IN THE UNITED STATES DISTRICT COURT FOR THE

MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

Grady Clifford Smith,

Plaintiff,

vs. Civil Action No.:

Hyundai Motor Manufacturing 2:06-cv-745-WKW-CSC

Alabama, LLC,

Defendant.

_____________________________

JOINT MOTION FOR ENTRY OF

QUALIFIED HIPAA PROTECTIVE ORDER

The parties jointly move the Court for entry of a Qualified HIPAA Protective Order. The

proposed Order is attached as Exhibit “A” and is necessary due to the discovery which is anticipated

in this case alleging clams under the Americans With Disabilities Act, and thus is related to the

Plaintiff’s medical condition.

Respectfully Submitted on this 5

th

day of October, 2006.

THIS WILL CERTIFY THAT ALL PARTIES HAVE AGREED TO THE ABOVE AND HAVE

AGREED THAT:

Case 2:06-cv-00745-WKW-CSC Document 7 Filed 10/05/2006 Page 1 of 2
Sandra B. Reiss will e-file the foregoing Joint Motion and Proposed Order. Specifically, the above

is agreed to by:

FOR PLAINTIFF FOR DEFENDANT

/s/Cynthia Wilkinson(with permission) /s/Sandra B. Reiss

Cynthia Forman Wilkinson J. Trent Scofield (ASB-1191-e67j)

Wilkinson Law Firm, PC Sandra B. Reiss (ASB-3650-s80s)

215 Richard Arrington Jr. Blvd. N. Ogletree, Deakins, Nash, Smoak & Stewart,

Suite 811 One Federal Place

Birmingham, AL 35203 Suite 1000

(205) 250-7866 1819 Fifth Avenue North

Birmingham, AL 35203

e-mail: Trent.Scofield@odnss.com

e-mail: Sandra.reiss@odnss.com

Ph. (205) 328-1900

Fax: (205) 328-6000

/s/Scott Harwell (with permission)

Scott Harwell

P. O. Box 380966

Birmingham, AL 35238

Ph. 980-1445

Case 2:06-cv-00745-WKW-CSC Document 7 Filed 10/05/2006 Page 2 of 2
IN THE UNITED STATES DISTRICT COURT FOR THE

MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

Grady Clifford Smith,

Plaintiff,

vs. Civil Action No.:

Hyundai Motor Manufacturing 2:06-cv-745-WKW-CSC

Alabama, LLC,

Defendant.

_____________________________

QUALIFIED HIPAA PROTECTIVE ORDER

The parties are hereby granted the right, upon compliance with the applicable discovery

provisions of the Federal Rules of Civil Procedure and the orders of this court, to obtain from any

health care provider, health plan, or other entity covered by the Health Insurance Portability and

Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1936 (1996) (“HIPAA’), any and all

information relating to the past, present, or future medical condition of any individual who is a party

to this action (or the decedent or ward of a party who sues in a representative capacity), as well as

any and all information relating to the provision of health care to such individual and payment for the

provision of such health care.

This 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 the Protected

Health Information in response to such request or subpoena. This order is intended to authorize

such disclosures under the privacy regulations issued pursuant to HIPAA. 45 C.F.R. Section

164.512(e)(1)(I).

Case 2:06-cv-00745-WKW-CSC Document 7-2 Filed 10/05/2006 Page 1 of 2
The parties are expressly prohibited from using or disclosing the protected health information

obtained pursuant to this order for any purpose other than this action. Further, the parties are ordered

to either return to the covered entity from whom or which such protected health information was

obtained, or to destroy the protected health information (including all copies made), immediately

upon conclusion of this action. See 45 C.F.R. Sections 163.502(b); 164.512(e)(1)(v).

DONE and ORDERED this _____ day of _____________, 2006.

_______________________________

United States District Judge

Case 2:06-cv-00745-WKW-CSC Document 7-2 Filed 10/05/2006 Page 2 of 2