Montin v. Moore et al

Filing 67

STIPULATED PROTECTIVE ORDER NUNC PRO TUNC regarding Stipulated Protective Order #66 . This order is to remain in force until modified by the Court for good cause shown. Ordered by Senior Judge Lyle E. Strom. (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOHN MAXWELL MONTIN,
Case No. 4:14-cv-3142
Plaintiff,
v.

STIPULATED PROTECTIVE ORDER
NUNC PRO TUNC

Y. SCOTT MOORE, et al.,
Defendants.

This matter comes before the Court upon the joint motion
and stipulation of the parties and the Nebraska Department of
Health and Human Services (“NDHHS”) (appearing specially through
the Nebraska Attorney General) for entry of a Protective Order
to preserve the confidentiality of certain documents and records
created and retained by NDHHS or its personnel regarding former
Lincoln Regional Center patient JOHN MAXWELL MONTIN (hereinafter
collectively the “Records”), which Records are or may be subject
to disclosure in this litigation. The confidentiality of the
Records is protected under provisions of federal and Nebraska
law, including, but not limited to, Neb. Rev. Stat. § 83-109
(Reissue

2014)

and

the

Health

Insurance

Portability

and

Accountability Act of 1996 (“HIPAA”) (including all rules and
regulations promulgated pursuant thereto).

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Accordingly,

IT IS ORDERED:
1. The

Records,

utilized

by

including
the

any

defendants

copies
solely

thereof,
in

shall

connection

be

with

discovery, pretrial proceedings, preparation for trial,
trial,

appeal

and/or

settlement,

and

for

no

other

purpose, and shall not be disseminated, published, shown
or otherwise disclosed to any person or entity except as
provided herein.
2. That any reports of an investigation made by the Nebraska
Department of Health and Human Services shall not include
the name, address, or other identifying information of
any

person

making

a

report

pursuant

to

the

Nebraska

mandatory reporting laws.
3. Before

defense

designated

counsel

expert

discloses

or

the

consultant,

Records

any

expert

such

to

or

consultant must first execute the following agreement:
AGREEMENT OF CONFIDENTIALITY
I hereby certify that I have read the Protective
Order entered on September 28, 2015, (the “Order”) in the
action now pending in the United States District Court
for the District of Nebraska (Case No. 4:14-cv-3142) (the
“Action”),

and

am

fully

understand

that

in

connection

with

the

the

familiar
course

Action

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I

of
may

with
my
have

its

terms.

I

activities

in

occasion

to

examine, inspect, or be exposed to the records of the
Nebraska Department of Health and Human Services, and
that the confidentiality of said records is protected by
various provisions of United States and Nebraska law. I
therefore agree to be bound by and comply with all of the
terms and prohibitions of the Order.
4. All defendants to whom the Records are disclosed pursuant
to this Order shall:
a. Be

responsible

for

keeping

such

custody

or

control

over the Records so as to assure that the Records are
not

lost,

misplaced,

or

inadvertently

disclosed

in

violation of the provisions of this Order;
b. Not reveal the contents of the Records to any person
not already subject to the terms of this Order;
c. Not reveal or use the contents of the Records except
for the purposes set forth in Paragraph 1 above; and,
d. Return promptly to counsel for the disclosing party
any portion of the Records (including originals and
copies)

entrusted

to

him

or

her

when

no

longer

required by him or her for the purposes set forth in
Paragraph 1 above.
5. The Records or any information contained therein shall be
treated as confidential pursuant to the terms of this
Protective Order.

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6. After this action is terminated by the entry of a final
order

not

information

subject

to

contained

appeal,

therein

the

shall

Records
not

and

thereafter

the
be

disclosed to any third party and shall be returned to the
Office of the Nebraska Attorney General or destroyed.
7. This order is to remain in force until modified by the
Court for good cause shown.
DATED this 28th day of September, 2015.
BY THE COURT:
/s/ Lyle E. Strom
______________________________
LYLE E. STROM, Senior Judge
United States District Court

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