Stipulation,Agreement: MARQUISE MARTIN | VS | DAYBREAK COMMUNITY

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                                342-287627-16                                                   FILED
                                                                                         TARRANT COUNTY
                                                                                         5/4/2017 3:43:21 PM
                                                                                        THOMAS A. WILDER
                                CAUSE NO 342-287627-16                                      DISTRICT CLERK


MARQUISE MARTIN, INDIVIDUALLY               §                  IN THE DISTRICT COURT
AND AS PERSONAL
REPRESENTATIVE OF THE ESTATE
OF CARLA HARVEY, DECEASED,

                    PLAINTIFF
V.                                                             342" JUDICIAL DISTRICT
DAYBREAK COMMUNITY SERVICES,
INC.,

                       DEFENDANT.           §               TARRANT COUNTY, TEXAS


                        AGREED PROTECTIVE ORDER
               REGARDING THE RELEASE
               REAR            eee   OF HEALTH   INFORMAT
                                            EE——ee—eeEw      ION
                                                        ee=—=—=*-:

TO THE HONORABLE JUDGE OF SAID COURT:

       WHEREAS,       during the course of this litigation the Parties may produce, or be

requested    or required to produce     in discovery,   documents    and   information which

constitute protected health information of the subject resident referenced in the petition

on file in this lawsuit; and

       WHEREAS,       each Party states that it has not taken any action during the course

of this litigation which is inconsistent with or would violate the terms of this Order; and

       WHEREAS, Plaintiff has agreed that any protected and private health information

for the subject resident produced or provided by Defendant DAYBREAK COMMUNITY

 SERVICES,     INC., in this pending lawsuit will be used by Plaintiff only for purposes

 associated with the prosecution and resolution of this pending lawsuit; and

        WHEREAS,       the Parties to the litigation, through their respective      attorneys,

 stipulate and agree to be bound to the terms and conditions of this Order:
IT IS THEREFORE,        ORDERED,       ADJUDGED           and   DECREED    that Defendant

DAYBREAK      COMMUNITY        SERVICES,       INC., may release to Plaintiff any private and

protected health information and any individually identifiable health information, as such

terms are used and defined at 45 C.F.R. § 160.103, requested by Plaintiff in this suit

regarding, for, and of the subject resident referenced in the petition on file in this lawsuit.

        This Order is intended to encompass the disclosure in discovery of any private

and protected health information and any individually identifiable health information

regarding, for, and of the subject resident referenced in the petition on file in this lawsuit

which   may   be   contained     in    responses   to   written    discovery   requests,   including

documents produced and attached thereto, and which may be made                      in response to

questions asked in an oral deposition conducted to obtain sworn testimony from the

agents, employees,     servants, or individuals otherwise under the control of, or acting

upon the direction of, DAYBREAK COMMUNITY SERVICES, INC.

        IT IS FURTHER       THEREFORE,         ORDERED,       ADJUDGED         and DECREED       that

Plaintiff, in accordance with 45 C.F.R. § 164.512(c)(1)(ii), (v), shall not use or disclose

the health information of said resident for purposes other than the pending proceeding,

that is this lawsuit and any resolution thereof, and shall destroy the health information of

said resident at the end of the litigation of this suit.



        SIGNED this the               day of                        , 2017.




                                                        JUDGE PRESIDING
AGREED AS TO SU.             pues AND FORM:




 Mr. James      M. McCoy
State        t No.:13474A00
  The McCoy Law Firm
  12400 Coit Road, Suite 560
 Dallas, Texas 75251
 Phone: (214) 292-2603
 Facsimile: (214) 203-0351

 ATTORNEY FOR DEFENDANT
 DAYBREAK COMMUNITY SERVICES, INC.




                                               —

 Brett Anthony
 State Bar No. 00793272
 Douglas P. Peterson
 State Bar No. 00797240
 Wesley R. Vasquez
 State Bar No. 24090448
 ANTHONY & PETERSON, L.L.P.
 500 North Water Street, Suite 1000
 Corpus Christi, Texas 78471
 Telephone No.: (361) 687-1000
 Facsimile No.: (361) 687-1010

 ATTORNEYS FOR PLAINTIFF