Before requesting entry of a confidentiality order to preserve the confidentiality of materials disclosed in discovery, counsel shall carefully review Federal Rule of Civil Procedure 26(c), which requires that the movant has in good faith conferred or attempted to confer with other affected parties in an effort to resolve the dispute without court action.

For agreed confidentiality orders in civil cases, to the extent possible, counsel should use the Model Confidentiality Order developed by the Northern District of Illinois.  Any proposed agreed confidentiality order must be provided to Judge Schneider’s proposed order inbox in Word format.  A corresponding motion for a confidentiality order should also be filed on the docket, unless the Court has given prior leave to submit a confidentiality order without a motion.

If the proposed agreed confidentiality order differs from the model, in addition to a clean Word version of the revised model order, counsel must provide a redlined copy showing any changes.  The clean and redlined copies of the confidentiality order shall be submitted to Judge Schneider’s proposed order inbox:  Proposed_Order_Schneider@ilnd.uscourts.gov.  If the confidentiality order anticipates that any documents or confidential materials submitted to the court are to be filed under seal, the confidentiality order must include, at a minimum a carefully-drafted definition of the materials to be protected, with an explanation of why these documents are entitled to protection.  No document shall be filed under seal unless counsel secures a court order allowing the filing of a document under seal.  See Local Rule 5.8.

Use of Medical Records in Litigation.  The Court reminds counsel that the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its regulations create a procedure for obtaining authority to use medical records in litigation, including requesting a qualified protective order. 45 C.F.R. § 164.512(e).  A “qualified protective order” means an order that: (1) prohibits the parties from using or disclosing the protected health information for any purpose other than the litigation for which such information was requested and (2) requires the return to the covered entity or destruction of the protected health information (including all copies made) at the end of the litigation. 45 C.F.R. § 164.512(e)(1)(v).

For qualified protective orders, to the extent possible, counsel should use the Example of a HIPAA Protective Order developed by the Northern District of Illinois.  Any proposed agreed qualified protective order must be provided to Judge Schneider’s proposed order inbox in Word format.  A corresponding motion for a qualified protective order should also be filed on the docket, unless the Court has given prior leave to submit a qualified protective order without a motion.

If the proposed qualified protective order differs from the model, in addition to a clean Word version of the revised model order, counsel must provide a redlined copy showing any changes.  The clean and redlined copies of the qualified protective order shall be submitted to Judge Schneider’s proposed order inbox:  Proposed_Order_Schneider@ilnd.uscourts.gov.