Order: Baumgartner, Jamie Lynn vs Travelers Casualty Insurance Company of America

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                                IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
                                          IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
                                                                 CIVIL DIVISION


             JAMIE LYNN BAUMGARTNER,

                               Plaintiff,
                                                                            Case No.:         18-CA-007581
             v.                                                             Division:         E

             TASMAN SERVICES LLC and
             TRAVELERS CASUALTY INSURANCE
             COMPANY OF AMERICA,

                               Defendants.
                                                                   /


                        ORDER ON MUTUAL RELEASE ON NEUROPSYCHOLOGICAL RAW DATA

                      THIS CAUSE having come before the Court by agreement of the parties, and the Court being

             otherwise fully advised in the premises, it is hereby:

                      ORDERED AND ADJUDGED as follows:

                 1.   Jason   Demery,     Ph.D.   shall  provide    to  counsel   for  Plaintiff   within   thirty  (30)   days   after  his

                      compulsory     medical    examination     of Plaintiff  his  raw   test data,  record  forms,   handwritten     notes,

                      and   any   computerized      test  scoring   results   used   in  examining     Plaintiff   and   in  reaching   any

                      conclusion     with    regard    to  the   issues   in   this   case   and   test   record    forms    used    in  the

                      neuropsychological evaluation of the Plaintiff (collectively “raw data”) subject conditions listed in

                      paragraph three.

                 2.   Gordon    Horn,    Ph.D.    shall  provide    to  counsel    for  Defendant,     Travelers    Casualty     Insurance

                      Company      of  America,    within   thirty  (30)  days   from   the date   of this  order   his raw   data  subject

                      conditions listed in paragraph three.

                 3.   The conditions for the production and maintenance of the raw data are as follows:

                          a.   The  raw   data  provided    shall be  deemed     confidential   and   shall be  maintained     in a  secure


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            03/12/2021 08:10:39 PM Electronically Filed: Hillsborough County/13th Judicial Circuit.                                  Page 1
                               fashion available only to and for the use of counsel and neuropsychological experts in this

                               litigation.

                          b.   The raw data provided shall not be used outside this litigation or for any other purpose.

                          c.   In no event shall any raw test data or copies provided be disseminated or disclosed, in any

                               form,   to any  other   person   who   is not  counsel,   a neuropsychological       expert   retained  by  a

                               party, or any person who is not directly involved in aiding in the prosecution or defense of

                               this matter absent further order of the Court except that the raw data may be handled by or

                               provided to secretaries or paralegals of counsel for the specific purpose of transferring or

                               providing the raw data to any person allowed to obtain and review the raw data pursuant to

                               this Court’s Order. No secretary, paralegal, or any other employee or agent of counsel shall

                               be   allowed    to  review    or  analyze    the  material    for  purpose    of   providing    summaries,

                               memorandums, or other documentation concerning the raw data.

                          d.   Within   twenty    (20)   days   of  the  conclusion     of  this  litigation,  including    any  appellate

                               proceedings, counsel will return or destroy any raw data produced.

                          e.   Neither the raw data provided nor any information contained within the raw data shall be

                               included    in any   pleading,    motion,   correspondence      or  any   other   document     prepared    by

                               counsel on behalf of the parties unless otherwise allowed by further order of the Court and

                               filed with the Court under seal.
                                                                                                                            12th
                      DONE AND ORDERED in Chambers, Tampa, Hillsborough County, Florida on this ___ day of
                           March
                                                          2021.
                                                                           18-CA-007581 3/12/2021 8:10:39 PM
                                                                           18-CA-007581 3/12/2021 8:10:39 PM

                                                                            Anne-Leigh Gaylord Moe
                                                                            Circuit Court Judge

             cc:      Scott Distasio, Esq., Counsel for Plaintiff
                      Catherine M. Verona, Esq., Counsel for Defendant Tasman
                      Sean M. Conahan, Esq., Counsel for Defendant Travelers


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            03/12/2021 08:10:39 PM Electronically Filed: Hillsborough County/13th Judicial Circuit.                                  Page 2