All counsel requesting entry of an order to preserve the confidentiality of materials disclosed in discovery must base the proposed order on the Model Confidentiality Order contained in the Local Rules (Form LR 26.2).

Parties who request entry of an agreed confidentiality order should do so via Judge Rowland's proposed order inbox. If the parties do not agree on the proposed order and have complied with LR 37.2, a motion should be filed and noticed for presentment, and the proposed order should be attached as an exhibit.

Any changes to the model order that the parties propose must be shown by redlining that indicates both the deletions and additions to the model text. For the redlined version, counsel should also include brief comments with any proposed changes explaining why the changes are sought. Counsel shall email copies of the redlined version and the clean Word version of the proposed order to the Court’s proposed order inbox (Proposed_Order_Rowland@ilnd.uscourts.gov), with CC to counsel for all parties. The subject line of the e-mail must include the case number and name and the title of the proposed confidentiality/protective order.

The Court will determine the appropriateness of any proposed order on a case by case basis. In addition, parties are reminded to review Local Rules 5.7, 5.8, and 26.2 regarding filing of documents under seal.

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.  See 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). Sample HIPAA Order