Courtney v. Ikea U.S. East, LLC

Filing 26

CONSENT PROTECTIVE ORDER. Signed by Magistrate Judge David Keesler on 10/27/17. (mga)

Download PDF
IN THE UNITED STATES DISTRICT C O URT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CIVIL ACTION NO.: 3:16-CV-569-DCK DAVIDA COURTNEY, Plaintiff, v. IKEA U.S. EAST, LLC, IKEA U.S. EAST, INC., IKEA PROPERTY INC., IKEA PROPERTIES, INC., IKEA HOLDING U.S. INC., IKEA U.S. WEST, INC. CONSENT PROTECTIVE ORDER Defendants. Defendants have requested certain medical and psychiatric documents via discovery, which constitute confidential medical and protected health information protected by the HIPAA (Health Insurance Portability and Accountability Act), the right of privacy, the physician-patient privilege, patient-psychologist privilege, nurse-patient privilege, and 42 C.F.R. Part 2, and / or North Carolina common law. Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, Plaintiff and Defendants hereby agree and stipulate, through their respective counsel, to the entry of this Order for the protection of Plai ntiff s med ical and psychiatric records. The pa rties wish to ensu re that the information contained therein shall not be disclosed to u nauthorized persons, and shall not be used for any purpose other tha n this litigation. IT IS HEREBY ORDERED, therefore, that this Protective Order shall apply to all materials produced in response to Defendants' Request(s) for Production of Documents, or otherwise, and all materials previously provided to Defendants' agents, insurers, or representatives as they relate to medical, psychiatric, and protected health information. The Court further ORDERS as follows: 1. Plaintiff's medical and psychiatric records and medical and psychiatric bills shall be deemed CONFIDENTIAL INFORMATION without the need to mark such documents. Such CONFI DENTIAL INFORMATION and information contained therein shall be disclosed ONLY for use in this action and for no other purpose. 2. To the extent the medical or psychiatric records may contain information protected by 42 C.F.R. Part 2, the court determines this Order meets the criteria of 42 C.F.R. 2.63 - 2.64. 3. The CONFIDENTIAL INFORMATION shall not be otherwise reviewed, disclosed or released to anyone other than: (a) The Court and its officers; (b) Counsel of record and employees of counsel of record; (c) Experts or consultants retained by the parties or their attorneys to assist them in the preparation of this case or to serve as expert witnesses at the trial of this action; (d) Court reporters or videographers engaged to record depositions, hearings or trials in this action; (e) Outside companies engaged by counsel for the parties to photocopy such documents; (f) Insurance adjusters, claims managers or other persons employed by any insurance company which provides coverage for the alleged acts or losses raised by the parties; (g) Parties to this action and their employees. 4. Disclosure of CONFIDENTIAL INFORMATION pursuant to this Order shall be handled as follows: (a) Any person described in subparagraphs 6(a), (b), (c), (d), (e), (f) and (g) of this Order is bound by the provisions of this Order without the necessity of executing a separate confidentiality agreement; (b) Prior to making disclosures to any person set forth in subparagraph 6(c) and (f) of this Order, the party disclosing the CONFIDENTIAL INFORMATION shall inform any persons to whom the disclosure is made that CONFIDENTIAL INFORMATION shall be used for the purpose of the prosecution or defense of this action only, and that said person shall be bound by the terms of this Order. A record of all persons to whom disclosures are made shall be kept in the possession, custody and control of counsel who made the disclosure. All CONFIDENTIAL INFORMATION and any documents containing information derived therefrom, including copies of such documents, shall be returned to counsel by persons given access to them as soon as practicable at the close of this case. 5. The production or disclosure of CONFIDENTIAL INFORMATION pursuant to the terms of this Order by the producing party shall not be construed as prohibiting or restricting the use of CONFIDENTIAL INFORMATION during depositions, any hearing, the trial of this matter, or any appellate proceeding. Similarly, no party shall be deemed to have waived any objections as to the relevancy, admissibility, discoverability or any other objection under the Federal Rules of Civil Procedure or the Federal Rules of Evidence in connection with any proceeding in this action. 6. No CONFIDENTIAL INFORMATION shall be used for any purpose other than for relevant and proper conduct of this L itigation. 7. If any such CONFI DENTIAL INFORMATION is used in connection with a deposition or other discovery or documents filed with the court, the deposition transcript, filing or paper shall be submitted to the court with a request that the document be placed under seal and appropriately marked to indicate that the transcript, filing or paper is subject to the terms of this Order, or redacted so as to eliminate sensitive personal information. 8. The inadvertent, unintentional or in camera disclosure of confidential documents and information shall not, under any circumstances, be deemed a waiver, in whole or in part, of any party's claims of confidentiality. 9. Within 60 days after the entry of final judgment or dismissal in this litigation (including appeals or petitions for review), the party's counsel, their staff, and all experts and/or consultants for the parties shall return all medical and psychiatric records containing such CONFIDENTI AL INFORMATION produced (including all Xeroxed copies of same) to the party producing said documents or shall destroy the same with a written certification by the party's counsel of record that all such documents and copies of the same have in fact, been returned or destroyed; provided, counsel shall be permitted to maintain such documents for their case files, which shall continue to be subject to the terms of this Order. 10. Each person who receives CONFIDENTIAL INFORMATION submits himself or herself to the personal jurisdiction of this Court, wherever he or she shall be, for the enforcement of the provisions contained in this Order. 1 1. Either party may at any time seek modification of this Protective Order by agreement, or failing agreement, by motion to the court. SO ORDERED. Signed: October 27, 2017 CONSE NTED TO: This the 17th day of October, 2017. s/W. Michael Workma n W. Michael Workman NC State Bar No. 23924 Attorney for Plai ntiff Workma n Law Firm, PLLC 521 East Blvd. Charlotte North Ca roli na 28203 Phone: 704-714-6551 Fax: 980-202-4628 Email: m ike@work ma n lawfi s/Susan L. Hofer Susan L. Hofer NC State Bar No. 29717 Attorney for Defendants CRAN FI LL SUMN ER & HARTZOG, LLP 2907 Providence Road, Suite 200 Charlotte North Carolina 28211 Phone: 704332-8300 Fax: 704-332-9994 Email: CERTIFICATE OF SERVICE I, W. Michael Workma n, do hereby certify that on October 17, 2017, I electronically filed the foregoi ng Consent Protecti ve Order, using the CM M/ECF system which will send notification of such fil ing to the followi ng: Susan L. Hofer and M ica N. Worthy, Cra nfill, Sum ner & Ha rtzog, LLP, 2907 Providence Rd., Ste. 200, Cha rl otte, NC 28211, Attorneys for Defendants IKEA U.S. East LLC, IKEA U.S. Property, Inc., IKEA Holding, U.S., Inc., and IKEA U.S. West, Inc. s/W. Michael Workma n W. Michael Workman NC State Ba r No. 23924 Attorney for Plai ntiff Workman Law Firm, PLLC 521 East Blvd. Charlotte North Carolina 28203 Phone: 704-714-6551 Fax: 980-202-4628 Email: mi ke@workma nlawfi

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?