On March 05, 2021 a
Stipulation,Agreement
was filed
involving a dispute between
Potter Linda Nolan,
and
Geico General Insurance Company,
Government Employees Insurance Company,
Jackson Emanuel,
United Services Automobile Association,
for AUTO NEGLIGENCE
in the District Court of Brevard County.
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Filing # 133080382 E-Filed 08/20/2021 10:16:17 AM
IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR
BREVARD COUNTY, FLORIDA
LINDA NOLAN POTTER, CASE NO.: 05-2021-CA-019085-XXXX-XX
DIVISION: T
Plaintiff,
vs.
EMANUEL JACKSON, UNITED SERVICES
AUTOMOBILE ASSOCIATION, a foreign for profit
corporation, and GOVERNMENT EMPLOYEES
INSURANCE COMPANY, a foreign for profit corporation,
Defendants.
/
AGREED HIPAA QUALIFIED PROTECTIVE ORDER.
This matter having come to be considered on Plaintiffs Objection to the Defendant’s Non-Party
Production, and there having been agreement between counsel, and this Court being duly advised in the
premises, it is hereby
ORDERED AND ADJUDGED as follows:
1. Plaintiff's Objection is withdrawn and will allow Choice Legal, Inc. to obtain the records being
sought by Defendant UNITED SERVICES AUTOMOBILE ASSOCIATION in this lawsuit, upon
agreement between the parties to the following:
QUALIFIED PROTECTIVE ORDER
2. Choice Legal, Inc. agrees to submit and avail themselves to the jurisdiction of the court for any purpose
regarding enforcement, as it relates to the subject records or documents it retrieves and for any sanctions
for any violation of the terms of this Order
3. Choice Legal, Inc. will provide simultaneous access to all records it retrieves to both Plaintiff and
Defendant. Choice Legal, Inc. will further provide unconditional access to all records to Plaintiff at no
cost in a retrievable fashion for download or printing.
4 Neither Defendant or Choice Legal, Inc. and/or their agents, employees, attorneys, insurance companies
or representatives, adjusters, experts or any other persons that perform any work on Defendant's behalf
shall not keep, save, store or maintain any documents obtained in the above styled lawsuit, to include
protected health information (PHI) documents, in any fashion following the conclusion of this lawsuit and
shall immediately destroy and/or delete any original and copies of all documents pertaining to the above-
styled lawsuit, to include PHI documents, upon conclusion of this lawsuit.
Filing 133080382 L POTTER VS EMANUEL JACKSON 05-2021-CA-019085-XXXX-XX
5. In accordance with and as defined by the regulations promulgated under HIPAA, specifically 45 C.F.R.
Section 1.64.512(e)(1)(11)(13) and (v), the Court hereby enters a HIPAA Qualified Protective Order
(QPO). Pursuant to this QPO, all parties and Defendant’s record retrieval company, Choice Legal, are:
a) prohibited from using or disclosing protected heath Information (PHI) for any purpose other than
the litigation of the above-styled lawsuit; and
b) required to destroy all copies of the PHI or to return them to the disclosing entity at the
conclusion of the above styled lawsuit.
°) required to respond to valid interrogatories served pursuant to the Florida Rules of Civil
Procedure in the above styled matter seeking PHI;
dy required to respond to valid Requests for Production served pursuant to the Florida Rules of
Civil Procedure in the above styled matter seeking PHI;
e) required to respond to valid and timely Requests for Copies or Requests for Production from
Nonparties served pursuant to the Florida Rules of Civil Procedure in the above styled matter for
production of documents and things without deposition concerning PHI; and
required to respond to each of a party's own experts who request, either orally or in writing, PHI
for the purposes of reviewing the above styled matter in whole or In part, regardless of whether
the expert Is a consulting or trial expert or is considered retained for compensation or not
retained, by disclosing and providing such requested PHI.
6 This Order is self-executing without need of further order of the Court, and it is effective upon
entry.
7. Unless otherwise ordered by the Court, this Order shall not be construed as authorizing any
disclosure or discovery outside of the established procedures under the Florida Rules of Civil Procedure
and the applicable case law, including but not limited to the right to
object timely to third party subpoenas and the right to assert timely any applicable privilege.
8 Any individual and/or entity receiving any of Plaintiffs protected health information are responsible
for assuring that said Plaintiffs protected health information is only used for purposes of this litigation,
is disclosed to individuals and entities who have a legitimate need for said Plaintiffs protected health
information in the prosecution and/or defense of any claim set forth in the instant action and to destroy
any Plaintiffs protected health information receiving within thirty (30) days of the entry of an Order of
Dismissal.
9. A copy of this Order shall be valid as an original.
DO
of. Wiiguat
AND ORDERED in Chambers, at Brevard County,
» 2021.
Floyi , on this LTE
Y
“ph
ZL
J -
Monon le J udge Michelle Naber aus
4
cc: attorneys of records
Filing 133080382 L POTTER VS EMANUEL JACKSON 05-2021-CA-019085-XXXX-XX
Document Filed Date
August 20, 2021
Case Filing Date
March 05, 2021
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Filing # 133080382 E-Filed 08/20/2021 10:16:17 AM IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA LINDA NOLAN POTTER, CASE NO.: 05-2021-CA-019085-XXXX-XX DIVISION: T Plaintiff, vs. EMANUEL JACKSON, UNITED SERVICES AUTOMOBILE ASSOCIATION, a foreign for profit corporation, and GOVERNMENT EMPLOYEES INSURANCE COMPANY, a foreign for profit corporation, Defendants. / AGREED HIPAA QUALIFIED PROTECTIVE ORDER. This matter having come to be considered on Plaintiffs Objection to the Defendant’s Non-Party Production, and there having been agreement between counsel, and this Court being duly advised in the premises, it is hereby ORDERED AND ADJUDGED as follows: 1. Plaintiff's Objection is withdrawn and will allow Choice Legal, Inc. to obtain the records being sought by Defendant UNITED SERVICES AUTOMOBILE ASSOCIATION in this lawsuit, upon agreement between the parties to the following: QUALIFIED PROTECTIVE ORDER 2. Choice Legal, Inc. agrees to submit and avail themselves to the jurisdiction of the court for any purpose regarding enforcement, as it relates to the subject records or documents it retrieves and for any sanctions for any violation of the terms of this Order 3. Choice Legal, Inc. will provide simultaneous access to all records it retrieves to both Plaintiff and Defendant. Choice Legal, Inc. will further provide unconditional access to all records to Plaintiff at no cost in a retrievable fashion for download or printing. 4 Neither Defendant or Choice Legal, Inc. and/or their agents, employees, attorneys, insurance companies or representatives, adjusters, experts or any other persons that perform any work on Defendant's behalf shall not keep, save, store or maintain any documents obtained in the above styled lawsuit, to include protected health information (PHI) documents, in any fashion following the conclusion of this lawsuit and shall immediately destroy and/or delete any original and copies of all documents pertaining to the above- styled lawsuit, to include PHI documents, upon conclusion of this lawsuit. Filing 133080382 L POTTER VS EMANUEL JACKSON 05-2021-CA-019085-XXXX-XX 5. In accordance with and as defined by the regulations promulgated under HIPAA, specifically 45 C.F.R. Section 1.64.512(e)(1)(11)(13) and (v), the Court hereby enters a HIPAA Qualified Protective Order (QPO). Pursuant to this QPO, all parties and Defendant’s record retrieval company, Choice Legal, are: a) prohibited from using or disclosing protected heath Information (PHI) for any purpose other than the litigation of the above-styled lawsuit; and b) required to destroy all copies of the PHI or to return them to the disclosing entity at the conclusion of the above styled lawsuit. °) required to respond to valid interrogatories served pursuant to the Florida Rules of Civil Procedure in the above styled matter seeking PHI; dy required to respond to valid Requests for Production served pursuant to the Florida Rules of Civil Procedure in the above styled matter seeking PHI; e) required to respond to valid and timely Requests for Copies or Requests for Production from Nonparties served pursuant to the Florida Rules of Civil Procedure in the above styled matter for production of documents and things without deposition concerning PHI; and required to respond to each of a party's own experts who request, either orally or in writing, PHI for the purposes of reviewing the above styled matter in whole or In part, regardless of whether the expert Is a consulting or trial expert or is considered retained for compensation or not retained, by disclosing and providing such requested PHI. 6 This Order is self-executing without need of further order of the Court, and it is effective upon entry. 7. Unless otherwise ordered by the Court, this Order shall not be construed as authorizing any disclosure or discovery outside of the established procedures under the Florida Rules of Civil Procedure and the applicable case law, including but not limited to the right to object timely to third party subpoenas and the right to assert timely any applicable privilege. 8 Any individual and/or entity receiving any of Plaintiffs protected health information are responsible for assuring that said Plaintiffs protected health information is only used for purposes of this litigation, is disclosed to individuals and entities who have a legitimate need for said Plaintiffs protected health information in the prosecution and/or defense of any claim set forth in the instant action and to destroy any Plaintiffs protected health information receiving within thirty (30) days of the entry of an Order of Dismissal. 9. A copy of this Order shall be valid as an original. DO of. Wiiguat AND ORDERED in Chambers, at Brevard County, » 2021. Floyi , on this LTE Y “ph ZL J - Monon le J udge Michelle Naber aus 4 cc: attorneys of records Filing 133080382 L POTTER VS EMANUEL JACKSON 05-2021-CA-019085-XXXX-XX