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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

ANDREW J. MAXWELL, not 

individually, but as Trustee for the estate of 

Eduardo Garcia and Julia Escamilla (nka 

Julia Garcia), 

 Plaintiff,

 v.

WELLS FARGO BANK, N.A.,

 Defendant.

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Case No. 1:20-cv-02402

Honorable Rebecca R. Pallmeyer

Honorable Heather K. McShain

QUALIFIED PROTECTIVE ORDER

Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and 45 C.F.R.

§ 164.512(e)(1), the Court finds good cause for the issuance of a qualified protective order and

ORDERS as follows:

1) The parties and their attorneys, and any future parties and their attorneys, in the abovecaptioned litigation are hereby authorized to receive, subpoena and transmit “protected

health information” pertaining to the Parties in Interest to the extent and subject to the 

conditions outlined herein.

2) For the purposes of this qualified protective order, “protected health information” shall

have the same scope and definition as set forth in 45 C.F.R. §§ 160.103 and 164.501.

Protected health information includes, but is not limited to, health information,

including demographic information relating to either: (a) the past, present, or future

physical or mental condition of an individual; (b) the provision of care to an individual;

or (c) the payment for care provided to an individual, which identifies the individual or

which reasonably could be expected to identify the individual.

3) All “covered entities” (as defined by 45 C.F.R. § 160.103) are hereby authorized to

disclose protected health information pertaining to the Parties in Interest, to attorneys 

representing the Parties in Interest in the above-captioned litigation.

4) The parties and their attorneys shall be permitted to use or disclose the protected health

information of the Parties in Interest for purposes of prosecuting or defending this

action, including any appeals of this case. This includes, but is not necessarily limited 

to, disclosure to their attorneys, experts, consultants, court personnel, court reporters, 
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copy services, trial consultants, and other entities or persons involved in the litigation

process.

5) Prior to disclosing the Parties in Interest’s protected health information to persons 

involved in this litigation, counsel shall inform each such person that the Parties 

in Interest’s protected health information may not be used or disclosed for any

purpose other than this litigation. Counselshall take all other reasonable stepsto ensure

that persons receiving the Parties in Interest’s protected health information do not use 

or disclose such information for any purpose other than this litigation.

6) Within 45 days after the conclusion of the litigation, including appeals, the parties, their

attorneys, and any person or entity in possession of protected health information

received from counsel pursuant to paragraph four of this Order, shall return the Parties 

in Interest’s protected health information to the covered entity or destroy any and all 

copies of protected health information pertaining the Parties in Interest, except that 

counsel are not required to secure the return or destruction of protected health 

information submitted to the court.

7) This Order does not control or limit the use of protected health information pertaining

to Plaintiff that comes into the possession of the parties or their attorneys from a source

other than a “covered entity,” as that term is defined in 45 C.F.R. § 160.103.

8) Nothing in this Order authorizes counsel for Defendant(s) to obtain medical records or

information through means other than formal discovery requests, subpoenas,

depositions, pursuant to a patient authorization, or other lawful process. Prior to

requesting any drug and alcohol treatment records, or HIVand AIDS-related

information, the requesting party must seek leave of court.

9) This Order does not authorize either party to seal court filings or court proceedings.

The Court will make a good cause determination for filing under seal if and when the

parties seek to file the Parties in Interest’s protected health information under seal. See 

Local Rule 26.2.

Dated: August 30, 2021

REBECCA R. PALLMEYER

United States District Judge