief Judge D. P. Marshall Jr. on 1/22/2020. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
BRIAN WHITLEY, INDIVIDUALLY, AND ON
BEHALF OF ALL OTHERS SIMILARLY SITUATED
V.

PLAINTIFF

NO. 4:16-CV-00624-DPM

BAPTIST HEALTH; BAPTIST HEALTH HOSPITALS;
DIAMOND RISK INSURANCE, LLC;
CONTINENTAL CASUALTY COMPANY;
ADMIRAL INSURANCE COMPANY;
ADMIRAL INDEMNITY COMPANY;
IRONSHORE INDEMNITY INC.; AND
IRONSHORE SPECIALTY INSURANCE COMPANY

DEFENDANTS

SECOND AMENDED AGREED PROTECTIVE ORDER
The original Agreed Protective Order (Doc. 55) and the Amended Agreed Protective
Order filed March 15, 2019 (Doc. 102) are incorporated herein by reference as if set out word for
word.
The purpose of this second amendment is to add language to the Protective Order to
insure it is a qualified HIPAA Order pursuant to 45 C.F.R. §164.512(e), a regulation interpreting
HIPAA. In response to written class discovery served by Mr. Whitley, as limited by and subject
to the orders of this Court, Baptist Health is directed and ordered to produce the protected
health information of class members for the period of 30 July 2011 to 22 January 2020.
With regard to any protected health information disclosed and produced by Baptist
Health in this case, the parties are prohibited from using or disclosing the protected health
information for any purpose other than this litigation for which such information was requested
and provided, and, additionally, any protected health information disclosed shall be returned to
Baptist Health or destroyed (including all copies made) at the end of the litigation.

The Court retains jurisdiction to enforce this Order for one year after this case ends,
including any appeal.

Thereafter, this Order will be solely a matter of contract between the

parties and signatories.
IT IS SO ORDERED.

HONORABLE D. ¥. MARSHALL, JR.
United States District Judge
DATED: _ __:;i.. +l-- -- _,.___;:___c:__O _
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APPROVED:
CAMPBELL & GROOMS, PLLC
8500 West Markham, Suite 105
Little Rock, AR 72205
(50 I) 313-4967
By: Isl Donald K. Campbell, III
Donald K. Campbell, III
ARSC No. 84017
Kendel W. Grooms
ARSC No. 2009128

BARBER LAW FIRM PLLC
425 West Capitol Avenue, Suite 3400
Little Rock, AR 72201
[phone]
By: Isl Robert L. Henry, III
Robert L. Henry, III, AR Bar No. 72054
James D. Robertson, AR Bar No. 95181
Adam D. Franks, AR Bar No. 2016124
Attorneys for the Baptist Defendants
and Defendant Diamond Risk Insurance LLC

BAILEY & OLIVER LAW FIRM
3606 Southern Hills Boulevard
Rogers, AR 72 758
[phone] Phone
[phone] Fax
By: Isl Sach D. Oliver
Sach D. Oliver, AR Bar No. 2006251
Frank H. Bailey, AR Bar No. 74004
T. Ryan Scott, AR Bar No. 200816 I
Geoff D. Hamby, AR Bar No. 2015171

WRIGHT, LINDSEY & JENNINGS LLP
200 West Capitol Avenue, Suite 2300
Little Rock, AR 72201-3699
[phone]
By: Isl David P. Glover
David P. Glover
David Chan Jung
Attorneys for Defendant Continental
Casualty Company

HENINGER GARRISON DAVIS LLC
2224 First Avenue North
Birmingham, Alabama 35203
[phone] Phone
[phone] Fax
By: Isl Jeffrey P. Leonard
W. Lewis Garrison Jr. (Ala.: ASB-3591N74W)
Erik S. Heninger (Ala.: ASB-1189-K46H)
Jeffrey P. Leonard (Ala.: ASB-2573-J67L)
Attorneys for Plaintiff

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