UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

JENNIFER LAKE, as Personal 

Representative of the Estate of 

BENJAMIN PELCH, JR., Deceased, 

Plaintiff, 

v 

HEARTLAND - BRIARWOOD MI, LLC 

d/b/a HEARTLAND HEALTH CARE 

CENTER - BRIARWOOD, and as 

Successor Corporation to HEARTLAND 

HEALTH CARE CENTER - BRIARWOOD, 

and/or EAST MICHIGAN CARE 

CORPORATION and/or MANOR CARE, 

INC., 

Defendants. 

 / 

CASE NO.: 08-14669 

HONORABLE: Sean F. Cox 

Lower Case No.: 08-89404-NM 

HONORABLE: Joseph J. Farah 

SCOTT L. FEUER (P38185) 

TED KOZERSKI (P36894) 

Attorney for Plaintiff 

251 Merrill Street 

Suite 203 

Birmingham, Michigan 48009 

(248) 723-7828, Ext. 201 / 

WILLIAM D. CHAKLOS (P33180) 

DAVID C. WIEGEL (P57277) 

Attorneys for Defendant 

One Woodward Avenue 

Suite 2400 

Detroit, MI 48226-5485 

(313) 965-7925 

STIPULATION FOR QUALIFIED PROTECTIVE ORDER FOR 

THE RELEASE OF IDENTITY OF BENJAMIN PELCH'S ROOMMATES AT 

HEARTLAND HEALTH CARE CENTER- BRIARWOOD

IT IS STIPULATED by and between counsel for the parties that Plaintiff, Jennifer 

Lake, is granted a Qualified Protective Order for the release of Benjamin Pelch’s 

roommates’ names (as well as last known address and telephone number) while he was 

a resident at Heartland Health Care Center - Briarwood, subject to the following 

stipulations being contained in the qualified protective order: 

A.) That plaintiff’s counsel and/or Plaintiff are prohibited from using or 

disclosing the protected health information for any purpose other 

2:08-cv-14669-SFC-MJH Doc # 16 Filed 07/17/09 Pg 1 of 4 Pg ID 149
2

than in this litigation; that plaintiff’s counsel and/or Plaintiff are 

required to return or destroy the protected information at the end of 

the litigation; and that this qualified protective order concerns solely 

the release of Benjamin Pelch’s roommates names while he was a 

resident of Heartland Health Care Center - Briarwood. 

B.) That Plaintiff and/or plaintiff’s counsel are required to notify 

Benjamin Pelch’s roommates that Heartland Health Care Center - 

Briarwood were required to release their names and last known 

contact information due to a court order. 

C.) That plaintiff’s counsel must inform Benjamin Pelch’s roommates 

that they are under no obligation to meet with Plaintiff and/or 

plaintiff’s counsel. Plaintiff’s counsel is also required to provide 

said roommates with a copy of this order. 

D.) That discussions with Mr. Pelch’s roommates are to only concern 

Mr. Pelch and his stay at Heartland Health Care Center - Briarwood 

and not their own health issues. 

E.) That plaintiff’s counsel will provide at least 48 hour-advanced 

written notice to defense counsel of the date, time, and place of any 

meetings between plaintiff and/or plaintiff’s counsel and Benjamin 

Pelch’s roommates and allow defense counsel to attend any such 

meeting. 

/s/ David Wiegel /s/ Ted Kozerski (w/permission) 

DAVID WIEGEL (P57277) 

Attorney for Defendant 

 TED KOZERSKI (P36894) 

Attorney For Plaintiff 

2:08-cv-14669-SFC-MJH Doc # 16 Filed 07/17/09 Pg 2 of 4 Pg ID 150
1 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

JENNIFER LAKE, as Personal 

Representative of the Estate of 

BENJAMIN PELCH, JR., Deceased, 

Plaintiff, 

v 

HEARTLAND - BRIARWOOD MI, LLC 

d/b/a HEARTLAND HEALTH CARE 

CENTER - BRIARWOOD, and as 

Successor Corporation to HEARTLAND 

HEALTH CARE CENTER - BRIARWOOD, 

and/or EAST MICHIGAN CARE 

CORPORATION and/or MANOR CARE, 

INC., 

Defendants. 

 / 

CASE NO.: 08-14669 

HONORABLE: Sean F. Cox 

Lower Case No.: 08-89404-NM 

HONORABLE: Joseph J. Farah 

SCOTT L. FEUER (P38185) 

TED KOZERSKI (P36894) 

Attorney for Plaintiff 

251 Merrill Street 

Suite 203 

Birmingham, Michigan 48009 

(248) 723-7828, Ext. 201 / 

WILLIAM D. CHAKLOS (P33180) 

DAVID C. WIEGEL (P57277) 

Attorneys for Defendant 

One Woodward Avenue 

Suite 2400 

Detroit, MI 48226-5485 

(313) 965-7925 

ORDER FOR QUALIFIED PROTECTIVE ORDER FOR 

THE RELEASE OF IDENTITY OF BENJAMIN PELCH'S ROOMMATES AT 

HEARTLAND HEALTH CARE CENTER - BRIARWOOD

 Upon reading and filing of the above stipulation, and the Court being fully advised 

in the premises; 

IT IS HEREBY ORDERED that Plaintiff, Jennifer Lake, is granted a Qualified 

Protective Order for the release of Benjamin Pelch’s roommates’ names (as well as last 

known address and telephone number) while he was a resident at Heartland Health 

Care Center - Briarwood, subject to the following stipulations: 

2:08-cv-14669-SFC-MJH Doc # 16 Filed 07/17/09 Pg 3 of 4 Pg ID 151
2

A.) That plaintiff’s counsel and/or Plaintiff are prohibited from using or 

disclosing the protected health information for any purpose other 

than in this litigation; that plaintiff’s counsel and/or Plaintiff are 

required to return or destroy the protected information at the end of 

the litigation; and that this qualified protective order concerns solely 

the release of Benjamin Pelch’s roommates names while he was a 

resident of Heartland Health Care Center - Briarwood. 

B.) That Plaintiff and/or plaintiff’s counsel are required to notify 

Benjamin Pelch’s roommates that Heartland Health Care Center - 

Briarwood were required to release their names and last known 

contact information due to a court order. 

C.) That plaintiff’s counsel must inform Benjamin Pelch’s roommates 

that they are under no obligation to meet with Plaintiff and/or 

plaintiff’s counsel. Plaintiff’s counsel is also required to provide 

said roommates with a copy of this order. 

D.) That discussions with Mr. Pelch’s roommates are to only concern 

Mr. Pelch and his stay at Heartland Health Care Center - Briarwood 

and not their own health issues. 

E.) That plaintiff’s counsel will provide at least 48 hour-advanced written notice to 

defense counsel of the date, time, and place of any meetings between plaintiff and/or 

plaintiff’s counsel and Benjamin Pelch’s roommates and allow defense counsel to 

attend any such meeting. 

Dated: July 17, 2009 s/ Sean F. Cox 

 Sean F. Cox 

 U. S. District Judge 

2:08-cv-14669-SFC-MJH Doc # 16 Filed 07/17/09 Pg 4 of 4 Pg ID 152