Reyes-Torres v. 2112202 Alberta Ltd. et al

Filing 25

AGREED QUALIFIED PROTECTIVE ORDER. Signed by Judge J. Phil Gilbert on 11/22/2024. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
VILMER O. REYES-TORRES,
Plaintiff,
v.
2112202 ALBERTA LTD d/b/a 6IX Logistics
d/b/a Alberta Transportation Corporation, and
AMRITPAUL S. JUDGE,

Case No. 24-cv-834-JPG

Defendants.
AGREED QUALIFIED PROTECTIVE ORDER
Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and 45 C.F.R.
§ 164.512(e)(1), the Court finds good cause for the issuance of a qualified protective order,
GRANTS the motion for a protective order (Doc. 24), and ORDERS as follows:
1. The parties and their attorneys are hereby authorized to receive, subpoena and transmit
“protected health information” pertaining to Plaintiff Vilmer O. Reyes-Torres to the extent and
subject to the conditions outlined herein.
2. For the purposes of this qualified protective order, “protected health information” shall
have the same scope and definition as set forth in 45 C.F.R. §§ 160.103 and 164.501. Protected
health information includes, but is not limited to, health information, including demographic
information, relating to either (a) the past, present, or future physical or mental 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 C.F.R. § 160.13) are hereby authorized to
disclose protected health information pertaining to Plaintiff to attorneys representing the Plaintiff
and Defendants in the above-captioned litigation.

4. The parties and their attorneys shall be permitted to use or disclose the protected health
information of Plaintiff for purposes of prosecuting or defending this action including any appeals
of this case. This includes, but is not necessarily limited to, disclosure to their attorneys, experts,
consultants, court personnel, court reporters, copy services, trial consultants, and other entities or
persons involved in the litigation process.
5. Prior to disclosing Plaintiff's protected health information to persons involved in this
litigation, counsel shall inform each such person that Plaintiff's protected health information may
not be used or disclosed for any purpose other than this litigation. Counsel shall take all other
reasonable steps to ensure that persons receiving Plaintiff’s protected health information do not
use or disclose such information for any purpose other than this litigation.
6. Within 45 days after the conclusion of the litigation including appeals, the parties, their
attorneys, and any person or entity in possession of protected health information received from
counsel pursuant to paragraph four of this Order, shall return Plaintiff's protected health
information to the covered entity or destroy any and all copies of protected health information
pertaining to Plaintiff, except that counsel are not required to secure the return or destruction of
protected health information submitted to the court.
7. This Order does not control or limit the use of protected health information pertaining
to Plaintiff that comes into the possession of the parties or their attorneys from a source other than
a “covered entity,” as that term is defined in 45 C.F.R. § 160.103.
8. Nothing in this Order authorizes counsel for the Plaintiff and Defendants to obtain
medical records or information through means other than formal discovery requests, subpoenas,
depositions, pursuant to a patient authorization, or other lawful process.

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9. This Order does not authorize either party to seal court filings or court proceedings. The
Court will make a good cause determination for filing under seal if and when the parties seek to
file Plaintiff’s protected health information under seal.
10. No subpoena may be issued seeking protected health information prior to 2017.
11. Any and all subpoenas issued and/or subpoena responses obtained containing this
HIPAA order are to be produced to the opposing party, through his/her attorneys, by no later than
7 days of receipt thereof.

IT IS SO ORDERED.
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

DATED: November 22, 2024

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