IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

DAVID W. JAHN, ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) Civil Action No. 02:06-cv-623 

 ) 

REGINALD JAMES WASHINGTON, et al., ) 

 ) 

 Defendants. ) 

 ) 

MOTION FOR ENTRY OF HIPAA ORDER

 Comes now the Defendants, REGINALD JAMES WASHINGTON and GSC 

ENTERPRISES, INC., and moves the Court to enter a “HIPAA Order”, a proposed copy 

of which is attached as Exhibit A. Defendant’s proposed HIPAA Order complies with 

the requirements of US District Court. In further support of this motion, Defendant 

offers the following. 

 1. Plaintiffs allege that they experienced personal injury as a result of the 

wrongful conduct of the Defendants named in this lawsuit. Accordingly, Plaintiffs’ 

hospitalizations, as well as information regarding his/her medical history and treatment 

are relevant to the issues presented in this case. 

 2. Defendant cannot obtain such information without a HIPAA Order 

because of federal statutes, including HIPAA (“Health Insurance Portability and 

Accountability Act”) at 42 USC § 201 et seq. Hospitals, physicians and other health care 

providers will not provide medical information absent a release or a judicial directive 

such as the proposed HIPAA Order. 

 

Case 2:06-cv-00623-MEF-SRW Document 24 Filed 03/29/2007 Page 1 of 3
WHEREFORE, PREMISES CONSIDERED, Defendants, JAMES WASHINGTON 

and GSC ENTERPRISES, INC., respectfully requests the Court to enter the proposed 

HIPAA Order. 

 s/Jay Clark______________________ 

 JOHN W. CLARK, JR. 

 Attorney for REGINALD JAMES 

 WASHINGTON and GSC ENTERPRISES, 

 INC. 

 State Bar: ASB-2581-C61J 

 

OF COUNSEL: 

CLARK, HAIR & SMITH, P.C. 

P.O. BOX 530467 

Birmingham, AL 35253 

205/397-2900 

205/397-2901 Fax 

CERTIFICATE OF SERVICE

I hereby certify that I have this 29th day of March, 2007 sent via electronic mail 

and/or U.S. mail a copy of the foregoing pleading to the following attorneys of record: 

Terry G. Key, Esq. 

P.O. Box 927 

Dothan, AL. 36302 

 

 s/Jay Clark___________________ 

 OF COUNSEL 

Case 2:06-cv-00623-MEF-SRW Document 24 Filed 03/29/2007 Page 2 of 3
IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

DAVID W. JAHN, ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) Civil Action No. 02:06-cv-623 

 ) 

REGINALD JAMES WASHINGTON, et al., ) 

 ) 

 Defendants. ) 

 ) 

 

HIPAA ORDER IN CIVIL ACTION

Upon compliance with the Federal Rules of Civil Procedure, the attorneys for the parties and pro se parties to this 

lawsuit are permitted to inspect and copy all health information relating to any Individual who is a party to this case, or of any 

decedent or other real party in interest, represented by an executor, an administrator, guardian, next friend, bailee or trustee, and 

to inspect and copy all information relative to payment for the provision of medical care to any such Individual. This Order 

neither broadens nor restricts any party’s ability to conduct discovery pursuant to Federal law, the sole purpose hereof being only 

to permit compliance with the Health Insurance Portability and Accountability Act of 1996. 

This Court Order authorizes any third-party who is provided with a subpoena requesting the production of 

documents or commanding attendance at deposition or trial to disclose Protected Health Information in response to such 

request or subpoena. This Court Order is intended to authorize such disclosures under Section 164.512(e)(1) of the 

privacy regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). 

Nothing in this Order shall be deemed to relieve any party or attorney of the requirements of the Federal Rules of Civil 

Procedure. Nothing in this Order permits disclosure of confidential communications, made for the purposes of diagnosis or 

treatment of a patient's mental or emotional condition, including alcohol or drug addiction, among the patient, the patient's 

psychotherapist, and persons who are participating in the diagnosis or treatment under the direction of the psychotherapist, 

including members of the patient's family, nor does this Order permit disclosure of records or information relating to HIV testing 

or sexually transmitted disease. 

Nothing in this Order shall be construed to authorize any party or any attorney for any party to release, exchange, 

submit or share any Protected Health Information with any other person or any other entity, other than an agent or employee of 

the attorney or party. This Order prohibits the parties from using or disclosing the Protected Health Information for any purpose 

other than this litigation or proceeding. 

At the conclusion of this action and at the written request of an individual whose Protected Health Information has been 

disclosed, or such Individual's authorized representative, all recipients of the Protected Health Information shall return to the 

requesting party the documents containing Protected Health Information received by them pursuant to this Order, except that 

Protected Health Information, which is included in insurance claim files and law firm litigation files, may be retained to allow 

compliance to the extent and for the period that such retention is required by Alabama insurance laws and the Federal Rules of 

Civil Procedure. 

DONE and ORDERED this the day of , 2007. 

______________________________________ 

CHIEF UNITED STATES DISTRICT JUDGE 

Case 2:06-cv-00623-MEF-SRW Document 24 Filed 03/29/2007 Page 3 of 3