Children's Healthcare of Atlanta, Inc. v. McCray

Filing 5

ORDER (by docket entry only) granting 2 Motion for TRO. See Order for further details. IT IS FURTHER ORDERED that a hearing on the Motion shall be held on October 31, 2013, at 2:00 p.m. in Courtroom 1705, Richard B. Russell Building,75 Spring Street, Atlanta, Georgia. Plaintiff shall hand-deliver a copy of this Order to Defendant as soon as possible but no later than noon, October 28, 2013. Ordered by Judge William S. Duffey, Jr. on 10/25/13. (jdb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
CHILDREN’S HEALTHCARE
OF ATLANTA, INC.
Plaintiff,
v.
SHARON MCCRAY,
Defendant.

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1:13-cv-3551-WSD

ORDER GRANTING TEMPORARY RESTRAINING ORDER
Upon consideration of Plaintiff’s Complaint and request for issuance of a
temporary restraining order, the Court finds that Plaintiff has certified under oath
that Plaintiff will suffer irreparable injury before the Defendant can be heard in
opposition to Plaintiff’s Motion for Temporary Restraining Order and that
Plaintiff’s counsel has certified in writing that notice to Defendant may cause
Defendant to disclose, destroy or otherwise make unavailable information
prohibited from disclosure, including personal patient information. Based on these
representations, the Court finds a basis to issue this Temporary Restraining Order.
The Court further finds that Plaintiff has demonstrated: (i) a likelihood of success

on the merits of its claim; (ii) irreparable harm if temporary injunctive relief is not
granted; (iii) that the threatened harm to Plaintiff outweighs the harm to Defendant
if injunctive relief is granted; and (iv) that the temporary restraining order will
serve the public interest. Schiavo ex rel. Schindler v. Schiavo, 403 F.3d 1223,
1225-26 (11th Cir. 2005).
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s Motion for Temporary
Restraining Order (the “Motion”) is GRANTED. Defendant, and any persons in
active concert or participation with her, are ENJOINED from accessing, using,
disclosing, altering, destroying, transmitting or communicating, directly or
indirectly, to any person or entity any patient health information, numbers assigned
to healthcare providers by the United States Drug Enforcement Administration,
healthcare providers’ license numbers, Plaintiff’s internal communications,
Plaintiff’s financial information, audits of Plaintiff or its operations, and any other
information emailed or otherwise transmitted by Defendant to any computer or
electronic media owned, possessed or controlled by or accessible to her, and any
information that is derived from or based on the foregoing.
IT IS FURTHER ORDERED that a hearing on the Motion shall be held on
October 31, 2013, at 2:00 p.m. in Courtroom 1701, Richard B. Russell Building,

75 Spring Street, Atlanta, Georgia. Plaintiff shall hand-deliver a copy of this Order
to Defendant as soon as possible but no later than noon, October 28, 2013.

SO ORDERED this 25th day of October 2013.