Jones v. First Citizens Bank & Trust Company et al

Filing 109

PROTECTIVE ORDER. Signed by Magistrate Judge David Keesler on 1/17/23. (mga)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CASE NO. 3:20-CV-445-GCM-DCK
RICKY D. JONES,
Plaintiff,
v.
FIRST CITIZENS BANK & TRUST
COMPANY and CENTRAL LOAN
ADMINISTRATION AND REPORTING,
Defendants.

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ORDER

THIS MATTER IS BEFORE THE COURT on Defendant’s “Consent Motion For
HIPPA Protective Order Authorizing Access To Medical Records” (Document No. 107) filed
January 17, 2023. This motion has been referred to the undersigned Magistrate Judge pursuant to
28 U.S.C. § 636(b), and immediate review is appropriate. Having carefully considered the motion
and the record, and noting Plaintiff’s consent, the undersigned will grant the motion.
IT IS, THEREFORE, ORDERED:
1.

The parties are hereby granted the right, upon compliance with the applicable

provisions of the Federal Rules of Civil Procedure and the Orders of this Court, to obtain from any
health care provider, health plan, or other entity covered by the Health Insurance Portability and
Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1936 (1996) (“HIPAA”), any and all
information relating to the past, present, or future medical condition of Plaintiff Ricky D. Jones,
as well as any and all information relating to the provision of health care to such individual and
payment for the provision of such health care.

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2.

The parties are further authorized to inspect and make copies of certain medical

records for Plaintiff Ricky D. Jones shipped to the Court by Novant Medical Group, Inc. on or
about November 10, 2022.
3.

This Order authorizes any third-party who is provided with a subpoena requesting

the production of documents or commanding attendance at deposition or trial to disclose Protected
Health Information in response to such request or subpoena. This Order is intended to authorize
such disclosures under the privacy regulations issued pursuant to HIPAA. See 45 C.F.R. §
164.512(e)(1)(i).
4.

The parties are expressly prohibited from using or disclosing any Protected Health

Information obtained pursuant to this Order for any purpose other than this action. Further, this
Order will expire at the conclusion of this action and the parties are ordered to either return to the
covered entity from whom or which such Protected Health Information was obtained, or to destroy
the Protected Health Information (including all copies made), immediately upon conclusion of this
action. See 45 C.F.R. §§ 163.502(b); 164.512(e)(1)(v).
SO ORDERED.

Signed: January 17, 2023

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