Bomprezzi v. Hoffman et al

Filing 77

ORDER by Magistrate Judge Nina Y. Wang on 04/27/15 re: 69 MOTION for Leave to Restrict filed by Lisa Toepp, DeQuardo, Graham Hoffman, Julie Meeker, and Pounds. If either party has concerns regarding Exhibits A-3, A-4, A-6, A-7, and A-8 being part of the public record, such party will file a supplemental response to the Motion to Restrict no later than May 15, 2015; and (2) To the extent that no responses are received by May 15, 2015, the court will construe Mr. Bomprezzis filing as a full authorization and waiver to disclose Exhibits A-3, A-4, A-6, A-7, and A-8 as part of the public record. (nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02085-CMA-NYW
MEL BOMPREZZI,
Plaintiff,
v.
DR. GRAHAM HOFFMAN,
DR. JULIE MEEKER,
DR. LISA TOEPP,
DR. PUONDS, and
DR. DeQUARDO,
Defendants.
______________________________________________________________________
ORDER ON DEFENDANTS’ MOTION TO RESTRICT
______________________________________________________________________
Magistrate Judge Nina Y. Wang
This matter comes before the court on Defendants’ Motion to Restrict Exhibits A3, A-4, A-6, A-7, and A-8 in Support of Defendants’ Motion for Summary Judgment
(Doc. 62) as a [sic] Level 2 Restricted Documents (“Motion to Restrict”) [#69] filed on
February 19, 2015. The Motion to Restrict was referred to the Magistrate Judge by
Order of Reference dated September 13, 2013 [#13], Reassignment dated February 9,
2015 [#61], and Memorandum dated April 13, 2015 [#75].
Defendants sought to restrict certain exhibits filed in support of their Motion for
Summary Judgment on the basis that such documents reflected confidential health
information of Plaintiff Mel Bomprezzi (“Plaintiff” or “Mr. Bomprezzi”). [#69 at ¶2-3]. Mr.
Bomprezzi responded on March 2, 2015 that he “waive[d] all privacy rights for Exhibits

A-3, A-4, A-6, A-7, and A-8.” [#73]. The court construes Plaintiff’s submission as an
authorization to publicly disclose, as part of the court’s official record, Exhibits A-3, A-4,
A-6, and A-8, and that pursuant to such authorization, Mr. Bomprezzi waives all privacy
rights, including but not limited under the Health Insurance Portability and Accountability
Act of 1996 (“HIPAA”), to these documents. See 45 C.F.R. § 164.508. Based on
Plaintiff’s statements, the court is prepared to deny Defendants’ Motion to Restrict. The
court specifically advises Plaintiff that if the court denies Defendants’ Motion to
Restrict, these documents will be available to the general public, and the topics
therein will be subject to the public record.
Therefore, IT IS ORDERED:
(1) If either party has concerns regarding Exhibits A-3, A-4, A-6, A-7, and A-8
being part of the public record, such party will file a supplemental response to
the Motion to Restrict no later than May 15, 2015; and
(2) To the extent that no responses are received by May 15, 2015, the court will
construe Mr. Bomprezzi’s filing as a full authorization and waiver to disclose
Exhibits A-3, A-4, A-6, A-7, and A-8 as part of the public record.
DATED: April 27, 2015

BY THE COURT:

s/ Nina Y. Wang
United States Magistrate Judge