Opinion
Civil Action No. 5:05CV95.
July 23, 2007
ORDER CONFIRMING PRONOUNCED ORDER OF THE COURT GRANTING MOTION OF NON-PARTY DAVIS MEMORIAL HOSPITAL, INC. TO QUASH SUBPOENA SERVED ON JULY 18, 2007
On July 23, 2007, this Court held a hearing on the "Motion of Non-Party Davis Memorial Hospital, Inc. to Quash Subpoena Served on July 18, 2007." As pronounced at the hearing, this Court finds that pursuant to Federal Rule of Civil Procedure 45(c)(3)(a) the subpoena served on Davis Memorial Hospital, Inc. fails to allow a reasonable period of time for compliance with the subpoena. Accordingly, this Court pronounced that the movant's motion of non-party, Davis Memorial Hospital, Inc., to quash the subpoena served on July 18, 2007 is hereby GRANTED.
Further, this Court finds that, due to the complexity of the Health Insurance Portability and Accountability Act ("HIPAA") and the lack of information the movant and parties have provided to this Court, there can be no ruling on the HIPAA issues at this time. As stated at the hearing, this Court directs that the parties, prior to the filing of any further requests for subpoena for medical records in this civil action, meet and confer to attempt to determine and resolve any compliance issues regarding HIPAA.
IT IS SO ORDERED.
The Clerk is directed to transmit a copy of this order to counsel of record herein and Brent Copenhaver.