Bilbrey v. Sam's East, Inc.

Filing 12

ORDER granting 9 Motion for entry of agreed order for the release of the plaintiff's medical, employment, and income tax records. Signed by District Judge Kevin H. Sharp on 8/4/2014. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ds)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NORTHEASTERN DIVISION
REBECCA J. BILBREY,
Plaintiff,
v.
SAM’S EAST, INC.,
Defendant.

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Case No. 2:14-cv-48
JURY DEMAND

AGREED ORDER
Upon agreement of the parties, by and through counsel, pursuant to Rule 34 of the Federal
Rules of Civil Procedure; 45 C.F.R. §§ 160 and 164 of the Health Insurance Portability and
Accountability Act (“HIPAA”), which specifically states that, “A covered entity may disclose
protected health information in the course of any judicial or administrative proceeding: (i) in
response to an order of a court or administrative tribunal, provided that the covered entity discloses
only the protected health information expressly authorized by such order,” and pursuant to 38
U.S.C. § 7332(b)(2)(D), and for good cause shown, it is hereby
ORDERED, ADJUDGED AND DECREED that the law firm of HOWELL & FISHER,
PLLC, or its designated representatives shall be allowed by written request only to inspect and/or
obtain certified copies of all employment records, income tax returns, medical records, medical
reports, medical charts, mental health records, psychiatric records, psychology records, x-ray
films, tissue slides or other laboratory specimens, diagnostic studies, pharmacy/prescription
records, itemized billing records with payments-made information, insurance records, other
documents or writings, including but not limited to protected health information as that term
is defined in 45 C.F.R. Part 160 and Part 164 (HIPAA Privacy Rule) (collectively, the “Medical

Information”), related to the care and treatment of REBECCA J. BILBREY. This includes
medical records as they pertain to drug and alcohol and HIV/AIDS treatment.
HOWELL & FISHER, PLLC, or its designated representatives shall pay all costs of obtaining
copies of aforesaid documents and will provide copies of said Medical Information obtained
pursuant to this Order to plaintiff’s attorney at no charge.
This Order does require the law firm of HOWELL & FISHER, PLLC, or its designated
representatives to notify plaintiff’s attorneys in writing if records are reviewed but not copied, and
such notification shall specify in sufficient detail which records have been reviewed but not copied.
This Order does not permit ex parte communications between the lawyers or their representatives
and the health care providers.
The information obtained through use of this Order may only be used or disclosed for the
purposes of this litigation or proceeding. Except with the prior written consent of the producing
party, the information produced pursuant to this Order shall not be disclosed to any person other than
(a) counsel for the parties, (b) employees or agents of counsel for the parties, (c) any current or
former employee of a party, to the extent deemed necessary by counsel for the production or defense
of this litigation, (d) experts and consultants retained for the prosecution or defense of this litigation,
(e) any authors or recipients (in the ordinary course of the health care provider’s business) of the
Medical Information, or (f) the Court, court personnel, court reporters, and witnesses.
This Order shall expire upon final disposition of this case and the law firm of HOWELL &
FISHER, PLLC, and its designated representatives shall be prohibited from using the Order
thereafter. All information obtained pursuant to this Order and all copies thereof will be destroyed
or safely archived within a reasonable time period after the conclusion of this litigation or
proceeding, whether by trial, appeal, settlement, or other final conclusion.

ENTER this the

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JUDGE

APPROVED FOR ENTRY:

s/ Meredith L. Hiester
G. Andrew Rowlett, No. 16277
Meredith Hiester, No. 30183
HOWELL & FISHER, PLLC
Court Square Building
300 James Robertson Parkway
Nashville, TN 37201-1107
[phone]
Attorney for defendant

s/ Randy S. Chaffin (by MH with express permission on 7/31/14)
Randy S. Chaffin, No. 014786
CHAFFIN CHAFFIN & GIAIMO
204 North Washington Avenue
Cookeville, TN 38501
[phone]
Attorney for Plaintiff

CERTIFICATE OF SERVICE
I certify that a copy of the foregoing was served via the electronic filing system, upon:
Randy S. Chaffin, Esq.
Chaffin Chaffin & Giaimo
204 North Washington Avenue
Cookeville, TN 38501
on this the 31st day of July, 2014.

S/ Meredith L. Hiester