Jeff D, et al v. Kempthorne, et al

Filing 745

PROTECTIVE ORDER re 741 Settlement Agreement. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
JEFF D. et al.,
Plaintiffs,

Case No. 4:80-cv-4091-BLW
PROTECTIVE ORDER

v.
CLEMENT LEROY OTTER, et al.,
Defendants.

Before the Court is the parties’ Settlement Agreement, filed on the 12th day of June,
2015 (Dkt. 741), which includes a process in paragraphs 94 and 95 regarding the Defendants’
releasing to Plaintiffs’ counsel of confidential information regarding Class Members protected
from disclosure by federal or state law.
IT IS HEREBY ORDERED that any documents containing confidential information
regarding Class Members that Defendants release to Plaintiffs’ counsel in accordance with the
process set forth in the Settlement Agreement shall retain those rights of privacy and protection
from disclosure to which said documents are entitled by law, including the Health Insurance
Privacy and Accountability Act (HIPAA) of 1996, and that the same shall remain confidential
and not be used by or disclosed to any third party, entity, or person, exclusive of the members of
Plaintiffs’ counsels’ firms and agents hired by Plaintiffs’ counsel with respect to the compliance
with the Settlement Agreement.
IT IS FURTHER ORDERED that all such documents or information shall only be used
for the purposes set forth in the Settlement Agreement, and the production of such documents
shall not constitute a waiver of any right of privacy or protection from disclosure or other claim
or right of withholding or right of confidentiality to which those persons identified in the

ORDER - 1

documents may have.
IT IS FURTHER ORDERED that by complying with this Order and the relevant
provisions of the Settlement Agreement, Defendants and Plaintiffs’ counsel shall be deemed in
compliance with all state and federal laws pertaining to the use and disclosure of confidential
information and therefore are discharged from any and all liability, demands, or claims stemming
from said compliance.
IT IS SO ORDERED.

DATED: June 18, 2015

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

ORDER - 2