Gillpatrick et al v. Frakes et al
Filing
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STIPULATED PROTECTIVE ORDER - This matter is before the Court on the Parties' Joint Motion for Entry of Stipulated Protective Order. (Filing No. 31 ). The Motion, (Filing No. 31 ), is granted. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
PAUL GILLPATRICK, and NICCOLE
WETHERELL,
4:18CV3011
Plaintiffs,
STIPULATED PROTECTIVE ORDER
vs.
SCOTT FRAKES, Director, in their
official capacities; DENISE DAVIDSON,
Warden, in their official capacities; and
ROBERT MADSEN, Warden, in their
official capacities;
Defendants.
This matter is before the Court on the Parties’ Joint Motion for Entry of
Stipulated Protective Order. (Filing No. 31). The Motion, (Filing No. 31), is granted
as outlined below.
HIPAA QUALIFIED PROTECTIVE ORDER
Pursuant to Fed. R. Civ. P. 26(c) and 45 C.F.R. § 164.512(e)(1), the Court
finds good cause for the issuance of a qualified protective order and ORDERS as
follows:
1.
The parties and their attorneys are hereby authorized to receive,
subpoena and transmit “protected health information” pertaining to
Plaintiffs to the extent and subject to the conditions outlined herein.
2.
For the purposes of this qualified protective order, “protected health
information” shall have the same scope and definition as set forth in 45
C.F.R. § 160.103 and 164.501. Protected health information includes, but
is not limited to, health information, including demographic information,
relating to either (a) the past, present, or future physical or mental
condition of an individual, (b) the provision of care to an individual, 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 C.F.R. § 160.103) are hereby
authorized to disclose protected health information pertaining to Plaintiffs
to attorneys representing the Plaintiffs and Defendant in the abovecaptioned litigation.
4.
The parties and their attorneys shall be permitted to use or disclose the
protected health information of Plaintiffs for purposes of prosecuting or
defending this action including any appeals of this case. This includes,
but is not necessarily limited to, disclosure to their attorneys, experts,
consultants, court personnel, court reporters, copy services, trial
consultants, and other entities or persons involved in the litigation
process.
5.
Prior to disclosing Plaintiffs’ protected health information to persons
involved in this litigation, counsel shall inform each such person that
Plaintiffs’ protected health information may not be used or disclosed for
any purpose other than this litigation. Counsel shall take all other
reasonable steps to ensure that persons receiving Plaintiffs’ protected
health information do not use or disclose such information for any
purpose other than this litigation.
6.
Within 45 days after the conclusion of the litigation including appeals, the
parties, their attorneys, and any person or entity in possession of
protected health information received from counsel pursuant to
paragraph four of this Order, shall return Plaintiffs’ protected health
information to the covered entity or destroy any and all copies of
protected health information pertaining to Plaintiff, except that counsel
are not required to secure the return or destruction of protected health
information submitted to the court.
7.
This Order does not control or limit the use of protected health
information pertaining to Plaintiffs that comes into the possession of the
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parties or their attorneys from a source other than a “covered entity,” as
that term is defined in 45 C.F.R. § 160.103.
8.
Nothing in this Order authorizes counsel for the Defendants to obtain
medical records or information through means other than formal
discovery requests, subpoenas, depositions, pursuant to a patient
authorization, or other lawful process.
9.
This Order does not authorize either party to seal court filings or court
proceedings. The Court will make a good cause determination for filing
under seal if and when the parties seek to file Plaintiffs’ protected health
information under seal.
PROTECTIVE ORDER FOR CONFIDENTIAL INMATE INDIVIDUAL FILES
Pursuant to Fed. R. Civ. P. 26(c) and Neb. Rev. Stat. § 83-178, the Court
finds good cause for the issuance of a protective order and ORDERS as follows
10.
The parties and their attorneys are hereby authorized to receive,
subpoena and transmit Nebraska Department of Correctional Services
“individual files” pertaining to Plaintiffs to the extent and subject to the
conditions outlined herein.
11.
For the purposes of this protective order, “individual files” shall have the
same scope and definition as set forth in Neb. Rev. Stat. § 83-178.
12.
This authorization does not apply to presentence investigation reports,
the confidentiality of which shall be maintained as provided by Neb. Rev.
Stat. § 29-2261. In the event any presentence report, or any portion
thereof, is inadvertently disclosed, counsel or a party in possession of
such inadvertent disclosure shall immediately notify counsel for the
Defendants and either destroy such materials or return them to the
disclosing party.
Dated this 13th day of June, 2018.
BY THE COURT:
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s/ Cheryl R. Zwart
United States Magistrate Judge
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