Ruffin et al v. E.C.I., Inc.

Filing 32

STIPULATED QUALIFIED PROTECTIVE ORDER. Signed by Judge Thomas M Rose on 1-28-2015. (de)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
ANDRE F. RUFFIN, et al.
Plaintiffs,
v.
E.C.I., INC.
Defendant.

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Case No. 3:14-cv-00216
JUDGE THOMAS M. ROSE

STIPULATED QUALIFIED PROTECTIVE ORDER
Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and the Health Insurance
Portability and Accountability Act (HIPAA) along with its implementing regulations,
specifically 45 C.F.R. § 164.512(e)(1), the Court finds good cause for the issuance of a qualified
protective order and ORDERS as follows:
1.

The parties and their attorneys represent that information containing “protected

health information” of individuals who are not parties to this litigation may be relevant to the
claims or defenses asserted in this case. The parties and their attorneys are hereby authorized to
receive, subpoena and transmit “protected health information” pertaining to residents of the
Walford (Philly), Trotwood and Liberty Houses (herein the “Residents”) to the extent and
subject to the conditions outlined herein.
2.

For the purposes of this qualified protective order, “protected health information”

shall have the same scope and definition as set forth in 45 C.F.R. § 160.103. Protected health
information includes, but is not limited to, health information, including demographic
information, relating to either (a) the past, present, or future physical or mental condition of an
individual, (b) the provision of care to an individual, or (c) the payment for care provided to an
individual, which identifies the individual or which reasonably could be expected to identify the

individual that is (a) transmitted by electronic media, (b) maintained in electronic media, or (c)
transmitted or maintained in any form or medium, excluding health information described in 45
C.F.R. 164.103 Protected health information (2)(i)-(iv).
3.

All “covered entities” (as defined by 45 C.F.R. § 160.103), including Defendant

E.C.I., Inc., are hereby authorized to disclose protected health information pertaining to the
Residents, subject to the minimum necessary standard described in 45 C.F.R. 164.502(b), to
attorneys representing the Plaintiffs and Defendant in the above-captioned litigation.
4.

The parties and their attorneys shall be permitted to use or disclose the protected

health information of the Residents for purposes of prosecuting or defending this action
including in any appeals of this case. This includes, but is not necessarily limited to, disclosure to
their attorneys, experts, consultants, court personnel, court reporters, copy services, trial
consultants, and other entities or persons involved in the litigation process.
5.

Prior to disclosing the Residents’ protected health information to persons involved

in this litigation, counsel shall inform each such person that the Residents’ protected health
information may not be used or disclosed for any purpose other than this litigation. Counsel shall
take all other reasonable steps to ensure that persons receiving the Residents’ protected health
information do not use or disclose such information for any purpose other than this litigation.
6.
designated

Documents constituting or containing protected health information shall be
by

placing

the

legend

“CONFIDENTIAL

–

PROTECTED

HEALTH

INFORMATION” on each page of the Document prior to production of the document. Other
records and items shall be prominently marked in a reasonably equivalent way. Designated
material not reduced to documentary, tangible or physical form or which cannot be conveniently

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designated in the manner set forth herein shall be designated by the producing party by
informing the receiving party in writing. If the protected health information is contained in
deposition, trial, hearing, or other testimony, any such transcript of testimony may be designated
as containing protected health information in accordance with this Order by so notifying all other
parties on the record, at the time the testimony is taken, or by notifying all other parties in
writing within thirty (30) days of receipt of the transcript, of the specific pages and line numbers
of the transcript containing protected health information. Only such designated pages and line
numbers shall be considered protected health information under this Order.
7.

Inadvertent failure to designate any information as protected health information

pursuant to this Order shall not constitute a waiver of any otherwise valid claim for protection, so
long as the designation is asserted after discovering the inadvertent failure to so designate. In
the event of such assertion, arrangements shall be made to allow the disclosing party to
appropriately label the information in accordance with this Order. The recipient shall have no
liability, under this Order or otherwise, for any disclosure of information contained in unlabeled
documents or things occurring before the recipient was placed on notice of the party’s
designation.
8.

Within 45 days after the conclusion of the litigation, including appeals, the

parties, their attorneys, and any person or entity in possession of protected health information
received from counsel pursuant to paragraph four of this Order, shall destroy any and all copies
of the Residents’ protected health information, except that counsel are not required to secure the
return or destruction of protected health information submitted to the court.

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9.

This Order does not control or limit the use of protected health information

pertaining to the Residents that comes into the possession of the parties or their attorneys from a
source other than a “covered entity,” as that term is defined in 45 C.F.R. § 160.103.
10.

Nothing in this Order authorizes counsel to obtain medical records or information

through means other than formal discovery requests, subpoenas, depositions, pursuant to a
patient authorization, or other lawful process.
11.

This Order does not supersede the Stipulated Confidentiality and Protective Order

entered on October 31, 2014 (Doc. #19), however, to the extent that there is a conflict between
this Order and the Stipulated Confidentiality and Protective Order with respect to protected
health information, this Order controls.
12.

This Order does not authorize either party to seal court filings or court

proceedings. The Court will make a good cause determination for filing under seal if and when
the parties seek to file the Residents’ protected health information under seal.
SO ORDERED.
Signed on this the 28th day of January, 2015.
*/Thomas M. Rose
_____________________________________
UNITED STATES DISTRICT JUDGE
Judge Thomas M. Rose

WE SO MOVE/STIPULATE and agree to
abide by the terms of this Order

WE SO MOVE/STIPULATE and agree to
abide by the terms of this Order

/s/ Tara A. Aschenbrand
Tara A. Aschenbrand (0075090)
Meghan E. Hill (0078183)
SQUIRE PATTON BOGGS (US) LLP

_/s/ Robert E. DeRose (w/ perm. 1/23/15)
Robert E. DeRose
Robi J. Baishnab
Trent R. Taylor

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2000 Huntington Center
41 South High Street
Columbus, OH 43215
Telephone: :[phone]
Fax: [phone]
[e-mail]
[e-mail]

Barkan Meizlish Handelman
Goodin DeRose Wentz, LLP
250 E. Broad Street, 10th Floor
Columbus, Ohio 43215

Counsel for Defendant E.C.I. Inc.

Counsel for Plaintiffs

Dated: January 27, 2015

Dated: January 27, 2015

Brett R. Bissonnette
Hochman & Plunkett
3033 Kettering Blvd. Suite 201
Kettering, Ohio 45439

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