Hamrick v. Splash Transport, Inc. et al

Filing 96

AGREED ORDER and Release, Allowing Copying and Inspection of Medical and Employment Records re: 86 Motion. Signed by Magistrate Judge Debra C Poplin on 11/17/2021. (KMK) Modified on 11/17/2021 (KMK) re page numbers on PDF

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE

GRANT HAMRICK,
Plaintiff,
v.

No. 3:20-cv-417

SPLASH TRANSPORT, INC.,
AHMED ELMEHALAWY,
NANDLEEN, LLC d/b/a NANDLEEN
LOGISTICS, and
REGINALD DEVON JAMES,

JURY DEMANDED

Defendants.
AGREED ORDER AND RELEASE, ALLOWING COPYING AND INSPECTION
OF MEDICAL AND EMPLOYMENT RECORDS
Plaintiff Grant Hamrick (“Grant Hamrick”) and Defendants Splash Transport, Inc., and
Ahmed Elmehalawy (hereinafter “Defendants”), by and through their undersigned attorneys
hereby agree that these Defendants should have an Order and authorizations to acquire certain
medical records as they pertain to Grant Bevin Hamrick, date of birth is **-**-1964, and social
security number is ***-**-2674, which are in the possession of any doctor, nurse, hospital or other
health care providers of the Plaintiff. The scope of the records obtained is limited in time from the
date of entry of this Order and the previous ten (10) years.
All records acquired should be paid for by these Defendants and/or their attorneys and
copies provided to all counsel within ten (10 days from receipt of same; however, if records
are obtained less than thirty (30) days prior to a hearing, deposition or trial, they shall be
furnished to counsel for the parties immediately.

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In accordance with the Health Insurance Portability and Accountability Act (HIPAA),
45 C.F.R. §160 and 164, Plaintiff hereby acknowledges, through counsel, that release of medical
records per this Order shall be used for discovery purposes in the above-styled lawsuit. Plaintiff
further acknowledges, through counsel, that any request for medical records shall include all
records pertaining to treatment or time of services rendered within ten (10) years of the date of this
Order. Lastly, Plaintiff acknowledges, through counsel, that records obtained per this Order may
be disseminated to agents and/or associates of defense counsel, including but not limited to their
agents and expert witnesses and that any such information disseminated will no longer be protected
by HIPAA privacy standards.
In further accordance with HIPAA, counsel for these Defendants hereby acknowledges that
dissemination of records obtained per this Order shall be limited to agents representatives and
expert witnesses. It is further
ORDERED that Defendants are hereby authorized to inspect, reproduce and copy all
medical and employment records, as they pertain to Grant Bevin Hamrick, which are in the
possession of any employer, doctor, nurse, hospital, or any other health care provider of Mr.
Hamrick. Further, it is
ORDERED that said hospitals, doctor or health care providers of Mr. Hamrick or their
employees are authorized to release said information. Further it is
ORDERED that all records so acquired by this Order and authorization shall be paid for
by these Defendants and/or their attorneys, and copies provided to all counsel within ten (10) days
from receipt of same. However, if records are obtained less than thirty (30) days prior to a hearing,
deposition or trial, they shall be furnished to counsel for the parties immediately. Further, it is

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ORDERED that, if documents are examined and not copied, Plaintiff’s counsel will be
provided the name and address of the place where the documents exist, a listing of all documents
examined and not copied within ten (10) days of such examination. Further, it is
ORDERED that this Order and Authorization is not a waiver of Mr. Hamrick’s right of
privacy or covenant of confidentiality with his physicians or other healthcare providers. Plaintiff’s
counsel hereby advises all of Mr. Hamrick’s treating physicians and employers, both previous and
present, that this Agreed Order does not authorize any communication ex parte, or private
conferences by the Defendants or their attorneys, agents or experts, with the exception that these
Defendants, Defendants’ employees and their record collection agents/representatives are
permitted to contact the providers’ offices related to the collection of said records only.
This Order shall expire upon final disposition of this case and the law firm of Leitner,
Williams, Dooley & Napolitan, PLLC or their designated representatives, shall be prohibited from
using the Order thereafter and copies of all records obtained shall be destroyed no later than one
(1) year after the time for appeals has been exhausted.
These Defendants stipulate that the records obtained from any doctor nurse, hospital or any
other health care providers are authentic and are kept in the regular course of business.
If any records obtained or reviewed with the Order are not provided or revealed to
Plaintiff’s counsel as provided herein and/or if any ex parte discussion with Mr. Hamrick’s
treating physicians and/or other medical providers occur in violation of this Order, then sanctions
may issue to specifically include, but not limited to, prohibition of the use of said records, and/or
prohibition of the use of any information discovered pursuant to any said ex parte discussions, for
any purpose whatsoever and at any time in connection with his litigation.

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This Order may be amended by consent of the parties or leave of Court, to include
additional medical providers and employers of Mr. Hamrick that are identified throughout the
course of discovery.

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APPROVED FOR ENTRY:

THE LAW FIRM FOR TRUCK SAFETY, LLP
By:

/s/ MATTHEW E. WRIGHT
MATTHEW E. WRIGHT, (BPR #22596)
840 Crescent Centre Drive, Suite 310
Franklin, Tennessee 37067
Phone: [phone]
Fax: [phone]
[e-mail]
Attorney for Plaintiff

LEITNER, WILLIAMS, DOOLEY & NAPOLITAN, PLLC

By:

/s/ BRAD A. FRASER
BRAD A. FRASER (BPR #20087)
900 South Gay Street
Suite 1800 – Riverview Tower
Knoxville, Tennessee 37902
Phone: [phone]
Fax: [phone]
[e-mail]
Attorneys for Defendants Splash and Elmehalawy

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