McCallum v. Singh et al

Filing 7

STIPULATED PROTECTIVE ORDER Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

DANNY McCALLUM,
Plaintiff,
Case No. 16-11525-RHC-MKM
vs.
Hon. Robert H. Cleland
Magistrate Judge Mona K. Majzoub

SUMEET SINGH, and
SAHI EXPRESS LTD.,
Defendants.

MIKE MORSE LAW FIRM
Michael J. Morse (P46895)
Donald J. Cummings (P70969)
Nicholas Kyriakopolous (P76442)
Attorneys for Plaintiff
24901 Northwestern Highway, Ste 700
Southfield, Michigan 48075
248.350.9050
[e-mail]

WILSON ELSER MOSKOWITZ
EDELMAN & DICKER LLP
John T. Eads (P43815)
William S. Cook (P68934)
17197 N. Laurel Park Drive, Suite 201
Livonia, Michigan 48152
313.327.3100
[e-mail]
Attorneys for Defendants

STIPULATED QUALIFIED PROTECTIVE ORDER AND
AUTHORIZATION PURSUANT TO HEALTH INSURANCE
PORTABILITY & ACCOUNTABILITY ACT (HIPAA)

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Based upon the parties’ stipulation, the court orders as follows:
1.

The current parties (and their attorneys) and any future parties (and their

attorneys) to the above-captioned matter are authorized to receive, subpoena, and
transmit “protected health information” (PHI) pertaining to Danny McCallum to the
extent and subject to the conditions outlined herein;
2.

For purposes of this Qualified Protective Order, “protected health

information” or “PHI” shall have the same scope and definition as set forth in 45 CFR
160.103 and 160.501. 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; and/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 160.13) are authorized to

disclose “PHI” pertaining to Danny McCallum to all attorneys, now of record, 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

Danny McCallum in any manner reasonably connected with the above-captioned
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litigation. This includes, but is not limited to, disclosure to the parties, 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 this litigation process.
5.

At the conclusion of the litigation as to any defendant (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
pursuant to Paragraph 4, supra, shall destroy any and all copies of “PHI” pertaining to
Danny McCallum except:
(a)

the defendant that is no longer in the litigation may retain “PHI” generated
by him/her/it; and

(b)

the remaining defendants in the litigation, and persons or entities receiving
“PHI” from those defendants, pursuant to Paragraph 4, supra, may retain
“PHI” in their possession;

6.

This order shall not control or limit the use of “PHI” pertaining to Danny

McCallum that comes into possession of any party, or any party’s attorney, from a
source other than a “covered entity” (as defined in 45 CFR 160.103).

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IT IS SO ORDERED.

S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE

Dated: June 3, 2016

I hereby certify that a copy of the foregoing document was mailed to counsel of record
and/or pro se parties on this date, June 3, 2016, by electronic and/or ordinary mail.

S/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

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The undersigned hereby stipulate to the entry of the above order.
William S. Cook
WILSON ELSER MOSKOWITZ
EDELMAN & DICKER LLP
John T. Eads (P43815)
William S. Cook (P68934)
Attorneys for Defendants

/s/ Nicholas Kyriakopolous (w/consent)
Michael J. Morse (P46895)
Donald J. Cummings (P70969)
Nicholas Kyriakopolous (P76442)
Attorneys for Plaintiff

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