Midland National Life Insurance Company v. Susan Andrews et al

Filing 50

HIPAA QUALIFIED PROTECTIVE ORDER by Magistrate Judge Charles F. Eick re Stipulation for Order 49 . (sp)

Case :14-cv-02782-DMG-E Document 49-1 Filed 05/04/15 Page 2 of 4 Page ID #:184

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JULIE F. WALL, ESQ. (Admitted Pro Hac Vice)
jwal1(cmn-law.com
CHITTENDEN, MURDAY & NOVOTNY LLC
303 West Madison Street, Suite 1400
Chicago IL 60606
TEL: 1f2.281.3600
FAX: [phone]
SUSAN E. BASINGER, ESQ. (Bar No. 140864)
bas 1nger(hi2slaw.com
LOREN’I FREESTONE, ESQ. (Bar No. 191868)
1freestone(higgslaw.com
HIGGS FL1TC1IER & MACK LLP
401 West "A" Street, Suite 2600
San Diego, CA 92101-7913
TEL: 6r9.236.1551
FAX: [phone]
Attorneys for Plaintiff
MIDLAND NATIONAL LIFE INSURANCE
COMPANY

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA--WESTERN DIVISION

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MIDLAND NATIONAL LIFE
INSURANCE COMPANY,

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Plaintiff,

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HIPAA QUALIFIED PROTECTIVE
ORDER

V.

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CASE NO. CV 14-02782 DMG (EX)

SUSAN ANDREWS and DARLENE
NOBLE,

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Defendants.

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This matter coming to be heard on the Motion for the Entry of a Qualified
Protective Order pursuant to the Health Insurance Portability and Accountability
Act of 1996 ("HIPAA") (see Pub. L. 104-191, 110 Stat 1936), due notice hereof
having been given, and the Court being fully advised in the premises:

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THE COURT FINDS:

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1.

The following definitions shall apply to this Order:

III

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HIGGs

FLSTCHER &

MACK LLP
ATTORNEYS AT LAW
SAN DIEGO

103046-00007
3383316.1

Case No. CV 14-02782 DMG (Ex)

Case

14-cv-02782-DMG-E

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a)
"PHI" means protected health information, as that
term is used in HIPAA and the Privacy Standards and
defined in 45 C.F.R. § 160.103 & 164.501. Without
limiting the definition, and merely for purposes of
providing relevant examples, PHI includes health
information, including demographic information, relating
to the past, present, or future physical or mental condition
of an individual, the provision of care to an individual,
and the payment for care provided to an individual that
identifies the individual or which reasonably could be
expected to identify the individual.

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b)
"Privacy Standards" means the Standards for
Privacy of Individually Identifiable Health Information.
See 45 C.F.R. §§ 160 & 164.

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c)
"Covered Entity or Covered Entities" means those
entities defined in 45 C.F.R. § 160.103.

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d)
"Signatories" means all Parties to this litigation,
their attorneys, and all non-Parties that a court may
subsequently recognize as a signatory of this qualified
protective order.

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Document 49-1 Filed 05/04/15 Page 3 of 4 Page ID #:185

2.

The Parties recognize the need to provide for the expeditious transfer

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of PHI to each other and to their representatives in connection with this litigation

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and further recognize the need to provide for the continued confidentiality of PHI.

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To achieve these goals, they seek entry of this HIPAA Qualified Protective Order.

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3.

This litigation involves a life insurance policy issued by the Plaintiff

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on Mia Noble’s life. Defendant Darlene Noble has sought the production of

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documents related to this life insurance policy. The documents Defendant Noble

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seeks include information regarding the medical background, treatment, and

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services of Mia Noble, deceased. Accordingly, it will be necessary for the

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Signatories to request, produce, receive, subpoena, and/or transmit the PHI of Mia

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Noble in this litigation.

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IT IS HEREBY ORDERED:

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4.

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HIGGS FLETCHER &
MACK LLP
ATTORNEYS AT LAW
SAN DIEGO

The Signatories shall familiarize themselves with HIPAA and the

Privacy Standards.
5.

Notwithstanding federal or state law limiting the Signatories’ and

Covered Entities’ authority to disclose PHI, the Signatories and Covered Entities
103046-00007
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Case No. CV 14-02782 DMG (Ex)

Case :14-cv-02782-DMG-E Document 49-1 Filed 05/04/15 Page 4 of 4 Page ID #:186

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are authorized to disclose, release and transmit P141 in their possession related to

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Mia Noble in response to a subpoena, discovery request, or other lawful process

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issued related to this litigation.

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The Signatories shall not use or disclose the PHI released for this

litigation for any purpose other than this litigation.
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The Signatories may use the PHI in any manner that is reasonably

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connected with this litigation, including but not limited to disclosures to the Parties,

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their attorneys of record, the attorneys’ firms (i.e., attorneys, support staff, agents,

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and consultants), witnesses, the Parties’ agents, experts, consultants, court

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personnel, court reporters, copy services, trial consultants, jurors, venire members,

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and other entities involved in the litigation process.

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8.

This order shall not control or limit the use of what would otherwise be

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9.

The Signatories agree to carefully store all PHI while it is in their

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10. The Signatories agree that within 90 days of the issuance of a final

18 order in this litigation, or the extinguishment of all appeals, all Signatories that
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23 DATED:
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HON. DJM -C1E
UNITED STATES ]II–

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/449

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HIGGs FLETCHER &
MACK LLP
ATTORNEYS AT LAW
SAN DIEGO

103046-00007
3383316.1

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Case No. CV 14-02782 DM0 (Ex)