National Union Fire Insurance Company of Pittsburgh, Pa. v. Surgalign Spine Technologies, Inc.

Opinion

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK NATIONAL UNION FIRE INSURANCE ) COMPANY OF PITTSBURGH, PA., as subrogee __) and assignee of Montefiore Medical Center, ) ) Plaintiff, ) Vs. Case No. 1:22-cv-09870 (JLR) SURGALIGN SPINE TECHNOLOGIES, INC., ) formerly known as RTI SURGICAL, INC.; and ) ORGANOGENESIS, INC., formerly known as NUTECH SPINE, INC., ) Defendants. )

PRORCSEDI ORDER FOR SUPPLEMENTAL LIMITED DISCLOSURE PURSUANT TO 45 C.E.R. § 164.512(e)(1)()) This cause having come before the Court on Plaintiff and Defendants Organogenesis, Inc.’s Joint Motion for Supplemental Limited Disclosure Pursuant to 45 C.F.R. § 164.512(e)(1)G) (the “Motion”), the Court having considered the Motion and the bases for the limited disclosure requested therein. IT IS HEREBY ORDERED that the Motion is GRANTED. This Order authorizes, pursuant to 45 C.F.R. § 164.512(e)(1)q@), Plaintiff to disclose a summary of the analysis of the fraudulent charges alleged in the Complaint for the purposes of facilitating a potential early resolution to this matter without the need for any party to issue a formal discovery request.

SO ORDERED.

Dated: September 29, 2023 Kachor New York, New York JENNIFER L. ROCHON United States District Judge FURTHER ORDERED that the parties are prohibited from using or disclosing the protected health informati purpose other than this litigation, and must return or destroy the protected health information, including all at the end of this litigation. See State Farm Mut. Auto. Ins. Co. v. Accurate Med., P.C., No. 07-cv-00051 (EN 2007 U.S. Dist. LEXIS 34410 (E.D.N.Y. May 10, 2007) (permitting the production of non-parties' medical