UNITED STATES DISTRICT COURT FOR THE

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

SARAH A. GILMORE,

Plaintiff, Case No.: 14-cv-12586

vs. Hon. Robert H. Cleland

ALAN CHOW and MARY CHOW, Mag. Mona K. Majzoub

Defendants.

__________________________________/

MARIO J. AZZOPARDI (P46971)

JAY L. ROTHSTEIN (P27321)

Attorneys for Plaintiff

19068 W. Ten Mile Road

Southfield, MI 48075

(248) 355-2048

MARK SHREVE (P29149)

Garan Lucow Miller, P.C.

Attorney for Defendants

1111 W. Long Lake Rd., Ste. 300

Troy, MI 48098-6333

(248) 641-7600

___________________________________/

QUALIFIED PROTECTIVE ORDER

AND AUTHORIZATION PURSUANT TO HEALTH INSURANCE

PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)

1. IT IS HEREBY ORDERED that this Court authorizes the disclosure and sharing of

Plaintiff Sarah A. Gilmore’s “personal health information” protected under the Health

Insurance Portability and Accountability Act (hereinafter “HIPAA”) (42 USC §1320d et seq.)

and the regulations promulgated thereunder (45 CFR §§160, 164 et seq.) pursuant to the

terms and conditions contained in this Order.

2. IT IS HEREBY FURTHER ORDERED that Plaintiff Sarah A. Gilmore’s, health care

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providers including, but not limited to examining, testing and/or treating doctors and other

medical personnel shall provide copies of all records and may discuss the Plaintiff, Sarah

A. Gilmore’s, medical conditions and past, present and future treatment with counsel for

the Defendant.

3. IT IS FURTHER ORDERED that this Order does not compel the health care provider

to participate in an interview or meeting against his or her wishes, nor to occur outside the

presence of the health care provider’s attorney if he or she wishes to have one present. 

The purpose of the interview or meeting conducted by attorneys for Defendants and/or

Defendants’ agents is to assist Defendants in their defense of the above-referenced action

brought by Sarah A. Gilmore. The meeting or interview is not at the request of Sarah A.

Gilmore; however, Sarah A. Gilmore and her counsel are on notice of the existence of this

order.

4. IT IS FURTHER ORDERED that all covered entities under HIPAA, including but not

limited to the health care providers, examining, testing and/or treating doctors and other

medical personnel of Sarah A. Gilmore are authorized and permitted to disclose and/or

share Sarah A. Gilmore’s personal health information to the attorneys or agents of

Defendants. The personal health information of Sarah A. Gilmore may be provided orally

in discussions with Defendant’s attorneys and/or agents or in written, visual or other

recorded form. The consent of or notice to Sarah A. Gilmore and/or her attorneys is not

required prior to the disclosure of this information by any health care provider.

5. IT IS FURTHER ORDERED that counsel for the Defendants is permitted to use or

disclose protected information for all purposes involved this action, except as limited by the

Federal Rules of Civil Procedure for discovery and subject to the Federal Rules of Evidence

for use at trial, and upon resolution of this action, counsel for the Defendants who receives

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written or otherwise recorded protected health care information of the Plaintiff, Sarah A.

Gilmore, shall destroy or return the information (including all copies made) to the health

care provider.

Dated: August 12, 2014

 S/Robert H. Cleland 

U.S. District Court Judge

Notice and hearing on entry of the 

above Order is waived.

s/with consent of Mario J. Azzopardi

MARIO J. AZZOPARDI

Rothstein Law Group PLC

19068 W. Ten Mile Road

Southfield, MI 48075

(248) 355-2048

mjr@rothsteinlagroup.com

(P46971) 

s/Mark Shreve 

MARK SHREVE

Garan Lucow Miller, P.C.

1111 W. Long Lake Rd., Ste. 300

Troy, MI 48098-6333

(248) 641-7600

mshreve@garanlucow.com

(P29149)

Gilmore_-_HIPAA_Order.wpd

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