Independent Order of Foresters v. Graskewicz et al

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THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
THE INDEPENDENT ORDER OF
FORESTERS,
Plaintiff,
v.
RITA GRASKEWICZ and DONALD E.
GRASKEWICZ,
Defendants.
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Cause No. 3:25-cv-01860-GCS
STIPULATION AND HIPAA-QUALIFIED PROTECTIVE ORDER
This Stipulation and Health Insurance Portability and Accountability Act of 1996
(“HIPAA”)-Qualified Protective Order is brought pursuant to Federal Rules of Civil Procedure
29(b) and entered into by the parties, by and through their undersigned counsel, and shall govern
the designation and handling of Protected Health Information (“PHI”) in this action. The Court,
being fully advised and for good cause shown, enters the following ORDER:
Accordingly, it is hereby ORDERED:
1. 	All medical or other health records containing PHI produced by the parties to
this litigation are produced subject to this Order.
2. 	This Order also applies to any records containing PHI produced by a covered
entity, as defined by 45 C.F.R. 160.103, which has received a request or subpoena for
protected health information.
3. 	During the course of this litigation, it may be necessary for the parties or their
attorneys to disclose PHI of Decedent, John Graskewicz, as that term is defined under the
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HIPAA and the Federal Regulations promulgated pursuant to said Act. 	The disclosure of
such PHI is subject to the following conditions:
(a) 	All PHI disclosed by any of Decedent John Graskewicz’s,
healthcare providers shall be used for the sole purpose of
preparing for or conducting this litigation, including but not
limited to investigation, consultation, discovery, depositions,
trial preparation, trial, appeal, resolution, mediation, or uses
incidental to the proceeding in this case and shall not be
disclosed 	or 	revealed 	to 	anyone 	not 	authorized 	by 	this
Protective Order.
(b) 	PHI 	pursuant to this 	HIPAA Qualified Order may include
information 	related 	to 	sexually transmitted 	disease, 	genetic
testing, HIV, behavioral or mental health services, and treatment
for alcohol and drug abuse.
(c) 	PHI may be disclosed without further notice by any covered
entity or healthcare provider, party or party’s attorney, to:
(1) 	The parties themselves, 	the parties’ 	attorneys, 	experts,
consultants, any witness or other person retained or called by
the parties, treating physicians, other healthcare providers,
insurance carriers, or other entities from whom damages,
compensation, 	or 	indemnity 	is 	sought 	and 	any 	entity
performing, monitoring, or providing adjustment activities
on behalf of such insurance carrier or other entity and/or
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their employees, agents, or third party administrators for any
of the parties involved in the litigation; court reporters, copy
services, other similar vendors to the parties and their
attorneys, as well as the professional and support staff of the
above.
(2) 	The parties, and each entity governed by this Order, shall
either (a) destroy, or (b) return to the entity who originally
produced it, all protected health information, including all
copies made after completion of the litigation and any
related appeals; provided, however, that said protected
health information may be retained in the files of the
entities listed in paragraph (c)(1) above and may be
destroyed pursuant to their regular file retention policies
so long as the protected health information is maintained
in a secure environment.
SO STIPULATED.
Dated: December 18, 2025
DONALD E. GRASKEWICZ 	RITA GRASKEWICZ
By: /s/ Courtney Cox 	By: /s/ Timothy Keller
A. Courtney Cox, #6182590 	Timothy Keller
101 West Vandalia St., Ste. 300 	Illinois Bar No. 6225309
Edwardsville, IL 62025 	Roderick Throgmorton
618-659-9861 	ASCHEMANN KELLER, LLC
618-659-9862 (Fax) 	300 North Monroe Street
E-mail: ccox@sandbergphoenix.com 	Marion, Illinois 62959-2326
Telephone: (618) 998-9988
Facsimile: (618) 993-2565
E-Mail: tkeller@quitamlaw.org
rthrogmorton@quitamlaw.org
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IT IS SO ORDERED.
D	DATED:: 'HFHPEHU
*,/%(57&SISON
8QLWHG6WDWHV0DJLVWUDWH-XGJH
Digitally signed by
Judge Sison
Date: 2025.12.30
11:42:52 -06'00'
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