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Courtney v. Ikea U.S. East, LLC

United States District Court, W.D. North Carolina, Charlotte Division

October 27, 2017

DAVIDA COURTNEY, Plaintiff,
v.
IKEA U.S. EAST, LLC, IKEA U.S. EAST, INC., IKEA PROPERTY INC., IKEA PROPERTIES, INC., IKEA HOLDING U.S. INC., IKEA U.S. WEST, INC. Defendants.

          W. Michael Workman NC Attorney for Plai

          Susan L. Hofer NC Attorney for Defendants CRAN FILL SUMN ER & HARTZOG, LLP

          CONSENT PROTECTIVE ORDER

          David C. Keesler United States Magistrate Judge

         Defendants have requested certain medical and psychiatric documents via discovery, which constitute confidential medical and protected health information protected by the HIPAA (Health Insurance Portability and Accountability Act), the right of privacy, the physician-patient privilege, patient-psychologist privilege, nurse-patient privilege, and 42 C.F.R. Part 2, and / or North Carolina common law.

         Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, Plaintiff and Defendants hereby agree and stipulate, through their respective counsel, to the entry of this Order for the protection of Plai ntiff s med ical and psychiatric records. The pa rties wish to ensure that the information contained therein shall not be disclosed to unauthorized persons, and shall not be used for any purpose other than this litigation.

         IT IS HEREBY ORDERED, therefore, that this Protective Order shall apply to all materials produced in response to Defendants' Request(s) for Production of Documents, or otherwise, and all materials previously provided to Defendants' agents, insurers, or representatives as they relate to medical, psychiatric, and protected health information. The Court further ORDERS as follows:

         1. Plaintiff's medical and psychiatric records and medical and psychiatric bills shall be deemed CONFIDENTIAL INFORMATION without the need to mark such documents. Such CONFIDENTIAL INFORMATION and information contained therein shall be disclosed ONLY for use in this action and for no other purpose.

         2. To the extent the medical or psychiatric records may contain information protected by 42 C.F.R. Part 2, the court determines this Order meets the criteria of 42 C.F.R. 2.63 - 2.64.

         3. The CONFIDENTIAL INFORMATION shall not be otherwise reviewed, disclosed or released to anyone other than:

(a) The Court and its officers;
(b) Counsel of record and employees of counsel of record;
(c) Experts or consultants retained by the parties or their attorneys to assist them in the preparation of this case or to serve as expert witnesses at the trial of this action;
(d) Court reporters or videographers engaged to record depositions, hearings or ...

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