Alarid v. Biomet, Inc et al

Filing 87

AMENDMENT TO PROTECTIVE ORDER 34 entered by Magistrate Judge Nina Y. Wang on 10/22/15 regarding Protected Health Information. (bsimm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-2667-REB-NYW
ALFONSO A. ALARID,
PLAINTIFF,
V.
BIOMET, INC., ET AL.
DEFENDANTS.
_______________________________________________________________________________________________

AMENDMENT TO PROTECTIVE ORDER
_______________________________________________________________________
The Court entered a Protective Order in this case on February 3, 2015 which did
not explicitly define or reference “Protected Health Information”.
The Protective Order in this case permits the Court to modify the Protective
Order “at any time for good cause shown following notice to all parties and an
opportunity for them to be heard.”
The parties in the above-captioned action may, in accordance with Rule 26(c) of
the Federal Rules of Civil Procedure (“FRCP”), Rule 502 of the Federal Rules of
Evidence (“FRE”), and 45 C.F.R. § 164.512(e)(1) seek discovery or documents,
information, or other materials that contain Protected Health Information as that term is
defined herein.
The Parties have stipulated and agreed to the terms, and jointly moved this Court
to amend the Protective Order.

Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure the Court finds
good cause to amend the Protective Order and issue this qualified protective order and
ORDERS as follows:
IT IS ORDERED that:
1. The parties and their attorneys are hereby authorized to receive, subpoena
and transmit “Protected Health Information” to the extent and subject to the conditions
outlined herein.
2. 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.
3. The parties and their attorneys are hereby authorized to disclose Protected
Health Information to attorneys representing the Plaintiff and Defendants in the abovecaptioned litigation.
4. The parties and their attorneys shall be permitted to use or disclose Protected
Health Information 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.

2

5. Prior to disclosing Protected Health Information to persons involved in this
litigation, counsel shall inform each such person that the 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 Protected Health
Information do not use or disclose such information for any purpose other than this
litigation.
6. The parties, their attorneys, and any person or entity in possession of
Protected Health Information obtained pursuant to paragraph four of this Order, shall
return the Protected Health Information to the disclosing party or destroy any and all
copies of Protected Health Information, pursuant to paragraph 14 of the Protective
Order entered February 3, 2015.
7. This Order does not control or limit the use of Protected Health Information
that comes into the possession of the parties or their attorneys from a source other than
the Defendants or Plaintiff.
8. Nothing in this Order authorizes counsel for the Defendants to obtain medical
records or information through means other than formal discovery requests, subpoenas,
depositions, pursuant to a patient authorization, or other lawful process.
9. 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 Plaintiff’s Protected Health Information under seal
pursuant to D.C.COLO.LCivR 7.2.
10. The Protective Order entered February 3, 2015 remains unaltered except as
expressly amended herein.
3

IT IS SO ORDERED.

DATED: October 22, 2015

s/ Nina Y. Wang
United States Magistrate Judge

4