Scott et al v. Sree-Lumberton, LLC et al

Filing 69

ADDENDUM TO CONSENT PROTECTIVE ORDER: Confidential Health Information (As Modified) - Signed by US Magistrate Judge James E. Gates on 3/20/2018. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
BARBARA SCOTT, et al. ,
Plaintiffs,
v.

SREE-LUMBERTON, LLC, et al.,

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No. 7:16-CV-401-D

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Defendants.

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ADDENDUM TO CONSENT PROTECTIVE ORDER:
CONFIDENTIAL HEAL TH INFORMATION
(AS MODIFIED)
I.

This Addendum to the Consent Protecti ve Order (Dkt. 64) shall govern the use

and disclosure of all materi al and in formation designated as "CONFIDENTIAL - MEDICAL''
pursuant to Paragra ph 3 of thi s Addendum. The terms of the Consent Protect ive Order shall
apply to mate rial and in format ion so designated , except as altered by thi s Addendum.
2.

"Co nfidenti al Health Information'' means any document or information suppli ed

in any form , or any portion thereof, th at identifi es an individual in any manner and relates to the
past, present, or future care or health services regardin g the individual , relates to the physical or
mental health conditi on of such individual in any way, or relates to the provi sion of health care to
such individual. "Confidential Health In formation " includes, but is not limited to, medica l bill s,
claims forms , charge sheets, medical record s, med ical charts, test results, notes, dictation,
summar.iforms, intake forms , and rel ated records . ·'Con fidential Health Inform ation" also
includes all notes, summaries, compilations, extracts, abstracts, or oral communications that
contain, are based on, or are derived from "Confidential Health Information ."

3.

Either party may designate any documents or other materials as

"CONFIDENTIAL - MEDICAL" if counsel believes, in good faith, that the documents contain
or reflect Confidential Health Information .
4.

Any Confidential Health Information filed with the Court shall be filed under seal

according to the procedures set forth in the Consent Protective Order.
5.

Materials designated as "CONFIDENTIAL - MEDICAL" shall be used or

disclosed by the receiving party solely for purposes of prosecuting or defending this action, and
shall not be revealed, discussed, or disclosed to any person or entity other than:
(a)

The attorneys that have entered appearances in this litigation and necessary staff

employed by such attorneys;
(b)

The Court in this action, or any other court having jurisdiction over discovery

procedures in the action, any court reporter or typist recording or transcribing testimony in this
action, and any outside, independent reproduction firm ;
(d)

Medical or psychiatric experts retained by the Parties in connection with this

matter, whether testifying or non-testifying;
(e)

Witnesses during their depositions whose testimony concerns either the subject

matter of the documents containing Confidential Health Information or Plaintiffs ' allegations of
emotional distress;
(f)

Lndividuals who authored or previously received the document in question; or

(g)

Other persons who may be designated by consent of all attorneys of record or

pursuant to Court order.

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6.

Prior to disclos ure to any person pursuant to Paragraphs 5(d), (e), or (g), such

person shall be furnished with a copy of Consent Protective Order and this Addendum and shall
be required to certify in writing that he or she has read this Order and Addendum, understands
them, and agrees to be bound by their terms. Such certification shall be in the form of the
Acknowledgment of Stipulation and Protective Order included as Attachment A. Pursuant to the
Consent Order, Court personnel are excluded from any requirement to sign Attachment A (Dkt.
64 at 6).
7.

The recipient of any Confidential Health Information that is provided pursuant to

this Order shall maintain such Confidential Health Information in a secure and safe area; shall
exercise due and proper care with respect to the storage, custody, and use of all Confidential
Health Information; and shall not reveal, discuss, or di sclose such Confidential Health
Information in any manner or in any form to any person or any entity other than as provided in
this Order.
8.

Materials designated "CONFIDENTIAL- MEDICAL" shall be destroyed by the

receiving party (and certified in a letter as having been destroyed), or returned to the producing
party as indicated in Paragraph 13 of the Consent Order.

Dated: February 13, 20 18
Respectfully submitted,
Isl Tara K. Ramchandani
Reed N. Co lfax (appearing by special permission pursuant to L.R. 83. l(d))
Tara K. Ramchandani (appearing by special permission pursuant to L.R. 83.1 (d))
Alexa Milton (appearing by special permission pursuant to L R. 83.l(d))
RELMAN, DANE & COLFAX PLLC
1225 19th Street, N.W., Suite 600
Washington , D.C . 20036
[phone] (te lephone)
[phone] (facsimile)

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tramchandani@ relmanlaw.com
[e-mail]
Jack Holtzman (N.C. Bar # 13548)
Emily Turner (N.C. Bar #49578)
NORTH CAROLINA JUSTICE CENTER
P.O. Box 28068
Raleigh, NC 2761 1-8068
[phone] (telephone)
[phone] (facsimile)
[e-mail]
[e-mail]

Counsel for Pla inti.ff.~·

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COURT'S APPROVAL AND MODIFICATIONS

This Addendum to the Consent Protective Order entered in this case (D.E. 64) is the
subject of the parties' motion (D.E. 65) for entry thereof in the form proposed at D.E. 65-1. The
court hereby ALLOWS the motion, and APPROVES and ADOPTS the foregoing terms of the
Addendum to the Consent Protective Order, subject to the following modifications:
1.
A party may designate any document or information in whatever form as
"Confidential- Medical," pursuant to paragraph 2 of the Addendum to the Consent Protective
Order only if such party believes in good faith that such document or information qualifies for
protection under Federal Rule of Civil Procedure 26(c).
2.
The return of trial exhibits by the court shall be governed by Local Civil Rule
79.1 , E.D.N.C., notwithstanding any contrary terms in this Addendum to the Consent Protective
Order, including any such terms in paragraph 8.
SO ORDERED, this 20th day of March 2018.

Jfiln~

United States Magistrate Judge

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