Darius Gant v. Ron E. Barnes

Filing 69

QUALIFOIED PROTECTIVE ORDER by Magistrate Judge Sheri Pym (SEE ORDER FOR DETAILS). (kca)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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DARIUS GANT,
Petitioner,
v.

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RON BARNES, Warden,

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Respondent.

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Case No. CV-14-2618-CJC (SP)
QUALIFIED PROTECTIVE ORDER

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GOOD CAUSE APPEARING, the Court hereby GRANTS Petitioner’s request

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for a Qualified Protective Order pertaining to the discovery requests authorized by this

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Court’s order granting discovery (Dkt. 57). The parties are ORDERED to abide by the

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following agreed upon terms:

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1.

The parties shall not use or disclose any “protected health information,” as

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defined under The Health Insurance Portability and Accountability Act of 1996

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(HIPAA), that is received in response to a subpoena issued in this litigation for any

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purpose other than litigating Mr. Gant’s post-conviction claims for habeas relief.

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2.

Within 60 days of the conclusion of this proceeding, the parties agree to

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return or destroy any “protected health information” that is received from an entity

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regulated under HIPAA in response to a subpoena issued in this litigation.

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3.

The “conclusion of this proceeding” shall occur at the conclusion of all

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further appeals arising from this proceeding, including review by the United States

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Supreme Court or upon the expiration of time for seeking such review.

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4.

The parties stipulate that this order satisfies the requirements for a

“qualified protective order” under 45 C.F.R. § 164.512(e)(1)(ii)(B).
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The parties further acknowledge that this Qualified Protective Order does

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not entitle them to file confidential information under seal; Civil Local Rule 79-5 sets

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forth the procedures that must be followed and the standards that will be applied when

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a party seeks permission from the Court to file material under seal.

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It is so ordered.

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DATED: May 1, 2017
THE HONORABLE SHERI PYM
UNITED STATES MAGISTRATE JUDGE

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Presented by:
/s/ Michael Parente
MICHAEL PARENTE
Deputy Federal Public Defender