David D. Lawrence, Esq. [State Bar No. 123039], Christina M. Sprenger, Esq. [State Bar No. 205105],  Haiyang Allen Li, Esq. [State Bar No. 288063], LAWRENCE BEACH ALLEN & CHOI A Professional Corporation, Santa Ana, California.
Wendy J. Phillips, Sr. Deputy [State Bar No. 178452], OFFICE OF THE COUNTY COUNSEL COUNTY OF ORANGE, Santa Ana, California, Attorneys for Defendant, COUNTY OF ORANGE.
CINDY PNUCO, HADSELL STORMER RICHARDSON & RENICK LLP, Attorney for Plaintiffs.
ORDER ON THE PARTIES' JOINT DISCOVERY STIPULATION AND PROTECTIVE ORDER GOVERNING THE DISCLOSURE OF INMATE MEDICAL INFORMATION FOR USE IN THIS LITIGATION
ANDREW J. WISTRICH, District Judge.
The Court having considered the parties' Joint Discovery Stipulation, received argument from counsel, and good cause having been found, IT IS HEREBY ORDERED THAT:
1. Pursuant to the terms of this Protective Order, Defendant County may obtain, rely upon, use, and disclose relevant inmate medical records and information to defend itself in this litigation without notice to, or consent or authorization (under HIPAA or any other statute) from the inmate. This Protective Order is not intended to be a waiver of any rights that an inmate may have regarding disclosure or use of protected health information which exceeds the scope of disclosure contemplated by this Protective Order.
2. Defendant shall provide a copy of relevant, relied upon, inmate medical records and information to Plaintiffs' counsel and the court-appointed Monitor(s). Plaintiffs' counsel and the court-appointed Monitor(s) may receive the relevant, relied upon, inmate medical information disclosed by the County without notice to, or authorization (under HIPAA or any other statute) from the inmate.
3. All use and disclosure of relevant inmate medical records and information in this litigation shall be governed by the terms of this Protective Order. Nothing in this Order shall prevent Plaintiffs' counsel or the court-appointed Monitor(s) from obtaining and/or using the entire unredacted medical file of any inmate who authorizes it under HIPAA. Any records relied upon by Plaintiffs' counsel shall be disclosed to defense counsel and are governed by the terms of this Protective Order. In addition, any records relied upon by Plaintiffs' counsel are deemed relevant medical information for purposes of this Protective Order and may be used by any party.
The parties stipulate and THE COURT FURTHER ORDERS THAT:
4. During the course of this litigation, the court-appointed Monitor has disclosed (often redacted) medical information regarding certain inmates, and has discussed the contents thereof with counsel. During this litigation, and in support of their Motion To Extend Injunctive Relief, Plaintiffs' counsel has filed the Monitor's Quarterly Reports containing medical information regarding certain inmates. During this litigation, and in support of its Motion To Terminate Injunctive Relief (filed August 12, 2013), Defendant has relied upon medical information regarding certain inmates. Defendant's Motion To Terminate Injunctive Relief includes the Declaration of Dr. Chiang (filed under seal) which necessarily refers to and incorporates detailed medical information of certain inmates. The above-referenced medical information implicates HIPAA limitations on the scope of disclosure, as well as serious privacy concerns on behalf of the inmates referenced therein, and accordingly warrants protection against dissemination outside this litigation.
5. All inmate medical information disclosed during this litigation, including the Declaration of Dr. Chiang, and any attachments, appendices, addenda, exhibits or notations made thereto are "confidential material." When confidential material is produced by the County in the future, it shall be marked "CONFIDENTIAL MATERIAL SUBJECT TO A PROTECTIVE ORDER, SACV 01-981 ABC (AJWx)."
6. Confidential material shall be used solely in connection with the litigation of this case, Case No. SACV 01-981 ABC (AJWx) Consolidated with Case No. CV 75-3075 ABC (AJWx), or any related appellate proceeding, and not for any other purpose, including any other litigation.
7. Confidential material may not be disclosed except as ...