Marlow v. Sawyer

Filing 15

PROTECTIVE ORDER. Signed by Magistrate Judge Donald G. Wilkerson on 3/21/17. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ROBERT BENTLEY MARLOW,
Plaintiff,
v.
VANCE E. SAWYER,
Defendant.

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Case No.: 3:16-CV-01088-JPG-DGW

HIPAA QUALIFIED PROTECTIVE ORDER
This matter is before the Court on the Motion for HIPAA Qualified Protective Order filed
by Defendant Vance E. Sawyer (Doc. 14). The motion is GRANTED.
NOW THEREFORE, THE COURT HEREBY ORDERS AS FOLLOWS:
(1)

The current parties (and their attorneys) and any future parties (and their
attorneys) to the above-captioned matter are hereby authorized to receive,
subpoena, and transmit "protected health information" (also referred to herein as
"PHI") pertaining to Robert Bentley Marlow, to the extent and subject to the
conditions outlined herein.

(2)

For the purposes of this Qualified Protective Order, "PHI" or "protected health
information" shall have the same scope and definition as set forth in 45 CFR
160.103 and 164.501. Without limiting the generality of the foregoing, "PHI" includes, but is not limited to, health information, including demographic
information, relating to either, (a) the past, present, or future physical 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)

All "covered entities" (as defined by 45 CFR 160.103) are hereby authorized to
disclose PHI pertaining to Robert Bentley Marlow to all attorneys now of record
in this matter or who may become of record in the future of this litigation.

(4)

The parties and their attorneys shall be permitted to use the PHI of Robert Bentley
Marlow in any manner that is reasonably connected with the above-captioned
litigation. This includes, but is not limited to, disclosure to the parties, their
attorneys of record, the attorneys’ firm (i.e., attorneys, support staff, agents, and
consultants), the parties' insurers, experts, consultants, court personnel, court
reporters, copy services, trial consultants, jurors, venire members, and other
entities involved in the litigation process.

(5)

At the conclusion of the litigation as to any Defendant (which shall be defined as
the point at which final orders disposing of the entire case as to any Defendant
have been entered, or the time at which all trial and appellate proceedings have
been exhausted as to any Defendant), that Defendant and any person or entity in
possession of PHI received from that Defendant pursuant to Paragraph 4 of this
Order shall destroy any and all copies of PHI pertaining to Robert Bentley
Marlow except: (1) the Defendant that is no longer in the litigation may retain PHI
generated by him/her/it; and (2) the remaining Defendants in the litigation, and
persons or entities receiving PHI from those Defendants pursuant to paragraph 4
of this Order, may retain PHI in their possession.

(6)

This Order shall not control or limit the use of protected health information
pertaining to Robert Bentley Marlow that comes into the possession of any party
or any party's attorney from a source other than a “covered entity” (as that term is
defined in 45 CFR 160.103).

DATED: March 21, 2017

DONALD G. WILKERSON
United States Magistrate Judge