Avila, et al v. CNH America et al

Filing 422

QUALIFIED PROTECTIVE ORDER PURSUANT TO THE HEALTH INSURANCE PORTABILITY & ACCOUNTABILITY ACT OF 1996 granting 420 Motion for Protective Order. Ordered by Magistrate Judge David L. Piester. (GJG)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA CINDY AVILA, et al., Plaintiffs, v. CNH AMERICA, LLC, et al., Defendants. ) ) ) ) ) ) ) ) )

Case No. 4:04-cv-3384

QUALIFIED PROTECTIVE ORDER PURSUANT TO THE HEALTH INSURANCE PORTABILITY & ACCOUNTABILITY ACT OF 1996

Pursuant to the parties' joint motion for entry of a qualified protective order (Docket # 420), it is hereby ordered that: 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 ("PHI") pertaining to the plaintiffs listed on Exhibit A attached hereto ("Enumerated Plaintiffs"). 2. For purposes of this Order, "PHI" has the same scope and definition as set forth in

45 C.F.R. § 160.103 and § 164.105. 3. All "Covered Entities" (as defined by 45 C.F.R. § 160.103) are hereby authorized

to disclose PHI of the Enumerated Plaintiffs to all parties and attorneys now of record in this matter or who may become of record in the future of this litigation, as follows: the PHI that may be disclosed includes health information, including demographic information, which relates to (1) the past, present, or future physical or mental health condition of the individual, (2) the provision of medical or mental health care to the individual, or (3) the payment for medical or

mental health care provided to the individual, and which identifies the individual or could reasonably be expected to identify the individual. 4. The parties and their attorneys shall be permitted to use the PHI of the

Enumerated Plaintiffs in any manner that is reasonably necessary for the prosecution or defense of the claims in this action. This includes, but is not limited to, disclosures on an as needed basis to the parties, their attorneys of record, the attorneys' firms (i.e., attorneys, support staff, agents, 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 this litigation (which shall be defined at the point at which

final order disposing of the entire case have been entered, or the time at which all trial and appellate proceedings have been exhausted), any person or entity in possession of PHI pertaining to the Enumerated Plaintiffs (other than the person or entity that generated the PHI) shall destroy any and all copies of said PHI in their possession, except those electronic copies created pursuant to standard archival and back-up procedures. 6. All PHI concerning the Enumerated Plaintiffs, whether obtained pursuant to the

Qualified Protective Order entered pursuant to this motion or otherwise, shall be subject to the provisions of the Stipulation and Protective Order entered in this action (Filing No. 268), whether or not marked confidential as described in paragraph 4 of that stipulation and order. 7. Within 14 days of receiving all records or other documents obtained pursuant to

this Qualified Protective Order, the receiving party shall provide notice of receipt of the records and documents to all other parties. All other parties may request copies of the records and documents, and the receiving party shall promptly provide such copies, with the cost of copying

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to be borne by the requesting party. If the receiving party has the records or documents in electronic format, the copy provided to the requesting party shall also be in electronic format. Dated: February 23, 2009 BY THE COURT

s/ David L. Piester United States Magistrate Judge

David L. Piester

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Exhibit A

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 4

Arp, Charmaine Arp, Daniel (Deceased) Avila, Steven (Deceased) Beason, Marlene Beason, Cody R. Beason, Rocke Bergholz, Paul R. Bergholz, Raymond (Deceased) Bergholz, Sherri Brown, Lorinda Brown, Casey T. Brown, Karley J. Brown, Kelsey K. Brown, Thomas Castleberry, Carol Marie

16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 5

Castleberry, Cody Castleberry, Kelsey Dowd, Mary Jo (Deceased) Edghill, Jeanette Elliott, Frank Elliott, Virginia Eversoll, Robert Fitzgerald, Denny Fitzgerald, Annetta (Deceased) Guerrero, Joanie Guerrero, Jordan Heying, Carol Heying, Eugene (Deceased) Jenkins, Darren Jenkins, Donnette Kohlhof, Michelle Kohlhof, Kali

33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48.

Lawrey, Sandra Lawrey, William Lee, Robert E. Levinson, Byron, M. Nelson, Jody Nelson, Keely Nelson, Michael Nelson, Zayne Pirnie, Patricia Ann Pitt, Margaret Ressler - Martinez, Kerry Rieffel, Julie Rookstool, Ted Ryan, Patrick Schwieger, Donald Sonnenfelt, Cecil

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49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 7

Sonnenfelt, Letha Svoboda, Gordon Tjaden, Jerrold Tjaden, Linda Tolle, William Wampler, Craig A. Wampler, Donna (Deceased) Whitney, Ashley Wiese, Beatrice (Deceased) Wiese, Jack Wiese, John D. (Deceased) Willis, Richard E. Wobig, Aaron Wobig, Chelsey Zuerlein, George J. Zuerlein, Joel Michael Zuerlein, Joyce A.