Sun v. Secretary, Department of Veterans Affairs

Filing 12

AGREED PROTECTIVE ORDER. Signed by Magistrate Judge Kimberly A. Jolson on 7/25/2018. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
QIXIN SUN, M.D.,

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Plaintiff,
v.
DAVID SHULKIN,
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SECRETARY FOR THE UNITED
STATES DEPARTMENT OF
VETERANS AFFAIRS,
Defendant.

CASE NO. 2:17-cv-1039
JUDGE SMITH
MAGISTRATE JUDGE JOLSON

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AGREED PROTECTIVE ORDER
The United States Department of Veterans Affairs intends to disclose to Plaintiff Qixin
Sun, M.D., records about VA patients who are not parties to this case. These records are protected
by the Privacy Act of 1974, 5 U.S.C. § 552a, and the Health Insurance Portability and
Accountability Act of 1996, Pub. L. 104-191, 110 Stat. 1936. The VA is hereby AUTHORIZED
AND ORDERED under 5 U.S.C.
§ 552a(b)(11), 45 C.F.R. § 164.512(e), and Federal Rules of Civil Procedure 5.2(e)(1) and 26(c),
to disclose such records to Plaintiff Sun without obtaining the prior written consent of the
individuals to whom the records pertain.
The production of the records described above is subject to the following conditions:
1. The records will be disclosed to Plaintiff Sun with the patient’s name, date of birth, and
first five digits of the social security number redacted. Additionally, phone numbers, physical
addresses, and email addresses for patients will be redacted. The foregoing information will also
be redacted for patient relatives. Personally identifiable information beyond the above specific
redactions is authorized to be produced.

2. Plaintiff Sun shall use the documents produced for only the limited purpose of litigating
this action. Plaintiff Sun may disclose the documents only to expert witnesses, attorneys or their
staff (if he retains an attorney for this litigation), court reporters for depositions, mediators or their
staff for settlement purposes, or Court personnel. Any persons to whom the documents, or
information contained in the documents, are disclosed shall be given a copy of this Order and
advised of its terms.
3. The production of records under this Order is not a waiver of either party’s right to claim
that the documents or information contained in the documents are inadmissible at trial.
4. Records containing the redactions in Paragraph 1 are authorized to be filed with the Court,
without being filed under seal. If the parties seek to file any records under seal in this case, leave
of Court must be sought under S.D. Ohio Civ. R. 5.2.1(a) and will be granted only upon a showing
of good cause.
5. Within 60 days after the conclusion of this litigation, to include any appeal, Plaintiff Sun
will return all documents produced in discovery to him in this action, including any duplication or
copy, to the undersigned counsel for the United States Department of Veterans Affairs.
Alternatively, Plaintiff Sun may certify in writing to the undersigned counsel that he has destroyed
all the documents the VA produced to him in this action.
6. The Court will consider any allegations of abuse or violation of this Order. If an allegation
of abuse or violation of this Order is found, the Court may take disciplinary action against the
appropriate parties.
7. This Order is subject to modification by the Court upon application of either party.

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IT IS SO ORDERED.
Date: July 25, 2018

/s/ Kimberly A. Jolson
KIMBERLY A. JOLSON
UNITED STATES MAGISTRATE JUDGE

Agreed to by:
BENJAMIN C. GLASSMAN
United States Attorney
s/John J. Stark
JOHN J. STARK (0076231)
Assistant United States Attorney
303 Marconi Boulevard, Suite 200
Columbus, OH 43215
Office: [phone]
Fax: [phone]
E-mail: [e-mail]

s/Qixin Sun (email consent 7/24/18)
Qixin Sun, M.D. (Pro Se)

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