Ford v. Campbell et al

Filing 18

QUALIFIED PROTECTIVE ORDER. Signed by Magistrate Judge Thomas E Rogers, III on 05/10/2017. (dsto, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION

TERRANCE FORD,
Plaintiff,
vs.
OLIVER WAYNE CAMPBELL,
TOWN OF LAKE VIEW, TOWN
OF LAKE VIEW POLICE DEP’T,
and JACKSON WINKELER,

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Civil Action No. 4:17-cv-0787-RBH-TER

QUALIFIED PROTECTIVE ORDER

Defendants.

Plaintiff seeks damages for alleged personal injury arising from a traffic stop and
subsequent events in Dillon County, South Carolina, on January 20, 2016. Defendants seek an
Order pursuant to 45 C.F.R. § 164.512(e) of the Privacy Standards promulgated pursuant to the
Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and South Carolina
Code § 44-22-100 compelling the production of all medical records, including mental health
records, of the Plaintiff, Terrance Ford (DOB: xx/xx/xxxx, SSN: xxx-xx-xxxx), that would
otherwise be protected from disclosure. Plaintiff’s counsel has consented to this request. This
Court finds that disclosure is necessary for the conduct of these proceedings and that failure to
make the disclosure would unfairly prejudice the Defendants and would be contrary to the public
interest. The parties agree to comply fully with the terms and conditions of this Order.
1.

This Order shall apply to the production of all documents produced

pursuant to HIPAA, such documents hereinafter referred to “Records from all healthcare
providers”. All medical providers, including but not limited to, all mental health providers, shall

produce all of Terrance Ford’s medical/mental health records to Defendants upon presentation of
this order.
2.

The Records of the plaintiff, Terrance Ford, of any healthcare provider

shall be used only in the course of the above-captioned proceedings and shall be provided to all
counsel of record.
3.

All physicians, nurses, medical providers and records custodians shall

comply with subsequent subpoenas from any counsel in this case for additional information
and/or deposition/court appearance.
4.

Upon conclusion of this action, the Records from all healthcare providers,

and all copies thereof, shall either be returned to the plaintiff’s counsel or destroyed.
5.

By approval of this Order, the parties agree to be bound by the conditions

of this Order.

AND IT IS SO ORDERED.

May 10, 2017
Florence, South Carolina

s/Thomas E. Rogers, III
United States Magistrate Judge

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