Yager et al v. Wal-Mart Stores East, Inc.

Filing 16

AGREED ORDER. Signed by Magistrate Judge E. Clifton Knowles on 3/11/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
AMANDA YAGER and
STEPHEN YAGER,

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Plaintiffs,
VS.
WAL-MART STORES EAST, LP,1
Defendant.

No. 3:12-cv-01289
JURY DEMAND
JUDGE SHARP
MAGISTRATE JUDGE KNOWLES

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

response

any

to

an

judicial
order

of

or
a

administrative
court

or

proceeding:

administrative

(i)

in

tribunal,

provided that the covered entity discloses only the protected
health

information

expressly

authorized

pursuant to 38 U.S.C. § 7332(b)(2)(D),

by

such

order,”

and

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
1

Wal-Mart Stores East, LP, is the entity that operated the store on the date of this
accident. It was incorrectly sued as Wal-Mart Stores, Inc. Wal-Mart Stores East, LP,
was named as the sole proper defendant by Agreed Order entered on January 3, 2013.
Defendant may be referred to as “Wal-Mart” in this document.

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
Amanda Yager.

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 plaintiffs’ attorneys at no charge.
This Order does require the law firm of HOWELL & FISHER, PLLC,
or its designated representatives to notify plaintiffs’ 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.

2

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
thereafter.

shall

be

prohibited

from

using

the

Order

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 _____ day of ________________________, 2013.

____________________________________
JUDGE
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