Court Records
Case 9:08-cv-80119-KAM Document 199 Entered on FLSD Docket 07/13/2009 Page 1 of 5
Case 9:08-cv-80119-KAM Document 185-2 Entered on FLSD Docket 07/02/2009 Page 1 of 5
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
JANE DOE NO. 2, CASE NO.: 08-CV-80119-MARRAIMI
Plaintiff,
vs.
JEFFREY EPSTEIN,
Defendant.
JANE DOE NO. 3, CASE NO.: 08-CV-80232-MARRAMME
Plaintiff,
vs.
JEFFREY EPSTEIN,
Defendant.
JANE DOE NO. 4, CASE NO.: 08-CV-80380-MARRARM
Plaintiff,
vs.
JEFFREY EPSTEIN.
Defendant.
JANE DOE NO. 5,
Plaintiff,
vs.
JEFFREY EPSTEIN,
Defendant.
CASE NO.: 08-C V-8038 I -MARRAIIIIIM
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Case 9:08-cv-80119-KAM Document 199 Entered on FLSD Docket 07/13/2009 Page 2 of 5
Case 9:08-cv-80119-KAM Document 185-2 Entered on FLSD Docket 07/02/2009 Page 2 of 5
JANE DOE NO. 6, CASE NO.: 08-CV-80994-MARRAMM.
Plaintiff,
vs.
JEFFREY EPSTEIN,
Defendant.
JANE DOE NO. 7, CASE NO.: 08- CV-80993-MARRA
Plaintiff,
vs.
JEFFREY EPSTEIN,
Defendant.
C.M.A.,
Plaintiff,
vs.
JEFFREY EPSTEIN,
Defendant.
CASE NO.: 08- CV-8081 I -MARRA...
JANE DOE, CASE NO.: 08- CV-80893-MARRAIIIIII
Plaintiff,
vs.
JEFFREY EPSTEIN, et al.,
Defendant.
DOE II, CASE NO.: 08-CV- 80469-MARRA/ORM
Plaintiff,
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Case 9:08-cv-80119-KAM Document 185-2 Entered on FLSD Docket 07/02/2009 Page 3 of 5
vs.
JEFFREY EPSTEIN et al.,
Defendant.
JANE DOE NO. 101, CASE NO.: 08- CV-8059I-MARRAa
Plaintiff,
vs.
JEFFREY EPSTEIN,
Defendant.
JANE DOE NO. 102, CASE NO.: 08- CV-80656-MARRA'
Plaintiff,
vs.
JEFFREY EPSTEIN,
Defendant.
SHIPAA QUALIFIED PROTECTIVE ORDER
THIS CAUSE having come before the Court on Joint Motion of the parties, Jane Doe No.
2, Jane Doe No. 3, Jane Doe No. 4, Jane Doe No. 5, Jane Doe No. 6, Jane Doe No. 7 and Jane
Doe No. 8 (collectively, "Plaintiffs"), and Defendant Jeffrey Epstein, for a HIPAA Qualified
Protective Order, and the Court having being duly advised in the premises, it is hereby
ORDERED AND ADJUDGED as follows:
1. General. In accordance with the requirements of the regulations promulgated
under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), specifically
45 C.F.R. §164.512 (e) (1) (ii) (B) & (v), the Court issues a IIIPAA Qualified Protective Order,
as the term is defined in the foregoing regulations, and for health information of the Plaintiffs
obtained in discovery requires that all parties be:
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a. prohibited from using or disclosing protected health information ("PHI") for any
purpose other than the litigation of the following cases: Jane Doe No. 2 v. Jeffrey
Epstein, case no. 08-CV-80119 Jane Doe No. 3 v. Jeffrey Epstein, case no. 08-CV-
80232 Jane Doe No. 4 v. Jeffrey Epstein, case no. 08-CV-80380, Jane Doe No. 5 v.
Jeffrey Epstein, case no. 08-CV-80381 Jane Doe No. 6 v. Jeffrey Epstein, case no.
08-CV-80994, Jane Doe No. 7 v. Jeffrey Epstein, case no. 08- CV-80993, and Jane
Doe No. 8 v. Jeffrey Epstein, case no. 09-CV-80802, and any other state or federal
lawsuits against Jeffrey Epstein alleging similar sexual misconduct (hereafter, the
"Lawsuits"); and
b. required to return to the disclosing entity or destroy the PHI (including all copies
made), at the conclusion of the litigation of the Lawsuits.
Based upon this HIPAA Qualified Protective Order all persons, including but not limited to
physicians and other medical providers, shall comply with, and are hereby authorized to use or
disclose PHI in response to, any and all subpoenas for records. This HIPAA Qualified Protective
Order applies to Pill received pursuant to subpoena or discovery in the Lawsuits. It further
applies to all notes, opinions and other documents of psychological experts retained by any of the
parties for purposes of the Lawsuits.
2. Depositions. In addition to the foregoing, pursuant to 45 C.F.R. §164.512 (e) (1)
(1) and for purposes of compliance with HIPAA, without waiver of any right to prepayment of
costs, fees and expenses associated with copying costs, or any other appropriate objection or
privilege that may be timely asserted, each deponent duly noticed for deposition in the above-
style litigation, including but not limited to a party, a fact witness, a records custodian, an expert,
a treater, or a health care provider of any type, is expressly and specially authorized to use or to
disclose to the attorneys, employees, agents, and designees of each party or each party's legal
counsel in this case the protected health information of a party that is responsive to deposition
questions or a valid duces tecum at such duly noticed deposition with both HIPAA regulations
and any applicable state law not pre-empted by HIPAA, the authorization and order set forth in
this paragraph expressly includes protected health information concerning psychological and
mental records.
3. Experts, Litigation Consultants, and Attorneys. This Protective Order does not
prevent disclosure of PHI to the parties' litigation experts, Plaintiffs' and Defendant's lawyers,
and consultants hired for purposes of the Lawsuits, subject to the prohibitions and requirements
of paragraph I above.
4. Judicial Proceedings. In addition to the foregoing, pursuant to 45 C.F.R.
§I64.512 (e) (1) (i) and for purposes of compliance with HIPAA, without waiver of any right to
prepayment of costs, fees, and expenses associated with copying costs, or any other appropriate
objection or privilege that may be timely asserted, all witnesses duly appearing at, or subpoenaed
for, any judicial proceeding related to this litigation, including but not limited to trial, are
specifically and expressly authorized to use and disclose the PHI of a party at such judicial
proceeding. In compliance with both HIPAA regulations and any applicable state law not pre-
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empted by HIPAA, the authorization set forth in this paragraph expressly includes protected
health information concerning psychological and mental health records.
5. Court Reporter, Photocopying & Other Service Providers. In addition to the
foregoing, pursuant to 45 C.F.R. §164.512 (e) (I) (I) and for purposes of compliance with
IIIPAA, without waiver of any right to prepayment of costs, fees and expenses associated with
copying costs, or other appropriate objection or privilege that may be timely asserted, any person
or entity authorized or ordered above to use or disclose Pill is expressly and specifically
authorized to do so with, to, or before any court reporter service, videography service, translation
service, photocopy service, document management service, records management service,
graphics service or other such litigation service, designated by a party or a party's legal counsel
in this case. The protections and requirements of paragraph No. I above specifically apply to
any such service so designated. Each party or the party's legal counsel is charged with giving
notice of the obligations imposed by this Order to any such service the party or counsel so
designates, and is further charged with obtaining advance consent of such service to comply fully
with this paragraph. Upon such consent, the service will be deemed to have voluntarily
submitted to the Court's jurisdiction during the pendency of this litigation for purposes of
enforcement of this paragraph, including but not limited to the imposition of such sanctions,
monetary or otherwise, as may be appropriate for any non-compliance.
6. Expiration. Unless a motion for enforcement of this Order has been filed in this
case and remains pending at the time, this Order shall expire upon the conclusion of the Lawsuits
by any final resolution including dismissal or by final judgment, through and including all
appellate proceedings, unless the time for commencing such proceedings has expired without an
appeal.
This Order is effective nunc pro tune as of the date of commencement of each of the Lawsuits. It
is self-executing without need of further order of the Court. A copy of this Order shall be valid
as an original.
DONE AND ORDERED this /5 day of July, 2009.
Copies furnished to:
All counsel of record.
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