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Mobley v. Skyline Arkansas Holdings LLC

United States District Court, E.D. Arkansas, Northern Division

October 10, 2017

OPAL MOBLEY, As Special Personal Representative of the Estate of Rebecca Louise Duke, Deceased, and on behalf of the Wrongful Death Beneficiaries of Rebecca Louise Duke, Deceased PLAINTIFF
v.
SKYLINE ARKANSAS HOLDINGS, LLC; SKYLINE CHP HOLDINGS, LLC; BATESVILLE HOLDINGS, LLC; BATESVILLE HEALTH AND REHAB, LLC; ARKANSAS NURSING HOME ACQUISITION, LLC; CAPITAL FUNDING GROUP, INC.; CSCV HOLDINGS II, LLC; ARKANSAS SNF OPERATIONS ACQUISITION III, LLC; JOSEPH SCHWARTZ; JOHN W. DWYER; ALAN ZUCCARI; and BRIAN REYNOLDS DEFENDANTS

          Mark W. Dossett Samantha B. Leflar Maggie Benson KUTAK ROCK LLP Attorneys for Separate Defendants, Skyline Arkansas Holdings, LLC, Skyline CHP Holdings, LLC, Batesville Holdings, LLC, Batesville Health and Rehab, LLC, and.Joseph Schwartz

          Scott Davidson DAVIDSON LAW FIRM Attorneys for Plaintiff.

          Jerry J. Sailings Carson Tucker WRIGHT, LINDSEY & JENNINGS LLP Attorneys for Separate Defendants, Arkansas Nursing Home Acquisition, LLC, Capital Funding Group, Inc., CSCV Holdings II, LLC, Arkansas SNF Operations Acquisition III, LLC, John W. Dwyer, Alan Zuccari, and Brian Reynolds.

          PROTECTIVE ORDER

          D.P. Marshall Jr. United States District Judge.

         With the parties' agreement, and pursuant to Federal Rule of Civil Procedure 26(c), the Court orders:

         1. Definition of Confidential Information

         "Confidential information" includes: (a) Personnel documents pertaining to current and former employees of Defendants, including but not limited to employee compensation information, tax information, supervisory notes, and discipline reports; (b) Non-public financial information of Defendants; (c) Proprietary documents and information of Defendants, including trade secrets, business plans, and procedure manuals created by Defendants, and (d) as required by 45 C.F.R. § 164.512(e)(1)(v), confidential patient information, protected health information, or other identifiable health information as defined by the Health Insurance Portability and Accountability Act ("HIPAA").

         2. Designation of Confidential Information

         "Confidential information" shall not be disclosed except as set forth in this Order. Any deposition transcript page, interrogatory answer, produced document, item produced or examined, and each answer to request for admission, which in good faith is deemed by counsel for a party to disclose confidential information of that party, shall be identified and marked "CONFIDENTIAL" by that party's counsel. The identification and marking shall be made: (a) in the case of an answer to an interrogatory or a response to a request for admission, at the time when the answer or response is served by the requested party; (b) in the case of another document, when a copy of the document is provided to another party. In the case of transcript pages, the designating party shall advise opposing counsel of the specific pages to be maintained in confidence within 20 calendar days after receipt of the transcript of the deposition. Pending notification from opposing counsel during the 20 calendar-day period, all transcript pages shall be treated as "CONFIDENTIAL" and may be used only in accordance with this Order.

         3. Treatment of Confidential Information and Persons Entitled to

         Access Until and unless the Court rules that any information, document, or thing designated as confidential is not confidential information, or may be disclosed beyond the limits permitted by this Order, access, copying, and dissemination of that information, document, or thing is limited to the following persons: (a) Attorneys of record in this litigation, along with their employees and agents actively engaged in the conduct of this litigation; (b) Named parties to this case; (c) Representatives of parties to this case; (d) Witnesses in this litigation who will be deposed or who will testify at trial; (e) The Court, stenographers, court clerks, and other court personnel employed by the Court; and (f) Any expert retained for the purpose of assisting counsel in trial preparation. Any person who accesses confidential information shall be provided a copy of this Order and shall be advised of this Order prior to disclosure.

         4. Restrictions on Use and Dissemination of Designated Information

         All information produced by a party in the course of this litigation and designated as CONFIDENTIAL shall be used by the receiving party solely for the purpose of this litigation. Any person receiving information designated as CONFIDENTIAL pursuant to the provisions of this Order shall be advised of this Order. Nothing in this paragraph shall have any impact on Plaintiffs right to retain and to utilize the medical records of Rebecca Louise Duke.

         5. Certain Information Not ...


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