United States District Court, E.D. North Carolina, Southern Division
Holtzman, Emily Turner NORTH CAROLINA JUSTICE CENTER Counsel
ADDENDUM TO CONSENT PROTECTIVE ORDER: CONFIDENTIAL
HEALTH INFORMATION (AS MODIFIED)
E. GATES, UNITED STATES MAGISTRATE JUDGE.
Addendum to the Consent Protective Order (Dkt. 64) shall
govern the use and disclosure of all material and information
designated as "CONFIDENTIAL - MEDICAL" pursuant to
Paragraph 3 of this Addendum. The terms of the Consent
Protective Order shall apply to material and information so
designated, except as altered by this Addendum.
"Confidential Health Information" means any
document or information supplied in any form, or any portion
thereof, that identifies an individual in any manner and
relates to the past, present, or future care or health
services regarding the individual, relates to the physical or
mental health condition of such individual in any way, or
relates to the provision of health care to such individual.
"Confidential Health Information" includes, but is
not limited to, medical bills, claims forms, charge sheets,
medical records, medical charts, test results, notes,
dictation, summary forms, intake forms, and related records.
"Confidential Health Information" also includes all
notes, summaries, compilations, extracts, abstracts, or oral
communications that contain, are based on, or are derived
from "Confidential Health Information."
Either party may designate any documents or other materials
as "CONFIDENTIAL - MEDICAL" if counsel believes, in
good faith, that the documents contain or reflect
Confidential Health Information.
Confidential Health Information filed with the Court shall be
filed under seal according to the procedures set forth in the
Consent Protective Order.
Materials designated as "CONFIDENTIAL - MEDICAL"
shall be used or disclosed by the receiving party solely for
purposes of prosecuting or defending this action, and shall
not be revealed, discussed, or disclosed to any person or
entity other than:
(a) The attorneys that have entered appearances in this
litigation and necessary staff employed by such attorneys;
(b) The Court in this action, or any other court having
jurisdiction over discovery procedures in the action, any
court reporter or typist recording or transcribing testimony
in this action, and any outside, independent reproduction
(d) Medical or psychiatric experts retained by the Parties in
connection with this matter, whether testifying or
(e) Witnesses during their depositions whose testimony
concerns either the subject matter of the documents
containing Confidential Health Information or Plaintiffs'
allegations of emotional distress;
(f) Individuals who authored or previously received the
document in question; or
(g) Other persons who may be designated by consent of all
attorneys of record or pursuant to Court order.
Prior to disclosure to any person pursuant to Paragraphs
5(d), (e), or (g), such person shall be furnished with a copy
of Consent Protective Order and this Addendum and shall be
required to certify in writing that he or she has read this
Order and Addendum, understands them, and agrees to be bound
by their terms. Such certification shall be in the form of
the Acknowledgment of Stipulation and Protective Order
included as Attachment ...