PERMENTER et al v. ECLINICAL WORKS LLC

Filing 116

ORDER granting 115 Consent Motion Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 08/10/2023 (elp)

Case 5:18-cv-00382-MTT Document 116 Filed 08/10/23 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
UNITED STATES OF AMERICA, ex rel.
ALEX PERMENTER,
ERIC RODIGHIERO, and
CHRIS WHEELER,
Plaintiffs,
v.
eCLINICALWORKS, LLC,
Defendant.
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CIVIL ACTION NO. 5:18-cv-382 (MTT)

ORDER
On August 4, 2023, Relators and eClinicalWorks filed their Consent Motion for
Entry of an Order Pursuant to Federal Rule of Evidence 502(d) in which the parties
stipulated that the productions described below would not result in the waiver of any
applicable privileges or protections. Doc. 115.
The Court has read the Consent Motion and for the reasons stated therein, that
motion (Doc. 115) is GRANTED. Accordingly, the Court ORDERS as follows:
1. Relators may produce to eClinicalWorks an interrogatory response describing their
conclusions about the software’s security, as well as screenshots and other
documentation of those conclusions. The documents will be marked highly confidential
pursuant to the Confidentiality Order.
2. Relators’ production shall not waive any privileges or protections, including the
attorney-client privilege, work-product doctrine, common interest privilege, and joint-

Case 5:18-cv-00382-MTT Document 116 Filed 08/10/23 Page 2 of 2

prosecution privilege, as to the information or documentation provided in this or any
other federal or state case. See Fed. R. Evid. 502(d).
3. This order does not constitute a ruling on the merits of any claim of privilege or other
protection. All parties expressly reserve their rights to assert or contest such claims,
except that neither the contemplated production nor this order constitutes a waiver of
any privilege or protection.
SO ORDERED, this 10th day of August, 2023.
S/ Marc T. Treadwell
MARC T. TREADWELL, CHIEF JUDGE
UNITED STATES DISTRICT COURT

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