Monds v. Watkins Trucking Company, Inc. et al

Filing 18

AGREED QUALIFIED PROTECTIVE ORDER FOR RELEASE OF MEDICAL AND EMPLOYMENT RECORDS. Signed by District Judge Aleta A. Trauger on 2/22/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRCT OF TENNESSEE
AT NASHVILLE
KIMBERLY MONDS,

)
)
Plaintiff,
)
)
v.
)
)
WATKINS TRUCKING COMPANY, INC. )
and CARL EDWARD NELSON,
)
)
Defendants.
)

Case No. 3:12-cv-1147
JURY DEMAND
JUDGE TRAUGER
MAGISTRATE JUDGE KNOWLES

AGREED QUALIFIED PROTECTIVE ORDER
FOR RELEASE OF MEDICAL AND EMPLOYMENT RECORDS
Upon agreement of the parties, by and through counsel, pursuant to Rule 34 of the
Federal Rules of Civil Procedure; 45 CFR § 160 and § 164 of the Health Insurance Reportability
and Accountability Act (“HIPAA”), which specifically states that “a covered entity may disclose
protected health information in the course of any judicial or an administrative proceeding: (i) in
response to an Order of a Court or a Administrative Tribunal provided that the covered entity
discloses 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 firm of Mink & Duke, PLLC
(hereinafter “defense firm”) or its designated representatives shall be allowed, by written request
only, to inspect and/or obtain copies of employment records, medical records, medical reports,
medical charts, psychiatric records, psychological records, x-ray films, diagnostic studies,
pharmacy/prescription records, and itemized billing records including, but not limited to,
protected health information as that term is defined at 45 CFR Part 160 and Part 164 (HIPAA

Privacy Rule) (Collectively the “Medical Information”), related to the care and treatment of
plaintiff, Kimberly Monds (hereinafter “plaintiff”).
Defense Firm, or its designated representatives, shall pay all costs of obtaining copies of
aforesaid documents and will provide copies of said medical and/or employment information
obtained pursuant to this Order with 10 (ten) days of receipt to plaintiff’s attorney, Joseph A.
Napiltonia, at no charge. Any request for medical or employment records pursuant to this
Agreed Qualified Protective Order will be copied to counsel for plaintiff at the time said request
is sent.
This Order does require defense firm, or its designated representatives, to notify
plaintiff’s attorney 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 of Defense Firm or their
representatives and the healthcare providers or employers.
The information obtained through use of this Order, or through written discovery
between the parties, 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 prosecution 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 healthcare providers business) of the
medical information or (f) the Court, court personnel, court reports or, and witnesses. Defense
Firm and its designated representatives are prohibited from using or disclosing the protected

health information for any purpose other than the litigation or proceedings for which such
information was requested, and neither they, nor their agents, nor employers shall re-disclose
such information to third-parties, including specifically providing such information in any
insurance industry index system or similar data sharing system.
Defense Firm, or its designated representatives, will return to the covered entity, the
protected health and employment information, or destroy said information at the conclusion of
this litigation, within 30 days.
All requests for records under this Order shall be made prior to (90) ninety days
preceding any established trial date.
This Order shall expire upon final disposition of this case, and Defense Firm and its
designated representative shall be prohibited from using the Order thereafter. All information
obtained pursuant to this Order, and all copies thereof, will be returned to the covered entity or
destroyed within a reasonable time period after the conclusion of this litigation or proceeding,
whether by trial, appeals, settlement or other final conclusion, in any event, to be no more than
30 days after same.
February
Entered this the 22nd day of _____________________, 2013.
____

JUDGE ALETA A. TRAUGER
United States District Court

APPROVED FOR ENTRY:
/s/ Joe Napiltonia with permission Charles M. Duke
Joe Napiltonia, BPR No. 026881
Law Office of Joe Napiltonia
219 Third Avenue North
Nashville, Tennessee 37064
[phone]
[e-mail]
Attorneys for Plaintiff, Kimberly Monds
/s/ Charles M. Duke
Charles M. Duke, BPR No. 23607
Thomas F. Mink, II, BPR No. 006067
219 Second Avenue North, Suite 400
P.O. Box 198742
Nashville, Tennessee 37219
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendants Watkins Trucking Company, Inc. and Carl Nelson