J.M. Woodworth Risk Retention Group, Inc. v. Wyckoff Heights Medical Center et al

Filing 33

PROTECTIVE ORDER. Ordered by Magistrate Judge Marilyn D. Go on 1/31/2014. (Proujansky, Josh)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
_______________________________________
J.M. WOODWORTH RISK RETENTION
GROUP, INC.,
Plaintiff,

QUALIFIED PROTECTIVE
ORDER

-againstWYCKOFF HEIGHTS MEDICAL CENTER,
AKELLA CHENDRASEKHAR, M.D. and,
LUIS RIVERA, Administrator of the ESTATE
of CARMEN OTERO, Deceased,

Civil Action No. CV 13 0750

Defendants.
_______________________________________
WHEREAS plaintiff, J.M. WOODWORTH RISK RETENTION GROUP,
INC. (“Plaintiff”), has served upon defendant WYCKOFF HEIGHTS MEDICAL CENTER
(“Covered Entity”) its Request for Production dated May 30, 2013 (“Demand”); and
WHEREAS the Demand calls for the production of materials that may
contain protected health information (“PHI”) afforded privacy under the Health Insurance
Portability and Privacy Act (“HIPAA”) from the Covered Entity; it is
ORDERED pursuant to the Privacy Rules implemented by HIPAA at 45
C.F.R. § 164.512 (e) as follows:
1.

The parties and/or their respective counsel are hereby permitted to
obtain PHI from the Covered Entity.

2.

The parties and/or their respective counsel are prohibited from
using any PHI obtained with this Qualified Protective Order for any
purpose other than this litigation.
-1-

MURASTORM, PLLC  930 RAND BUILDING  14 LAFAYETTE SQUARE  BUFFALO, NEW YORK 14203
[phone]  FAX [phone]

3.

4.

The parties and/or their respective counsel are prohibited from
sharing any PHI obtained with this Qualified Protective Order with
any individuals or entities other than for the purpose of this
litigation.

5.

DATED:

Any PHI disclosed pursuant to Plaintiff’s Demand for Production
dated May 30, 2013 shall not be included within any electronic
filings with the Court.

At the end of this litigation (including any and all appeals), the
parties and/or their respective counsel will either return any PHI in
their possession to the Covered Entity or destroy the PHI (including
all copies made).

January 31, 2014
BY THE COURT:
__/s/______________________________

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MURASTORM, PLLC  930 RAND BUILDING  14 LAFAYETTE SQUARE  BUFFALO, NEW YORK 14203
[phone]  FAX [phone]