Willsey v. Shelter Mutual Insurance Company

Filing 25

QUALIFIED PROTECTIVE ORDER as set forth 23 . Signed by Honorable Robert T. Dawson on June 3, 2013. (sh) Modified to add text on 6/3/2013 (sh).

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION

CHARLES A. WILLSEY, individually and
as the Special Administrator of the Estate of
CYNTHIA K. WILLSEY, Deceased
v.

PLAINTIFF

Case No. 2:12-cv-02320

SHELTER MUTUAL INSURANCE COMPANY

DEFENDANT

QUALIFIED PROTECTIVE ORDER
Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure 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:
1.

Plaintiff Charles A. Willsey is the Special Administrator of the Estate of

Cynthia K. Willsey, deceased. The present order has been requested by counsel for the
Defendant, Shelter Mutual Insurance Company.
2.

The parties and their attorneys are hereby authorized to receive,

subpoena and transmit all “protected health information” dated January 1, 2004 or later,
pertaining to Cynthia K. Willsey to the extent and subject to the conditions outlined
herein.
3.

For 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.
4.

All “covered entities” (as defined by 45 C.F.R. § 160.13) are hereby

authorized to disclose protected health information pertaining to Cynthia K. Willsey,
dated January 1, 2004 or later, to attorneys representing the Plaintiff and Defendant in
the above-captioned litigation.
5.

The parties and their attorneys shall be permitted to use or disclose the

protected health information of Cynthia K. Willsey 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, and other entities or persons
involved in the litigation process.
6.

Prior to disclosing Cynthia K. Willsey’s protected health information to

persons involved in this litigation, counsel shall inform each such person that Cynthia K.
Willsey’s 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 Cynthia K. Willsey’s protected health information do not use or
disclose such information for any purpose other than this litigation.

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7.

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 5 of this Order, shall return
Cynthia K. Willsey’s protected health information to the covered entity or destroy any
and all copies of protected health information pertaining to Cynthia K. Willsey, except
that counsel are not required to secure the return or destruction of protected health
information submitted to the court.
8.

This Order does not control or limit the use of protected health information

pertaining to Cynthia K. Willsey 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.
9.

Nothing in this Order authorizes counsel for the Defendant to obtain

medical records or information through means other than formal discovery requests,
subpoenas, depositions, pursuant to a patient authorization, or other lawful process.
10.

This 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 Cynthia K. Willsey’s protected health information
under seal.

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IT IS SO ORDERED.

/s/ Robert T. Dawson
HONORABLE ROBERT T. DAWSON
UNITED STATES DISTRICT JUDGE

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