Hamrick v. Splash Transport, Inc. et al

Filing 97

AGREED ORDER and Release, Allowing Copying and Inspection of Medical and Employment Records re: 85 Motion. Signed by Magistrate Judge Debra C Poplin on 11/17/2021. (KMK)

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

GRANT HAMRICK,
Plaintiff,
No. 3:20-cv-417

v.
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
Defendants, Splash Transport, Inc. and Ahmed Elmehalawy (hereinafter “Defendants”),
attorneys, by and through their undersigned attorneys hereby agree that these Defendants should
have an Order and authorizations to acquire certain medical and employment records as they
pertain to Reginald Devon James, date of birth is xx/xx/1994 and social security number is *****-6628, which are in the possession of any doctor, nurse, hospital or other health care providers
of the Co-Defendant Reginald Devon James 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, Defendant James hereby acknowledges, through counsel, that release
of medical records per this Order shall be used for discovery purposes in the above-styled lawsuit.
Defendant James 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, Defendant James acknowledges, through counsel, that records obtained
per this Order may be disseminated to agents and/or associates of 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 the Defendant James hereby acknowledges
that dissemination of records obtained per this Order shall be limited to agents representatives and
expert witnesses. It is further
It is further hereby ORDERED, ADJUDGED and DECREED that this Order DOES NOT
AUTHORIZE any production, inspection or copying of any mental health care records of Reginald
Devin James.
ORDERED that counsel for the parties are hereby authorized to inspect, reproduce and
copy all medical and employment records, as they pertain to Reginald Devon James, which are
in the possession of any employer, doctor, nurse, hospital, or any other health care provider of Mr.
James. Further, it is
ORDERED that said hospitals, doctor or health care providers of Mr. James 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

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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
ORDERED that, if documents are examined and not copied, Defendant James’ 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. James’ right of privacy
or covenant of confidentiality with his physicians or other healthcare providers. Counsel for these
Defendants hereby advises all of Mr. James’ treating physicians and employers, both previous
and present, that this Agreed Order does not authorize any communication ex parte, or private
conferences by and among any attorneys or their agents with any medical health care provider or
entity in possession of such medical records unless Mr. James’ counsel is present at such
conference, 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 employer, 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 counsel
of record as provided herein and/or if any ex parte discussion with Mr. James’ treating physicians

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and/or other medical providers occur in violation of this Order, then sanctions may issue to
specifically include 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.
This Order may be amended by consent of the parties or leave of Court, to include
additional medical providers and employers of Mr. James that are identified throughout the course
of discovery.
.

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APPROVED FOR ENTRY:
TRAMMELL, ADKINS & WARD, P.C.
By:

/s/ KENNETH W. WARD (signed by express permission)
Kenneth W. Ward (BPR #015707)
P.O. Box 51450
Knoxville, TN 37950
Phone: [phone]
Fax: [phone]
[e-mail]
Attorneys for Nandleen, LLC
And Reginald Devon James

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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