Pfaffle v. BNSF Railway Company

Filing 53

ORDER GRANTING QUALIFIED PROTECTIVE ORDER RE: JOHN F. FLOYD MD. The parties Joint Motion for a Qualified Protective Order with respect to the deposition of Dr. John F. Floyd ECF No. 49 is GRANTED. Signed by Chief Judge Thomas O. Rice. (LLH, Courtroom Deputy)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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TERESA PFAFFLE,
NO: 2:17-CV-0407-TOR
Plaintiff,

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ORDER GRANTING QUALIFIED
PROTECTIVE ORDER

v.
BNSF RAILWAY COMPANY,

RE: JOHN F. FLOYD, M.D.

Defendant.

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BEFORE THE COURT is the parties’ Joint Motion for a Qualified Protective

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Order with respect to the deposition of Dr. John F. Floyd. ECF No. 49. The motion

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was submitted for consideration without oral argument. The Court has reviewed the

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briefing and the record and files herein and is fully informed.

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Pursuant to 45 C.F.R. § 164.512(e) a party seeking protected health

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information for use in litigation is required to comply with the provisions of the

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regulation concerning notice and opportunity for objection on the part of the person

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whose protected health information is being sought.

ORDER GRANTING QUALIFIED PROTECTIVE ORDER ~ 1

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In this instance, BNSF sought the deposition of Dr. John Floyd, a treating

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healthcare provider for Ms. Teresa Pfaffle, the plaintiff in this action. Mr. Stephen

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Lamberson, acting as counsel for Dr. Floyd, provided notice to BNSF that he

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believed the provisions of 45 C.F.R. § 164.512(e) had not been met and the

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deposition of Dr. Floyd could not proceed until such requirements were satisfied by

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BNSF.

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BNSF responded to Mr. Lamberson as to the provisions of 45 C.F.R. §

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164.512(e) and argued it had, in fact complied with the provisions of the regulation

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by notice of Dr. Floyd’s deposition being served upon counsel for Ms. Pfaffle and

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the expiration of 42 days without objection being lodged or relief being sought from

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the Court. However, BNSF also indicated it would strike the deposition of Dr. Floyd

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and submit a motion to obtain a qualified protective order and ensure the

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requirements of 45 C.F.R. § 164.512(e) were satisfied so as to avoid further

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controversy. In this regard, the Court makes no finding as to whether BNSF did, or

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did not, comply with 45 C.F.R. §164.512(e).

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Counsel for BNSF and for Ms. Pfaffle submitted a joint motion for issuance

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of a qualified protective order.

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ORDER GRANTING QUALIFIED PROTECTIVE ORDER ~ 2

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ACCORDINGLY, IT IS HEREBY ORDERED:

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The parties’ Joint Motion for a Qualified Protective Order (ECF No.

49) is GRANTED.
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Dr. John F. Floyd shall appear at a deposition as mutually scheduled

between the parties, Dr. Floyd and counsel for Dr. Floyd.
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BNSF is restricted in the use of the protected health information to the

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pending litigation and dissemination of the protected health information only to

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those necessary for BNSF to present its defense.

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4.

BNSF shall destroy all copies of the protected health information

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following conclusion of the above-captioned litigation and the expiration of any

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applicable time period for appeal.

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The District Court Executive is hereby directed to enter this Order and furnish
copies to all counsel.
DATED this July 26, 2019.

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THOMAS O. RICE
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Chief United States District Judge

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ORDER GRANTING QUALIFIED PROTECTIVE ORDER ~ 3