Turner-Gray v. Avis Budget Group Inc. et al

OCR transcription for search; preserved printed pages are authoritative

Case 3:23-cv-05507-TSH Document150- Filed 10/15/26 Page1of3

Avia Turner-Gray

3538 Cumberland Road
East Point, GA 30344
(404) 444-6561

aviaturnergrayattyatlaw@gmail.com

Plaintiff In Pro Per
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
AVIA TURNER-GRAY, Case No. 3:23-cv-05507-TSH
Plaintiff, Judge Thomas S. Hixson
v.
AVIS BUDGET CAR RENTAL, LLC, ADDENDUM TO PROTECTIVE
JOHN DOES 1 THROUGH 50, ORDER (DKT. NO. 87): QUALIFIED
Defendants. PROTECTIVE ORDER FOR
MEDICAL AND PSYCHOLOGICAL
RECORDS

Pursuant to Section 12.1 of the Protective Order entered October 16, 2025 (Dkt. No. 87), Federal
Rule of Civil Procedure 26(c), and 45 C.F.R. § 164.512(e)(1)(v), the Protective Order is
amended to add the following Section 14. Except as provided below, the Protective Order
remains in full force and its terms apply to all material covered by this Section.

14. QUALIFIED PROTECTIVE ORDER FOR MEDICAL AND PSYCHOLOGICAL
RECORDS

14.1 Covered Records. "Covered Records" means all medical, psychological, psychiatric, and
counseling records concerning Plaintiff Avia Turner-Gray, including treatment records, billing
records, and any protected health information as defined in 45 C.F.R. § 160.103, produced or
obtained by any party in this action from any source.

14.2 Designation. All Covered Records are CONFIDENTIAL under this Protective Order. The
Producing Party shall affix the CONFIDENTIAL legend to each page of Covered Records in the
manner provided in Section 5.2(a). A Covered Record produced without the legend is
nonetheless CONFIDENTIAL, and the omission does not waive protection. Any information
copied, extracted, summarized, or derived from Covered Records carries the same designation.

14.3 Limitation on Use. Covered Records may be used or disclosed solely for the purpose of
prosecuting, defending, or settling this action and for no other purpose. 45 C.F.R. §
164.512(e)(1)(v)(A).

14.4 Scope. Absent further order of the Court or written agreement of Plaintiff, Covered Records
are limited to records dated October 1, 2020 forward, and to the conditions Plaintiff has placed in
controversy in this action.

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

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14.5 Psychotherapy Notes. "Psychotherapy Notes" has the meaning given in 45 C.F.R. §
164.501: notes recorded in any medium by a mental health professional documenting or
analyzing the contents of conversation during a private, joint, or group counseling session, and
separated from the rest of the individual's medical record. The term excludes medication
prescription and monitoring, counseling session start and stop times, the modalities and
frequencies of treatment, results of clinical tests, and any summary of diagnosis, functional
status, treatment plan, symptoms, prognosis, and progress to date. Psychotherapy Notes shall be
withheld from production and, if their production is sought, shall be submitted to the Court for in
camera review. No Psychotherapy Notes shall be produced, disclosed, or used absent an order of
the Court following that review.

14.6 Method of Production. Covered Records shall be produced by Plaintiff directly to
Defendant's Outside Counsel of Record. No Covered Record shall be requested from, transmitted
to, collected by, or held by any records-retrieval service, copy service, or other Professional
Vendor. Covered Records shall be transmitted only by encrypted electronic means or by secure
physical delivery, and shall not be transmitted by unencrypted email or by facsimile.

14.7 Access. Notwithstanding Section 7.2 of the Protective Order, Covered Records may be
disclosed only to: (a) Defendant's Outside Counsel of Record and their employees to whom
disclosure is reasonably necessary; (b) Experts retained by Defendant who have signed Exhibit A
to the Protective Order; (c) the Court and its personnel; (d) court reporters for purposes of
transcription; (e) the author, recipient, or custodian of the particular record, including the treating
provider who created it; and (f) a witness during that witness's deposition, subject to Section 14.9
and to the witness having signed Exhibit A, unless otherwise agreed by Plaintiff or ordered by
the Court. Covered Records shall not be disclosed to Defendant's officers, directors, employees,
insurers, or House Counsel except upon further order of the Court or written agreement of
Plaintiff.

14.8 Storage. Covered Records shall be stored in a secure manner that ensures access is limited
to the persons authorized in Section 14.7, and shall not be uploaded to, indexed in, or processed
by any system to which persons outside that list have access.

14.9 Depositions and Filings. Any use of Covered Records at a deposition shall be on the record
and subject to Section 5.2(b) of the Protective Order. Any filing that includes or quotes Covered
Records shall be made under seal in compliance with Civil Local Rule 79-5, subject to Section
12.3 of the Protective Order.

14.10 Return or Destruction. Within sixty days after the final disposition of this action as defined
in Section 4 of the Protective Order, each Receiving Party shall return to Plaintiff or destroy all
Covered Records and all copies, extracts, summaries, and derivatives thereof, and shall certify
that return or destruction in writing in the manner required by Section 13 of the Protective Order.
45 C.F.R. § 164.512(e)(1)(v)(B). Any archival copy that Section 13 permits counsel to retain
remains subject to this Section and to Section 4 of the Protective Order.

14.11 Subpoenas to Providers. No subpoena for Covered Records shall be served on any health
care provider unless (a) Plaintiff has been afforded the opportunity to produce the records under

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this Section and (b) the Court has found, after the parties have met and conferred, that Plaintiff's
production is deficient. Any such subpoena shall issue from this Court, shall be served on
Plaintiff with a copy at least fourteen days before service on the provider as required by Federal
Rule of Civil Procedure 45(a)(4), shall be limited in scope by Section 14.4, and shall direct
production to Defendant's Outside Counsel of Record in the manner required by Section 14.6.

14.12 Conflict. To the extent this Section conflicts with any other provision of the Protective
Order, this Section controls as to Covered Records.

IT IS SO ORDERED.

1
Dated: October 15, 2026 TAN - =

THOMAS S. HIXSON f
United States Magistrate Judge

Submitted by:

/s/ Avia Turner-Gray

Avia Turner-Gray
Plaintiff In Pro Per

Dated: September 22, 2026

Turner-Gray v. Avis [Proposed] Addendum to Protective Order 092226 Page 3