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Seats v. Kaskaskia College Community College District #501

November 6, 2008


The opinion of the court was delivered by: Donald G. Wilkerson United States Magistrate Judge


Currently pending before the Court are the parties' Agreed Motion for Protective Order (Doc. 53) and Agreed Motion to Include Employee and Student Records from Regency Beauty Institute in Existing Agreed Protective Order (Doc. 60). Rule 26 of the Federal Rules of Civil Procedure permits litigants to seek an order to protect discoverable, yet confidential, material from public disclosure. The parties stipulate that confidential information in this case will be used only for the purposes of this litigation, and that a protective order will secure protected information from unauthorized disclosure. The Court finds that good cause exists for issuance of an order permitting limited disclosure of such information, and that entry of the proposed protective order is appropriate pursuant to Federal Rules of Civil Procedure 26(c). The Court, being fully advised and having determined that good cause exists for entry of a protective order, GRANTS the motions.


A. The following words and terms are defined as follows for purposes of this Agreed Protective Order:

1. "Parties" shall mean Rama Seats, Defendants Kaskaskia Community College and Thomas Atchison, and any additional party that this Court may subsequently recognize as subject to this protective order, and their attorneys.

2. "HIPAA" shall mean Health Insurance Portability and Accountability Act of 1996, codified primarily at 18, 26 & 42 U.S.C. (2002).

3. "Privacy Standards" shall mean the Standards for Privacy of Individually Identifiable Health Information. See 45 C.F.R. §§ 160 & 164 (2000).

4. "PHI" shall mean Protected Health Information, as that term is used in HIPAA and the Privacy Standards. "PHI" 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; and/or c) the payment for care provided to an individual, which identifies the individual or which reasonably could be expected to identify the individual.

5. When used in this Order, the word "document" or "documents" means all written, recorded or graphic matter whatsoever, produced by any party or non-party pursuant to discovery, Federal Rules of Civil Procedure 33 and 34, subpoena, or by agreement, and deposition transcripts and exhibits and/or any portion of any court filings that quote from or summarize any of the foregoing.

6. "Confidential Matter" shall mean employment, disciplinary, financial, medical, or other information that is of a sensitive or non-public nature regarding plaintiff, defendants, non-party witnesses and non-party employees or students of Kaskaskia Community College that may be subject to discovery in this action. "Confidential matter" includes, but is not limited to, personnel files, disciplinary actions, histories, files generated by the investigation of complaints of misconduct by College employees, student records, and related information such as residential information and social security numbers, that is protected by the Illinois Personnel Records Review Act (West 2004), Section 7 of the Illinois Freedom of Information Act, 5 ILCS 140/1, et seq. (West 2004), and/or the Family Education Rights and Privacy Act, 20 U.S.C. § 1232 (g). As stipulated by the parties (Doc. 60), "confidential matter" shall also include employee and student records from Regency Beauty Institute, including, but not limited to, names, addresses, telephone numbers, social security numbers, grade reports, class rankings, honors, awards, attendance records, disciplinary reports, student complaints, and completed work and/or student assignments on projects.

7. Further, this Order is intended by the parties to be applicable to, and to protect, any document or information already disclosed by any party which falls within the above definition of Confidential Matter and PHI.

B. This Order governs all discovery related to the exchange or dissemination of information or the production of documents designated as PHI and/or Confidential Matter.

1. The signatories shall be familiar with HIPAA and the Privacy Standards.

2. The signatories recognize that it may be necessary during the course of this proceeding to produce, disclose, receive, obtain, subpoena, and/or transmit PHI and/orConfidential Matter of parties and ...

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