Grant v. Dental Center at Zebulon, et al

Filing 57

CONSENT CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER. Signed by Magistrate Judge Robert T. Numbers, II on 3/5/2015. (Herrmann, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:14-CV-220-RN

NICHOLE D. GRANT,
Plaintiff,
v.
CHRISTOPHER CLARK, DDS, &
ASSOC., dba THE DENTAL CENTER
AT ZEBULON,
Defendants.

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CONSENT CONFIDENTIALITY
AGREEMENT AND
PROTECTIVE ORDER

The parties hereby stipulate and agree that this Consent Confidentiality Agreement and
Protective Order ("Order") is being entered pursuant to Rule 26(c) of the Federal Rules of Civil
Procedure:

1.

Scope of Order. This Order governs the handling and disclosure of HIPAA

protected and other confidential materials produced, given, or filed herein by Plaintiff or
Defendants in this matter.

2.

Agreement on Use of Confidential Information. All Confidential Information,

as defined and designated in accordance with this Order, shall be used solely in furtherance of
the prosecution or defense of this action and shall not be used or disclosed by any person for
any other purpose.

3.

"Document."

When used in this Order, the term "document" means all

writings, drawings, graphs, charts, recordings, computer disks and tapes, audiotapes,
videotapes, and any other documents as defined in Rule 34 of the Federal Rules of Civil
Procedure.

4.

"Material."

When used in this Order, the term "material" means any

document, any answer to any interrogatory or other discovery request in this action, any
portion of any deposition (including deposition exhibits) in this action, and any other
information produced, given, or filed in this action.

5.

"Confidential Information." When used in this Order, the term "Confidential

Information" means:
a.

All business information reasonably considered to be proprietary or
confidential;

b.

All financial information; and

c.

Any document or material containing or reflecting protected HIPAA
information of the Defendants’ patients.

d.

Plaintiff’s medical records, psychiatric records, counseling records,
rehabilitation records, and financial information including tax
information and Social Security number.

6.

Scope of Permitted Disclosure.

Except upon further order of the Court,

Confidential Information shall not be disclosed to any person except as follows:
a.

Parties to this action and their staff, and employees of the parties who
are directly participating in the defense of this action (including but
not limited to any mediation, arbitration, or any other settlement
process and appeals), or otherwise have a need to know of the
Confidential Information for purposes of the lawsuit;

b.

Law firms of the parties to this action and such firms' attorneys and
office staff;

c.

Any person specifically employed in this litigation as an independent
expert (who is not a shareholder, officer, director or employee of a
party) who has previously agreed in writing to be bound by terms of
this Protective Order by executing a Consultant's Acknowledgment in
the form of Exhibit A, attached hereto (and the attorneys for the
respective parties shall maintain a file of such written agreements).

The executed agreements need not be produced to the other side prior
to any such person's designation as an expert witness reasonably
expected to testify in this Action. For any such person under this
sub-paragraph who does not become an expert witness reasonably
expected to testify in this matter, counsel for the party employing
said consulting expert shall maintain in their file an executed copy of
the Acknowledgement;
d.

the Court; and

e.

court reporters engaged to record depositions, hearings or trials in
this action.

7.

Conditions of Disclosure to Experts or Witnesses.

Prior to disclosure of

Confidential Information to any person set forth in Paragraphs 6(a) and 6(c) of this Order,
the Disclosing Party shall inform such person that Confidential Information shall be used for the
purposes of the furtherance of the prosecution or defense of this action only.

8.

Disposition of Confidential Information. To the extent permitted by the North

Carolina Rules of Professional Conduct, within 30 days of the completion of this action (which
shall be the earlier of the date upon which judgment becomes final after all appeals have been
exhausted the date on which the action is terminated by stipulation of dismissal), all parties shall
destroy all Confidential Information and copies thereof obtained through discovery, and counsel
for each party shall prepare, file and serve on counsel for all other parties a written certification of
compliance with this provision; provided, however, that nothing in this provision or Paragraph
shall require the destruction of attorney work product.

9.

Procedural Reach of Restrictions. Restrictions in this Order on the disclosure and

use of Confidential Information shall continue during any trial or hearing of this action until
completion of the action and disposition in accordance with Paragraph 12 of this Order.
10.

Modification of Order. Any party may seek to have the terms of this Order

modified upon due notice to all of the other parties.

11.

Enforcement. Each person who receives the Confidential Information in this action

submits himself or herself to the personal jurisdiction of the Court, wherever he or she shall be
found, solely for the purposes of the enforcement of this Order.
12.

Use of Information. This Order shall not be construed as prohibiting or restricting

the use of Confidential Information during depositions, hearings, trial, or any appellate proceeding
in this matter. Within ten days of use of Confidential Information, the party desiring that the
materials be maintained under seal shall file with the Court a Motion to Seal specifying the
interests which would be served by restricting public access to the information.

5th
March
So ORDERED this the ______ day of ___________ , 2015.
5th
March

______________________________________
U.S. Magistrate Judge Robert T. Numbers II