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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