Opinion
Civil No. 2:01 CV 00919 J
December 30, 2003
KEITH A. KELLY, RAY, QUINNEY NEBEKER, Salt Lake City, Utah for HealthSouth Provo Surgical Center, Salt Lake Surgical Center, and HealthSouth Surgery Center of Park City, L.P.
BENDINGER, CROCKETT, PETERSON CASEY for IHC Defendants,
RAY QUINNEY NEBEKER, Keith A. Kelly for HealthSouth, BERMAN, TOMSIC SAVAGE, for Plaintiff
ORDER
The Court, having heard the oral motion for protective order raised by HealthSouth Provo Surgical Center, Salt Lake Surgical Center, and HealthSouth Surgery Center of Park City, L.P. ("collectively HealthSouth") at the hearing held on October 29, 2003, and having heard oral argument, the Court hereby grants HealthSouth's motion to the extent that it seeks "CONFIDENTIAL-ATTORNEYS ONLY" protection for the following categories of documents and information produced by HealthSouth:
Ophthalmologists and optometrists involved in the provision of surgical care at HealthSouth's facilities in Utah.
Documents so designated may be disclosed to experts retained by a party for the purposes of this litigation only. Any experts to whom such documents are disclosed shall maintain the documents in confidence and shall restrict the use of the documents and information derived from the documents to the above-referenced litigation. Documents so designated shall not be disclosed to the parties.
The parties shall notify HealthSouth of any depositions at which documents designated pursuant to this Order may be disclosed. Any party challenging a designation pursuant to this Order shall notify HealthSouth of such challenge.
This Order is subject to later amendment by the Court for use of those documents at pre-trial or trial.
The Court DENIES in all other respects HealthSouth's Motion.