IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

 

PAUL HARKER

 

Plaintiff,

 

vs.

 

MIAMI UNIVERSITY, et al.,

 

Defendants.

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CASE NO.: 1:17CV00830

 

JUDGE SUSAN DLOTT

 

MAGISTRATE JUDGE KAREN L.

LITKOVITZ

AGREED PROTECIVE ORDER 

REGARDING MEDICAL RECORDS 

AND MEDICAL INFORMATION 

 To facilitate discovery and to protect Plaintiff Paul Harker’s interests in the confidentiality 

of privileged and personally sensitive matters contained in his medical records and information, 

pursuant to Rule 26 of the Federal Rules of Civil Procedure, the parties agree as to the terms of 

this Order, and the Court being fully advised: 

 WHEREAS, the Defendant has propounded discovery requesting that Plaintiff produce 

certain documents relating to confidential materials, including Plaintiff’s Protected Health 

Information; 

 WHEREAS, the Parties treat this information as confidential and wish to strictly limit its 

access to third parties; and 

 WHEREAS, good causes exist to protect the confidential nature of this information; 

 IT IS HEREBY ORDERED: 

1. All of Plaintiff’s medical records and all information contained in such records shall 

be deemed “Confidential Material.” 

Case: 1:17-cv-00830-SJD Doc #: 21 Filed: 10/24/18 Page: 1 of 3 PAGEID #: 126
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2. As used in this Order, “information” encompasses any written, printed, typed, 

recorded or graphic materials, however produced or reproduced, of any kind or description, 

including materials which are created or retained by electronic means. 

3. All Confidential Material shall be used only for the purpose of the proceedings in 

these cases, including discovery, trial, hearings and any appeals. 

4. The parties agree to limit the disclosure of Confidential Material and all information 

contained therein only to those individuals involved in prosecution, defense and/or adjudication of 

this litigation, including the parties, counsel, support staff, necessary third-party advisors and 

witnesses. 

5. In the event that Confidential Material, in whole or in part, is referenced and/or 

included in depositions, exhibits or other item to be filed with the Court, the filing party shall move 

for permission to file such depositions, exhibits and/or item(s) under seal and obtain an order 

granting such relief before filing. 

6. Counsel shall instruct all such persons receiving confidential documents to 

maintain the confidentiality of information protected by this Order, shall furnish them a copy of 

this Order, and are responsible for ensuring their compliance with this Order. 

7. Nothing in this Order shall affect the admissibility of any documents or other 

evidence at trial or hearing in this action. 

8. All Confidential Material, including all copies made by the parties and those copies 

distributed to parties and/or witnesses, shall be destroyed upon termination of this litigation. The 

parties shall certify in writing that they have complied with this paragraph of the Order within 60 

days after the final termination of this action. The terms of this Order shall survive the final 

termination of this action and shall continue to bind the parties. 

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9. This Order shall take effect when entered and shall be binding upon all counsel and 

their law firms, the parties, and persons made subject to this Order by its terms. 

SO ORDERED. 

Dated: October 24, 2018 S/Susan J. Dlott 

 UNITED STATES DISTRICT JUDGE

HAVING SEEN AND AGREED: 

s/ Christian A. Jenkins s/ Deborah S. Adams * 

Christian A. Jenkins (0070674) 

Robb S. Stokar (0091330) 

Minnillo & Jenkins Co., LPA 

2712 Observatory Avenue 

Tel: (513) 723-1600 

Fax: (513) 723-1620 

cjenkins@minnillojenkins.com 

rstokar@minnillojenkins.com 

Counsel for Plaintiff Paul Harker

 Deborah S. Adams 

Frost Brown Todd LLC 

3300 Great American Tower 

301 E. Fourth Street 

Cincinnati, OH 45202 

Counsel for Defendant Miami University 

*Per e-mail authorization 10/23/18 

Case: 1:17-cv-00830-SJD Doc #: 21 Filed: 10/24/18 Page: 3 of 3 PAGEID #: 128