Insprucker v. CareSource Management Services LLC

Filing 10

STIPULATED AND HIPAA QUALIFIED PROTECTIVE ORDER. Signed by Judge Walter H. Rice on 9/16/22. (pb)

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION(DAYTON)
PATRICIA INSPRUCKER,

Plaintiff,

CASE NO. 3:22-cv-00229

(Judge Walter H. Rice)
(Magistrate Judge Caroline H. Gentry)

,STIPULATED AND

CARESOURCE MANAGEMENT

SERVICES LLC,

HIPAA QUALIFIED
PROTECTIVE ORDER

Defendant.

Plaintiff Patricia Insprucker and Defendant CareSource Management Services
LLC (collectively, "Parties"; individually, "Party"), recognize the need to provide for the
expeditious transfer of confidential and Protected Health Information ("PHI")between them and
their representatives, in connection with the above-captioned litigation. To achieve this goal, and

with the agreement ofthe Parties, IT IS ORDERED that for good cause shown,the instant
Stipulated and HIPAA Qualified Protective Order is entered to govern the production and

exchange of Confidential Information as defined in Paragraph 1 below.

1.

Scope. Certain documents or electronically stored information relevant to

this Litigation may contain confidential information, and commercially sensitive or proprietary
information, the disclosure of which may be prejudicial to the interests ofa Party, and protected
health information, including Plaintiffs PHI, deemed private under state and federal law,
including but not limited to the Health Insurance Portability and Accountability Act of 1996

("HIPAA")and regulations promulgated thereunder by the U.S. Department of Health and
Human Services,45 C.F.R. Parts 160, 162, and 164(the "HIPAA Rules"), the Health
Information Technology for Economic and Clinical Health Act of2009(the "HITECH Act").

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and/or applicable state law. Parties may also be required to disclose trade secrets or proprietary
commercial information, and personnel records. Such information is referred to collectively as
"Confidential Information." The Parties may produce certain Confidential Information for use in

the Litigation subject to the terms ofthis Protective Order.

The Parties, and any other person who agrees to be bound by the terms ofthis
Order, are prohibited from disseminating Confidential Information beyond the parameters

established by this Order or using Confidential Information for any purpose other than the
prosecution or defense ofthe Litigation, including but not limited to mediation, settlement
discussions, hearings, trial, appeals(including the expiration ofthe time to commence appellate
proceedings without appeal), and preparation for the same (collectively, "Litigation"). The

Parties, and any other person who agrees to be bound by the terms ofthis Order, are required to
ensure that any use or disclosure of protected materials be made consistent with the terms ofthis
Order.

2.

Form and Timing of Designation. Any document or electronically

stored information produced in discovery, or any summaries or compilations derived therefrom,
including but not limited to productions of documents, answers to interrogatories, responses to

requests for admissions, deposition testimony, exhibits, and all other discovery, regardless ofthe

format, may be designated as Confidential Information by marking it as "CONFIDENTIAL." If
a Party is the producing party, then such designation shall be made at the time that copies are
furnished to a Party conducting discovery or when such documents are otherwise disclosed. If a
third party subpoenaed by one ofthe Parties is the producing Party, then such designation shall
be made by that third party at the time that copies are furnished to a Party conducting discovery

or when such documents are otherwise disclosed, or by any Party within thirty(30)days after

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such copies are furnished to a Party conducting discovery or otherwise disclosed ifthe copies
contain information relating to the Party making that designation. The appropriate designation
shall be marked on every page ofthe document with the appropriate legend, unless marking on

the cover page is sufficient to designate the entire document. The designation shall not interfere
with the legibility ofthe information contained in the document.

3.

Documents Which May be Designated "CONFIDENTIAL." Any

Party or any third party subpoenaed by one ofthe Parties may designate documents as

"CONFIDENTIAL" upon making a good faith determination that the documents contain,
constitute, or refer to i) information protected from disclosure by statute or that should be

protected from disclosure as confidential personal information, medical or psychiatric
information, PHI, personnel records, or such other sensitive information that is not publicly
available, or that is to be kept confidential due to preexisting obligations; or ii) trade secrets,

personnel records, or such other sensitive commercial information that is not publicly available.

4.

Documents Which May Not Be Designated "CONFIDENTIAL."

Nothing shall be designated as "CONFIDENTIAL" if it is information that:
A.

is in the public domain at the time of disclosure;

B.

becomes part ofthe public domain through no action or fault ofthe
other Parties, the receiving Party, or counsel, or any expert, or
other person to whom disclosure is permitted pursuant to this
Order;

C.

was in the rightful and lawful possession ofthe receiving Party at
the time of disclosure on a non-confidential basis from a source

other than the producing Party, provided that such source is not
bound by a confidentiality agreement with the producing Party; or

D.

is lawfully received by the receiving Party at a later date from a
Party without restrictions as to disclosure, provided such Party has
the right to make the disclosures.

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5.

Depositions. The Parties may designate information disclosed at a

deposition as Confidential Information by indicating on the record at the deposition that a

specific portion oftestimony or any exhibit identified is so designated and subject to the terms of
this Order; or, alternatively, in writing, by any Party within 30 days ofreceipt ofthe final copy of
the written deposition transcript. The court reporter shall stamp the portions of deposition

testimony or any exhibit identified during a deposition designated as containing Confidential
Information as "CONFIDENTIAL" and access to such information shall be limited as provided
in this Order. Confidential Information shall not lose its character because it is designated as an

exhibit to a deposition, regardless of whether the deposition or deposition transcript itself is later
designated, in whole or part,"CONFIDENTIAL." If, within thirty(30)days ofreceipt ofthe
final transcript, no party designates in writing, certain portions ofthe transcript as
"CONFIDENTIAL," then all Parties shall be permitted to use such portions ofthe transcript and
the information contained therein with no restrictions on confidentiality.

6.

Expert Reports. In the case of expert reports, if any information

identified or paraphrased in, or attached to the report is designated as "CONFIDENTIAL," then
the report shall be marked on the cover as "CONFIDENTIAL" and the portion ofthe report

reflecting such information shall be stamped the same. The Party retaining the expert shall be
responsible for the initial stamping ofeach report.

7.

Protected Health Information. "PHI" shall have the same scope and

definition as set forth in 45 C.F.R. § 160.103, and applicable state law, without regard to whether

the material has been designated as "CONFIDENTIAL." Without limiting the generality ofthe
foregoing,"PHI" refers to individually identifiable health information, including without limit
demographic information, collected from an individual or subscriber, that:(a)is created or

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received by a health care provider, health plan, employer, or health care clearinghouse; and(b)
relates to the past, present or future physical or mental health or condition of an individual or

subscriber, or the past, present or future payment for the provision of health care to an individual
or subscriber, and (i)that identifies the individual or subscriber, or (ii) with respect to which
there is a reasonable basis to believe the information can be used to identify the individual or

subscriber. Subject to the rules of procedure governing this Litigation and without prejudice to
any objection made by any Party except as otherwise provided in this Order, the Parties are
authorized to disclose to each other PHI,subject to all terms ofthis Order and without limitation

to Paragraph 9 below. Upon receipt of any PHI disclosed between the Parties during this

Litigation, the receiving Party shall take all reasonable measures necessary for protecting the PHI
from unauthorized disclosure as required under both state and federal law,including but not
limited to, HIPAA. Confidential Information includes PHI without regard to whether the

material has been designated "CONFIDENTIAL."

8.

Restrictions on Disclosure of Confidential Information Designated as

"CONFIDENTIAL." All Confidential Information designated as "CONFIDENTIAL" shall be
subject to the following restrictions:

A.

such documents, information, and things shall be used only for the
purpose ofthis Litigation and not for any other purpose
whatsoever;

B.

such documents, information, and things shall not be given to,
shown, made available, or communicated in any way inconsistent
with this Order or to anyone other than "Qualified Persons,"
defined below, which persons receiving Confidential Information
shall not make further disclosure to anyone except as allowed by
this Order; and

C.

no one except Qualified Persons, defined below, shall be provided
copies of any Confidential Information.

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D.

"Qualified Persons" means:

1.

the Judge assigned to this case, personnel ofthe Court,
court reporters, and video equipment operators at
deposition or hearing;

2.

outside counsel for the Parties and employees ofsuch
counsel, and copy service personnel retained by counsel
whose access to Confidential Information is necessary for
the purposes ofthis Litigation;

3.

in-house counsel, paralegals, and legal stafffor the Parties
whose access to Confidential Information is necessary for
the purposes ofthis Litigation;

4.

any Party to this action who is an individual;

5.

third parties retained by counsel for a Party or by a Party as
consulting experts or expert witnesses, consultants,
investigators, or advisors for the purposes ofthis Litigation
if they comply with paragraph 10 ofthis Order;

6.

document contractors, electronic discovery contractors,
exhibit contractors, and graphic art contractors who are
engaged by counsel to assist in preparation ofthis
Litigation ifthey comply with paragraph 10 ofthis Order;

7.

any present employee or officer of a named Party to this
Litigation whose access to Confidential Information is
necessary for purposes ofthis Litigation;

8.

any person indicated on the face ofthe Confidential
Information to have been its author, addressee, or copy
recipient;

9.

mediators or other settlement facilitators engaged by the
Parties or appointed by the Court to provide services
related to settlement discussions regarding this Litigation,
and to whom it is necessary that the information be
disclosed;

10.

any person who may testify as a witness at a deposition,
hearing, trial or other proceeding in this Litigation, to the
extent reasonably necessary to render or prepare for their
testimony ifthey comply with paragraph 10 ofthis Order;
and

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11.

9.

any other person by Order ofthe Court after notice to all
Parties and opportunity to be heard ifthey comply with
paragraph 10 of this Order.

Use and Disclosure ofPHI. All PHI shall be subject to the following

restrictions:

A.

All uses and disclosures ofPHI,including disclosures made to
facilitate discovery, shall comply,to the extent practicable, with
the minimum necessary standard set forth in 45 C.F.R. § 164.502.

B.

Upon compliance with all applicable discovery rules, statutes, and
precedent authorizing the disclosure ofPHI, all "Covered Entities"
(as defined by 45 C.F.R. § 160.43) are authorized to disclose PHI
to attorneys representing any ofthe Parties in this Litigation, which
information shall be stamped "CONFIDENTIAL" and treated as
such information is to be treated pursuant to this Order.

C.

In accordance with and as defined by the HIPAA Rules,
specifically 45 C.F.R. section 164.512(e)(l)(ii)(B) and (v),42
C.F.R. Part 2 and related state laws, all parties to this Litigation
are:

1.

prohibited from using or disclosing PHI for any purpose
other than the prosecution and defense ofthe Litigation.
This includes, but is not necessarily limited to disclosure to
their attorneys, experts, witnesses, consultants, court
personnel, court reports, mediators, electronic discovery or
copy services, trial consultants, discovery requests, and
other entities or persons involved in the litigation process.
Parties are required to designate PHI as
"CONFIDENTIAL" eind treat such information according
to the terms ofthis Order;

2.

required to securely destroy all copies ofthe PHI or to
retum them to the disclosing entity within 90 days ofthe
conclusion ofthe Litigation pursuant to paragraph 15 of
this Order; and

3.

permitted to file pleadings, discovery or other documents
which include or reference PHI with the court, subject to
the terms ofthis Order. Efforts shall be made to redact, as

appropriate, PHI prior to filing with the Court.

D.

Prior to disclosing PHI to any Qualified Person, counsel shall take
reasonable steps to inform each Qualified Person that PHI may not

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be used or disclosed for any purpose other than this Litigation.
Counsel shall take all other reasonable steps to ensure that persons
receiving PHI do not use or disclose such information for any
purpose other than this Litigation.
E.

Any recipient ofPHI shall implement reasonable administrative,
technical, and physical security safeguards for such PHI. All
persons who are provided PHI in this Litigation are required to
keep PHI secure and to take reasonable precautions to ensure
continued confidentiality, including precautions against
unauthorized copying, use, or disclosure ofinformation.

F.

PHI shall be treated as Confidential Information in accordance

with this Order without regard to any designation.

G.

Any person receiving information with PHI subject to this Order
shall sign the Acknowledgement attached to this Order as Exhibit
A. All counsel shall maintain a list ofthe names of all third

persons to whom disclosure of Confidential Information was made.
Counsel must also maintain the original, executed declaration in
Exhibit A for each person on the list.
H.

This Order is not an authorization to obtain records. All Parties

must fully comply with all applicable discovery rules, statutes, and
precedent. Upon such compliance, all "Covered Entities"(as
defined by 45 C.F.R. § 160.103) are authorized to disclose PHI to
the attorneys for the Parties now ofrecord in this Litigation or who
may become ofrecord in the future in this Litigation.

I.

Based upon this Order and commencing immediately from the date
ofthis Order, all persons, including but not limited to physicians
and other medical providers,

1.

shall comply with any and all subpoenas for records with or
without deposition to which no objection has been timely
filed, as well as other subpoenas served upon them at any
future time in the course ofthis Litigation; and

2.

are authorized and ordered to use or disclose PHI in

response to said subpoenas, ifsuch use or disclosure is
necessary to comply with these subpoenas.
10.

Acknowledgement Any Qualified Person identified in Paragraph 8(D)

above to whom Confidential Information and/or PHI is shown or to whom information contained

in such materials is to be revealed shall first be required to agree in writing to be bound by the

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terms ofthis Order, in the form attached as Exhibit A to this Order. Counsel making such

disclosure to such Qualified Person shall retain the signed, written agreement. As to each person
to whom any Confidential Information and/or PHI,in whole or in part, is revealed or shown

pursuant to this Order, such information may be used only for purposes ofthis Litigation and
may not be used for any other purpose. Ifdisclosure is made to a Qualified Person, the terms of
this Order apply to any subsequent or further disclosure to such person, and counsel must, before
disclosure of any Confidential Information and/or PHI, advise such person ofthe terms ofthis
Order.

11.

Excluding Non-Qualified Persons. Counsel for any Party to this

Litigation or counsel for the third-party witness may exclude from the room during any
deposition, hearing, mediation, or other proceeding, any person (other than the witness who is

then testifying) who is not entitled under this Order to receive Confidential Information and/or
PHI. Confidential Information and PHI may not be disclosed to the witness then testifying
except in conformity with this Order, as applicable. This provision does not prevent the Parties to

this Litigation or their designated employees from being present at any deposition, hearing, trial,
or other proceeding ifthey are advised that the information contained in the document is
Confidential Information and informed that an unauthorized disclosure ofthe information in the

document may constitute a breach ofthis Order.

12.

Control of Documents. Counsel for the Parties shall take reasonable and

appropriate measures to prevent unauthorized disclosure of documents designated as

"CONFIDENTIAL" pursuant to the terms ofthis Order. Counsel shall maintain the originals of
the forms signed by persons acknowledging their obligations under this Order for a period of one

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year after the later ofsettlement ofthe Litigation, dismissal ofthe Litigation, the entry of a final

award, and/or the conclusion of any appeals arising therefrom.

13.

The Parties' Right to Use Confidential Information. Notwithstanding

any other provision ofthis Order, the Parties shall confer and attempt in good faith to agree
before any hearing or other proceeding on the procedures to be included in a protective order

pursuant to which Confidential Information may be introduced into evidence or otherwise used
at such hearing, mediation, or other proceeding. Absent agreement, the Court shall be asked to

issue an order goveming the use ofsuch information at such hearing or other proceeding. In
addition, nothing in this Order shall be construed to limit in any way the right ofthe Parties, or
any oftheir affiliates, or any employees ofsuch Parties, to use Confidential Information they

produced for any purpose. This Order shall not affect the dissemination ofinformation obtained
by a Party other than through discovery in this Litigation.

14.

Filings containing Confidential Information. Any motion, brief, or

other filing that contains Confidential Information should be redacted, as appropriate, or leave of
Court should be sought to file such material under seal pursuant to all applicable law and local
rules.

15.

Conclusion of the Litigation. The provisions ofthis Order shall survive

the conclusion ofthis Litigation. Within 90 days ofthe later ofthe conclusion ofthis Litigation
(whether by final award, settlement, or otherwise), resolution of all available appellate and/or

confirmation proceedings, and the expiration ofthe time period in which to appeal, counsel of
record and each Party, person, and entity who obtained Confidential Information and/or PHI
shall either:(a) assemble and return to the producing party all materials that tend to reveal

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Confidential Information and/or PHI,in whole or in part, or(b)destroy all materials that tend to
reveal Confidential Information and/or PHI,in whole or in part, and, upon written request,
deliver an affidavit in substantially the same form as Exhibit B to counsel for the Party who

produced or supplied the Confidential Information and/or PHI. All documents prepared by
counsel or experts and consultants, containing summaries, abstracts or quotations fi-om
documents that contain PHI and are subject to this Order and Order to Disclose shall be returned

or destroyed within this same period. No originals or copies of any such Confidential
Information and/or PHI shall be retained by any person or entity to which disclosure was made,
except the Parties may retain one electronic or hard copy of all documents used in the Litigation.

Counsel are not required to secure the return or destruction ofPHI submitted to the Court.

16.

Failure to Designate. The failure of a producing Party to designate

material as "CONFIDENTIAL" in accordance with this Order, and the failure ofthe receiving

party to object to such a designation, shall not preclude the Party fi-om subsequently designating

or objecting to the designation of Confidential Information. The Parties understand and
acknowledge that the producing Party's failure to designate Confidential Information at or within
the time specified in this Order relieves the other Party of any obligation of confidentiality until
the designation is made.

17.

Retroactive Designation. Documents previously produced before the

entry ofthis Order, if any, shall be retroactively designated as Confidential Information for 30
days following the entry ofthis Order. Ifthe producing Party does not designate the materials as
"CONFIDENTIAL" within that time period, the materials shall thereafter be treated as

undesignated, unless such documents contain PHI, which shall be treated as Confidential

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Information designated as "CONFIDENTIAL" in accordance with this Order without regard to
any designation.

18.

Contesting a Designation. A receiving Party shall not be obligated to

challenge the propriety ofdesignating any Confidential Information at the time such designation
is made, and failure to do so shall not preclude a subsequent challenge. A Party may object to
the designation of any document or information as "CONFIDENTIAL" by stating its objection

(including a statement ofthe legal or factual basis for the objection) in writing to the Party
making the designation and it shall make a good faith effort to resolve the dispute with counsel
for the Party so designating the document. Ifthe Parties cannot reach agreement as to the

designation, the objecting Party may move the Court for an order determining whether such
document is "CONFIDENTIAL." Pending a final ruling by the Court on the motion,the initial
designation and the terms ofthis Order shall remain in effect.

19.

Non-Waiver. The production of Confidential Information under the terms

ofthis Order shall not be construed to mean that the producing Party has waived any objections

to the relevancy or admissibility ofsaid materials. Nothing contained in this Order shall
preclude any Party from opposing any discovery on any basis. The fact that any material or
record has been designated as "CONFIDENTIAL" pursuant to this Order shall not itself be
admissible into evidence and the Court shall not consider the fact ofsuch designation in
determining the merits ofthis case.

20.

Use of Confidential Information in Litigation. Except as otherwise

provided in this Order, nothing in this Order shall be construed to restrict the use or disclosure of

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Confidential Information designated as "CONFIDENTIAL" in motions, briefs, or other filings
prepared in this Litigation.

21.

No Effect on Other Duties to Maintain Confidentiality. Nothing in this

Order shall waive or modify any past, present, or future duty as to confidentiality, if any, which
may arise independently whether by contract or otherwise.

22.

Inadvertent Production of Confidential or PrivUeged Information.

The production of privileged (whether attorney-client privileged or privileged pursuant to statute
or common law)or work product material ("Privileged Information"), or Confidential

Information, without a designation shall not be deemed a waiver or impairment of any claim of
the confidentiality or privileged nature of any such material. If a propounding Party

inadvertently produces information or documents that it considers Privileged Information or
Confidential Information, in whole or in part, it may retrieve such information or documents or
parts thereof, as follows:
A.

Within 5 business days ofthe discovery ofthe inadvertent
production, the producing party shall give written notice to all
parties who received copies ofthe relevant document or
information, in whole or in part, ofthe producing Party's claim of
privilege or confidentiality, and shall state the nature ofthe
privilege or Confidential Information(which,in the case of
Privileged Information, shall consist of or be the equivalent of a
privilege log entry for the document(s)in question);

B.

Within 5 business days ofreceipt ofsuch notice provided in
subsection (a)above, all Parties who have received copies ofthe
produced documents shall cease using the documents and, to the
extent practicable, return them to the producing party. In the event
that only parts ofthe documents are claimed to be privileged, the
producing Party shall furnish redacted copies ofsuch privileged
documents,removing only the part(s) claimed to be privileged, to
all Parties within ten (10)days oftheir return to the producer. The
Privileged Information or Confidential Information shall be
redacted, returned, or destroyed in such a way that the

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inadvertently disclosed information cannot in any way be retrieved
or inferred. Upon request, the non-producing Parties shall provide
a written certification that the inadvertently disclosed Confidential
Information or Privileged Information was returned or destroyed;
C.

After timely service ofsuch notice, no motion to compel the
production ofthe document or opposition to a motion to retrieve
such a document may rely on an allegation that any privilege or
protection as to the document was waived by its production;

D.

Nothing in this paragraph shall preclude any recipient ofsuch
notice from promptly moving for an order compelling production
ofsuch document on the ground that the claim of privilege or
confidentiality is not well-founded. In that event, the inadvertently
produced document may be reviewed by the Court to determine if
the claim ofprivilege protection is well founded. The burden is on
the producing Party to prove that the disclosed Privileged
Information in dispute is protected;

E.

With respect to information subsequently generated by a receiving
Party, which contains information derived Ifom inadvertently
disclosed Privileged Information: i) the receiving Party shall not
use or disclose that information upon received notice from the
disclosing Party asserting the inadvertent disclosure ofPrivileged
Information; and ii) if the receiving Party does not obtain an order
compelling production pursuant to a timely filed motion to compel,
the receiving Party shall, within 5 business days after the deadline
to file a motion to compel (if no motion is filed), or within 5
business days after leaming ofthe denial (if a motion is filed),
either destroy the derivative disclosed Privileged Information or
redact from them all such derivative Privileged Information in a
manner such that the derivative Privileged Information cannot in
any way be retrieved, inferred, or reproduced;

F.

Regardless ofthe volume ofdocuments inadvertently produced,
the nature and extent ofthat production cannot constitute a waiver
of any privilege that attaches to other documents that address the
same topic or issue;

G.

Upon notice that any Confidential Information has not been
appropriately designated, and should be redesignated as
"CONFIDENTIAL," the Party receiving such notice shall make a
reasonable, good faith effort to ensure that any analyses,
memoranda,or notes that were generated based upon such material
before its redesignation shall immediately be treated in conformity
with any such redesignation;

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H.

23.

Nothing in this paragraph shall limit a party's ability to assert to the
Court that a disclosing Party's affirmative use of disclosed
Privileged Information or Confidential Information in this
Litigation iffairness requires disclosure of privileged work or
work product protected information.

Unauthorized Disclosure. In the event of disclosure of any Confidential

Information to a person not authorized to have access to such material, the Party responsible for
having made, and any Party with knowledge of, such disclosure shall use its best efforts to obtain
the return of any such Confidential Information, inform such person of all provisions ofthis
Order and to bind such persons to the terms ofthis Order by requiring the execution ofthe
declaration in the form attached as Exhibit A as soon as possible. Within ten(10)business days

of the discovery ofsuch disclosure, the Party responsible for the unauthorized disclosure shall
provide counsel ofrecord for producing Party with the identity ofsuch person and the executed
declaration, ifsecured at that time. If not yet obtained, the executed declaration shall be served

upon counsel ofrecord for the producing Party within five(5)business days ofthe execution of
the declaration by the Party to whom Confidential Information was disclosed. The unauthorized
disclosure shall not be constituted or deemed a waiver of any kind.

24.

Additional Parties. If an additional Party joins or is joined in this action,

the newly-joined Party shall not have access to any Confidential Information until the new Party
acknowledges in writing that it agreed to be bound by this Order and such acknowledgement is
distributed to all counsel ofrecord.

25.

Requests for Confidential Information. Should any person boimd by

this Order receive a subpoena, court order, civil investigative demand, or other process from a
third party seeking, requesting, or requiring the disclosure of Confidential Information in any
form, such person shall give written notice within five(5)days ofreceipt of such a request to the

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Party who produced or supplied the Confidential Information so that the Party may seek
appropriate relief, if any. No person bound by this Order who receives a subpoena, court order,
civil investigative demand,or other process firom a third party seeking, requesting, or requiring
the disclosure of Confidential Information shall produce or disclose such documents or
information unless and until(a)ordered by a court having competent jurisdiction, or(b)such

production or disclosure is in accordance with the provisions ofthis Order and is expressly

consented to by the Party or Parties to this Order that have produced or supplied the Confidential
Information.

26.

Modification. This Order may be modified by written stipulation ofthe

Parties without further order ofthe Court, provided that such stipulations are recorded in writing
or contained in the record of any oral proceeding. Nothing contained in this Order shall preclude

any Party from seeking an order ofthe Court modifying or supplementing this Order.

27.

Future Orders. Nothing in this Order shall prohibit the Parties fi-om

seeking an order ofthe Court regarding the production or protection ofthese materials or any
other discovery in the future.

28.

Miscellaueous.

A.

This Order shall survive the final disposition ofthis Litigation, by
judgment, dismissal, settlement, or otherwise.

B.

The Parties agree to abide by and be bound by the terms ofthis
Order upon signatures as ifthe Order had been entered on that
date.

C.

This Order may be executed in any number of counterparts, all of
which, upon complete execution by the Parties, collectively shall
be deemed to be the original.

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D.

Written notice provided under this Order shall be by way of
regular U.S. mail and email to all counsel of record for the Party to
whom notice is required to be given. Notice is deemed given upon
mailing or transmission.

E.

In the event that anyone violates or threatens to violate the terms of
this Order, the Parties agree that the aggrieved Party may apply
immediately to obtain injunctive relief against any such violations
or threatened violations, and in the event the aggrieved Party shall
do so, the respondent, subject to the provisions of this Order, shall
not employ as a defense that the aggrieved Party possesses an
adequate remedy at law.

F.

Unless the Parties stipulate otherwise, evidence of the existence or
nonexistence of a designation under this Order shall not be
admissible for any purpose, nor shall the acceptance of any
information designated pursuant to this Order constitute an
admission or acknowledgment that the material so designated is in
fact proprietary, confidential, or a trade secret.

SO ORDERED.

Dated:

U.S. District Judge/U.S. Magistrate Judge

STIPULATED AND AGREED TO:

/s/ Brianna R. Miller fper 9/15/2022 email

/s/ Erin E. Rhinehart

authorization)

Erin E. Rhinehart(0078298)
Trial Attorney
Raika N. Casey(0101526)

Matthew G. Bruce, Esq.(0083769)
Trial Attorney
Evan R. McFarland, Esq.(0096953)
Brianna R. Miller, Esq.(0097961)

FARUKI PLL

110 North Main Street, Suite 1600
Dayton, OH 45402
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]

SPITZ, THE EMPLOYEE'S LAW FIRM

Spectrum Office Tower
11260 Chester Road, Suite 825

Cincinnati, OH 45246
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

Attorneys for Defendant CareSource
Management Services LLC

Attorneys for Plaintiff Patricia Insprucker

17

Case: 3:22-cv-00229-WHR-CHG Doc #: 10 Filed: 09/16/22 Page: 18 of 21 PAGEID #: 229

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION(DAYTON)
PATRICIA INSPRUCKER,

Plaintiff,

:

CASE NO.3:22-cv-00229

:

(Judge Walter H. Rice)
(Magistrate Judge Caroline H. Gentry)

CARESOURCE MANAGEMENT

SERVICES LLC,
Defendant.

EXHIBIT A TO STIPULATED AND HIPAA QUALIFIED PROTECTIVE ORDER

I,

,declare that:
a.

b.

I have read the Stipulated and HIPAA Qualified Protective Order entered in the
above-captioned Litigation.

My present employer is
is
is

and the address of my present employer
. My present occupation orjob description
.

I understand and agree to be bound by the terms of this Stipulated and HIPAA
Qualified Protective Order entered in this Litigation.
c.

I will hold in confidence and will not disclose to anyone not qualified under the
Stipulated and HIPAA Qualified Protective Order and will use only for purposes
of this Litigation, any Confidential Information designated as
"CONFIDENTIAL" disclosed to me.

d.

I will hold in confidence and will not disclose to anyone not qualified under the
Stipulated and HIPAA Qualified Protective Order and will use only for purposes
of this Litigation any PHI disclosed to me, whether or not such PHI is designated
"CONFIDENTIAL."

e.

I understand that I am to retain all ofthe materials that I receive pursuant to this
Stipulated and HIPAA Qualified Protective Order, and all copies or other
reproductions made by me,for me,or at my direction, in a physically and
electronically secure manner consistent with the Stipulated and HIPAA Qualified
Protective Order(in a locked container, locked drawer, locked room for hard
copy documents or electronic devices that contain the materials, and on a
password-protected, secured computer, network, or other electronic device for

Case: 3:22-cv-00229-WHR-CHG Doc #: 10 Filed: 09/16/22 Page: 19 of 21 PAGEID #: 230

electronic versions of the materials). I understand that I cannot allow
unauthorized persons access to the materials.

f.

I will return or destroy all PHI and Confidential Information that comes into my
possession, and documents or things that I have prepared relating to those
materials, to counsel for the party by whom I am employed or retained pursuant
to the terms ofthe Stipulated and HIPAA Qualified Protective Order. I
understand that the return of all materials will not relieve me from any ofthe
continuing obligations of confidentiality imposed upon me by the Stipulated and
HIPAA Qualified Protective Order.

g.

I submit to the jurisdiction ofthe United States District Court for the Southern
District of Ohio for the purpose ofenforcement ofthis Stipulated and HIPAA
Qualified Protective Order.
By:
Name:

(Please print)
Date:

19

Case: 3:22-cv-00229-WHR-CHG Doc #: 10 Filed: 09/16/22 Page: 20 of 21 PAGEID #: 231

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION(DAYTON)
PATRICIA INSPRUCKER,

:

Plaintilf,

CASE NO. 3:22-cv-00229

(Judge Walter H. Rice)
(Magistrate Judge Caroline H. Gentry)

CARESOURCE MANAGEMENT

SERVICES LLC,
Defendant.

EXHIBIT B TO STIPULATED AND HIPAA QUALIFIED PROTECTIVE ORDER

STATE OF

)

COUNTY OF

)

Before me,the undersigned Notary Public, in and for said County and State,

personally appeared

,who after first being duly sworn,

states as follows:

1.

My name is

and am a resident of

. I am over the age of 18 years
^County,

. I make this

Affidavit based upon my personal knowledge, and I am competent to testify to the matters stated
below.

2.

I have either destroyed or have returned to the applicable party (or the party's

counsel ofrecord) all ofthe Confidential Information (as defined in the Stipulated and HIPAA

Qualified Protective Order entered in this Litigation), which includes, but is not limited to,
documents and electronically-stored information produced in this Litigation, deposition

Case: 3:22-cv-00229-WHR-CHG Doc #: 10 Filed: 09/16/22 Page: 21 of 21 PAGEID #: 232

transcripts and exhibits, interrogatory answers and any other paper or electronic copies of
Confidential Information.

3.

I have either destroyed or have returned to the applicable party (or the party's

counsel ofrecord) all ofthe materials containing PHI(as defined in the Stipulated and HIPAA
Qualified Protective Order entered in this Litigation), which includes, but is not limited to

documents and electronically-stored information produced in this case, deposition transcripts and
exhibits, interrogatory answers and any other paper or electronic copies ofPHI.
FURTHER AFFIANT SAYETH NOT

Signature of Affiant

of

Subscribed and sworn to before me by
,20_.

,this

Notary Public

4882-0627-1027.1

21

day