Andreu v. Hewlett-Packard Company

Filing 46

ORDER granting in part and denying in part 33 Motion for Protective Order; granting in part and denying in part 33 Motion to Quash. See Order for details. Signed by Magistrate Judge John J. O'Sullivan on 2/18/2016. (tro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 15-23270-CIV-MORENO/O’SULLIVAN

MARIA ANDREU,
Plaintiff,
v.
HEWLETT-PACKARD COMPANY,
Defendant.
________________________________/
ORDER
THIS MATTER is before the Court on the Plaintiff’s Motion to Quash Subpoenas and/or
for the Entry of a Protective Order (DE # 33, 1/27/16). Having held a hearing in this matter and
for the reasons stated on the record, it is
ORDERED AND ADJUDGED that the Plaintiff’s Motion to Quash Subpoenas and/or for
the Entry of a Protective Order (DE # 33, 1/27/16) is GRANTED in part and DENIED in part in
accordance with this Order and the rulings from the bench. It is further
ORDERED AND ADJUDGED that the subject subpoenaed entities are to provide the
subject responsive documents to counsel for the plaintiff on or before February 25, 2016.
Counsel for the plaintiff shall review the documents upon receipt to determine if the plaintiff
wishes to assert any privileges, over any of the subject documents, that have not been waived
in this matter. It is further
ORDERED AND ADJUDGED that on or before February 29, 2016, the plaintiff shall
provide, to the defendant, the documents the plaintiff received in response to the subject
subpoenas in whole, or, in the alternative, if the plaintiff asserts any non-waived privileges over
the subject documents, the plaintiff shall provide the defendant with redacted documents
together with a privilege log for the documents over which the plaintiff asserts any privileges. It
is further

ORDERED AND ADJUDGED that absent further Order of this Court, the medical
records produced in this matter shall be filed under seal in this matter. It is further
ORDERED AND ADJUDGED that all documents designated confidential in this matter
shall be filed under seal in this matter. It is further
ORDERED AND ADJUDGED that the medical documents produced in this matter are
subject to 45 C.F.R. § 164.512(e)(1)(v)(A) and 45 C.F.R. § 164.512(e)(1)(v)(B) which:

(A) Prohibits the parties from using or disclosing the protected
health information for any purposes other than the litigation or
proceeding for which such information was requested; and
(B) Requires the return to the covered entity or destruction of the
protected health information (including all copies made) at the end
of the litigation or proceeding.

45 C.F.R. § 164.512(e)(1)(v). It is further
ORDERED AND ADJUDGED that the corporate representative of the defendant is not
required to travel to the Southern District of Florida to sit for deposition, the representative shall
present himself/herself for deposition, and the deposition may be conducted in a location other
than the Southern District of Florida.
DONE AND ORDERED in Chambers at Miami, Florida this 18th day of February, 2016.

JOHN J. O’SULLIVAN
UNITED STATES MAGISTRATE JUDGE
Copies to:
United States District Court Judge Moreno
All counsel of record

2