Catar Clinic of Hot Springs LLC et al v. Robinson et al

Filing 241

PROTECTIVE ORDER. Signed by Judge D. P. Marshall Jr. on 10/10/2018. (jak)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
CATAR CLINIC OF HOT SPRINGS,
LLC, C.A.T.A.R, LTD. & STOCKTON
MEDICAL GROUP, LTD.

PLAINTIFFS

CASE NO.: 4:17-CV-520-DPM

v.

THOMAS F. ROBINSON, M.D., TIFFANY
TERRY, ARKANSAS RECOVERY CLINIC,
ARC REHABILITATION CENTER, P.A.,
CSCB REHABILITATION MANAGEMENT
GROUP, LLC, ADDICTION RECOVERY
CARE OF LITTLE ROCK, ARC CLINIC,
& JILL COGBURN

DEFENDANTS

PROTECTIVE ORDER

The parties have a need to access each other's patient information to conduct discovery.
The Court and parties desire to protect patient information. The parties are also direct business
competitors. Each party must designate all patient identities and patient information requested in
discovery as "CONFIDENTIAL-ATTORNEYS EYES ONLY". The Court will address in a future
order how this "CONFIDENTIAL-ATTORNEYS EYES ONLY" information is to be used in a
hearing

and trial.

All

counsel

must prevent disclosure

of information designated

"CONFIDENTIAL-ATTORNEYS EYES ONLY", including to their clients. Parties shall give the
other parties notice if they reasonably expect a deposition, hearing or other proceeding will include
use of"CONFIDENTIAL-ATTORNEYS EYES ONLY" information so that the other parties can
ensure that only authorized individuals, in this instance attorneys, are present at those proceedings
or during use of this information. Any discussion of patient information and information
designated "CONFIDENTIAL-ATTORNEYS EYES ONLY" in depositions shall be closed

except to the attorneys and all parties, except the deponent, must leave the room. Patient identities
or information discussed in depositions shall be protected the same as documentary evidence
marked as "CONFIDENTIAL-ATTORNEYS EYES ONLY" and counsel is under the same
obligation to prevent disclosure of designated information to their clients and may not, under any
circumstances, reveal patient information to their clients.
Counsel will jointly submit, under seal and a "CONFIDENTIAL-ATTORNEYS EYES
ONLY" designation, within ten days of the entry of this order, a list of all patients that have moved
from Plaintiffs' care to Defendants' care. No party shall contact any patients identified on the joint
list pending further orders of this Court concerning the timing, frequency, and required disclosures
of any contact unless the patient unilaterally presents to the party for medical care. Any disputes
over particular patients shall be noted in a joint report, which will also be sealed and under
"CONFIDENTIAL-ATTORNEYS EYES ONLY" designation. Counsel must prevent disclosure
of this list to their clients. The Court will issue an order as necessary on this dispute.
IT IS SO ORDERED.

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D.P. Marshall Jr.
United States District Judge

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