ANDRÉ BIROTTE JR., United States Attorney, LEON W. WEIDMAN, Assistant United States Attorney, Chief, Civil Division RUSSELL W. CHITTENDEN, Assistant United States Attorney, Los Angeles, California, Attorneys for Defendant.
LAWRANCE A. BOHM (SBN 208716) MARIA E. MINNEY (SBN 289131) BOHM LAW GROUP Sacramento, CA, SHANNON M. FOLEY, (SBN 125420) RICHARD W. LYMAN, JR., (SBN 54013) FOLEY LYMAN LAW GROUP LLP, Manhattan Beach, CA, Attorneys for Plaintiff.
PROTECTIVE ORDER ORDERED
STEPHEN J. HILLMAN, District Judge.
Pursuant to the parties' Stipulation Re Protective Order (the "Stipulation"), and for the purpose of protecting disclosure of information which might violate the Privacy Act of 1974, 5 U.S.C. § 552(a) (1976) and/or the Health Insurance Portability and Accountability Act and the Privacy Act, and in furtherance of the provisions of those Acts, it is hereby ORDERED as follows:
1. This Protective Order applies to, governs and directs the disclosure of information obtained from the records (the "Protected VA Documents") of Defendant VA.
2. This Protective Order applies to, governs and directs the disclosure of Plaintiff's medical records, including psychiatric records, obtained from Plaintiff, or from any health care providers (the "Protected Medical Records").
3. This Protective Order applies to, governs and directs the disclosure of Plaintiff's financial records obtained from Plaintiff, or from Plaintiff's expert (the "Protected Financial Records").
4. Both parties and their respective counsel agree not to disclose any covered information they obtain from the Protected VA Records, Protected Medical Records, and Protected Financial Records (hereinafter collectively "Protected Records").
5. Both parties, and their counsel and their employees and agents agree not to disclose any information obtained from the Protected Records to any person, group or entity, other than as set forth herein:
a. Counsel of record for the parties;
b. Expert consultants/witnesses, who are retained or consulted by the parties for the purposes of providing testimony or performing other services relating to this action, provided that they shall agree to be bound by the terms of this Protective Order and shall execute the "Agreement to be Bound by Protective Order, " attached to the Stipulation as Exhibit A; and
c. Non-expert witnesses to this action, but only to the extent that disclosure is necessary to question a witness or prepare a witness to be questioned by another party; provided that they shall agree to be bound by the terms of this Protective Order and shall execute the "Agreement to be Bound by Protective Order, " attached to the Stipulation as Exhibit A. Said non-expert witnesses shall be permitted to review the Protected Records in the presence of counsel, but shall not be given a copy of the documents to retain.
6. No person shall make a copy of any of the Protected Records unless copying is necessary for the litigation and representation of the parties' claims. When copies are made, they shall only be made at the direction of the parties and/or their respective counsel and/or related employees that are actively assisting in the litigation of this action.
7. Any such Protected Records used in a pleading or exhibit shall be placed under seal in compliance with Local Rule 79-5.4. No further Protective Order shall be required when filing the Protected Records with the Court ...