Egger v. GGNSC Fullerton, LLC et al

Filing 27

ORDER granting 26 Motion for Protective Order Ordered by Magistrate Judge Cheryl R. Zwart. (BHC)

UNITED STATES DISTRICT COURT,
DISTRICT OF NEBRASKA
JOLENE EGGER,
Plaintiff,
v.
GGNSC FULLERTON, LLC and
GGNSC ADMINISTRATIVE SERVICES LLC,
Defendants.

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Case No. 4-12-CV-03211

STIPULATED PROTECTIVE ORDER
By stipulation of the parties, the Court enters this Protective Order pursuant to Federal
Rule of Civil Procedure 26(c) regarding discovery of any form whatsoever that concerns the
information listed below. One purpose of this Protective Order is to comply with the Health
Insurance Portability and Accountability Act (“HIPAA”), specifically HIPAA Regulation 45 C.F.R. §
164.512(e), which dictates the protections necessary to permit disclosure of protected health
information in the course of a judicial proceeding. The Court hereby orders that such discovery of
the information listed below will be subject to the following terms and conditions:
1.

“Confidential Information” that may be produced during discovery and subject to

this Protective Order, includes but is not limited to: (1) all employee personnel files, notes, letters,
correspondence, memoranda, records, billing records, work papers, and other information
referring or relating in any manner to any and all of Defendants’ current or former employees; (2)
any and all documents and/or information relating in any manner to Defendants’ policies and
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procedures, business operations and/or financial data; (3) Plaintiff's medical, financial and related
records; and (4) medical information, medical claims, billing information, and “protected health
information” as that term is defined under HIPAA, shall not be shown to, furnished to, or
otherwise disclosed to anyone other than the Court, Plaintiff, Defendants, counsel of record,
persons directly assisting counsel of record, and all qualified persons as defined in paragraph 2 of
this Order. For purposes of this Protective Order, the phrase “persons directly assisting counsel of
record” means other persons employed in the counsel of record's office and experts or outside
consultants retained by counsel of record to assist in the preparation of this case, Case No. 4-12CV-03211.
2.

The term “qualified persons” as used in this Order shall include only the following:

(a) counsel of record for the parties in this action, and all other attorneys, paralegals, stenographic
and clerical employees of the law firm(s) of such counsel of record assisting in the prosecution or
defense of this action; (b) independent experts, consulting firms or other independent contractors
who are not regular employees of a party hereto, but who are assisting counsel of record in the
prosecution or defense of this action; (c) any party, or any employee, agent or representative of a
party hereto; (d) any deponent who in the good faith opinion of counsel must be shown the
contents of any documents or other Confidential Information subject to this Order in prosecution
or defense of this action; (e) any witness in this action who in the good faith opinion of counsel
must be shown the contents of any documents or other Confidential Information subject to this
Order in prosecution or defense of this action; (f) court personnel, including court reporters,
persons operating video recording equipment at depositions, any special master or mediator
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appointed by the Court, and members of the jury; (g) any court reporters actually recording
proceedings in this action; (h) the author of the Confidential Information, the addressee(s) or other
recipients(s) thereof, or any person employed in a managerial position by the party producing the
Confidential Information at the time the Confidential Information was created; and (i) other
persons as agreed by the party who produced the Confidential Information or as ordered by the
Court. “Qualified persons” as defined in this paragraph 2(b), (c), (d), (e), (h), and (i) shall be given a
copy of this Order and be informed that they are bound to the terms of this Order with respect to
any information and documents disclosed to them.
3.

All copies of documents and discovery provided pursuant to this Protective Order

shall be stamped in advance with the legend, “Confidential” or “Subject to Protective Order,” or so
noted upon a document which reasonably describes the discovery so designated.
4.

The discovery provided pursuant to this Protective Order, and/or the data and

information contained therein, and any other discovery designated with the legend “Confidential”
or “Subject to Protective Order,” or so noted upon a document which reasonably describes the
materials so designated, if filed with the Court as exhibits to depositions or as trial exhibits or as
exhibits to a pleading, motion, memoranda, brief or other documents, shall be filed as a
“Restricted Access Document” pursuant to the Court’s local rules and shall be accessible to the
Court, Plaintiff, Plaintiff’s counsel of record, Defendants, and Defendants’ counsel of record.
5.

Any and all copies of discovery provided pursuant to this Protective Order and/or

the data and information contained therein, and any other discovery designated with the legend,
“Confidential” or “Subject to Protective Order,” or so noted upon a document which reasonably
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describes the discovery so designated in the possession of persons other than the Court shall be
returned to respective counsel of record upon the completion of Case No. 4-12-CV-03211 or
opposing counsel shall certify that same have been destroyed.
6.

The discovery provided pursuant to this Protective Order and/or the data and

information contained therein and any other discovery designated with the legend, “Confidential”
or “Subject to Protective Order,” or so noted upon a document which reasonably describes the
discovery so designated shall not be used or disclosed for any purpose other than preparation and
presentation of the Plaintiff’s and Defendants’ case in this action, Case No. 4-12-CV-03211, and
shall not be used in any lawsuit, claim, or cause of action other than Case No. 4-12-CV-03211.
7.

Any Qualified Persons as defined in paragraph 2(b), (c), (d), (e), (h), and (i) to whom

the discovery is provided pursuant to this Protective Order and/or the information contained
therein, and any other discovery designated with the legend “Confidential” or “Subject to
Protective Order,” or so noted upon a document which reasonably describes the discovery so
designated, is shown, furnished, or otherwise disclosed, shall be shown a copy of this Protective
Order and shall be subject to its terms. He or she shall also acknowledge his or her understanding
of the Order by signing a copy of the same.
8.

The parties acknowledge and understand that the Court retains its inherent right to

alter the provisions of this Protective Order when the Court believes the interests of justice will be
served by any such alteration. The parties agree that either party may apply to the Court for
modification of the Order. The parties further agree that if either party believes a designation of

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information as protected or confidential is unwarranted, that party may seek a ruling from the
Court as to the designation.

IT IS SO ORDERED.

Date: March 22, 2013

s/ Cheryl R. Zwart
United States Magistrate Judge

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SO STIPULATED:
/s/ Kathleen M. Neary
Kathleen M. Neary
Vincent M. Powers & Associates
411 South 13th Street, Suite 300
Lincoln, NE 68508
Phone: [phone]
Fax: [phone] fax

/s/ Charles M. Roesch
Susan Sapp
Cline Williams Wright Johnson & Oldfather LLP
190 U.S. Bank Building
233 South 13th Street
Lincoln, NE 68508
Phone: [phone]
Fax: [phone]

Attorney for Plaintiff Jolene Egger
Charles M. Roesch
Carly E. Chu
Dinsmore & Shohl LLP
255 East Fifth Street, Suite 1900
Cincinnati, Ohio 45202
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Defendants GoldenLiving CenterFullerton and GGNSC Administrative Services

2400490v1

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