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FRANKLIN COUNTY COMMON PLEAS
COURT
PETER TASSL et al.
Plaintiff(s), Case No. 20CV03361
Vv. Judge Michael J. Holbrook
HOMEWOOD CORPORATION, et al.
Defendant(s).
STIP TED PROTECTIVE ORDER
Pursuant to the parties’ joint request that the Court enter this Order, and their agreement
that the following limitations and restrictions should apply to documents and information produced
for inspection and copying during the course of this litigation (the “Action”), the Court hereby
ORDERS that:
1 Scope. Except as provided in Paragraph 13 below, this Protective Order (hereinafter
“Protective Order” or “Order’) shall apply to all documents or other information produced in the
course of discovery in this Action that the producing person or entity (the “Producing Entity”) has
designated as “CONFIDENTIAL — SUBJECT TO PROTECTIVE ORDER” pursuant to this
Order, including but not limited to, all initial disclosures, all responses to discovery requests, all
deposition testimony and exhibits, and all materials (including documents or testimony) produced
by non-parties in response to subpoenas issued in connection with this matter, including all copies,
excerpts, and summaries thereof (collectively the “Confidential Information”)
2. Purpose. The purpose of this Protective Order is to protect against the unnecessary
disclosure of Confidential Information
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3. Disclosure Defined. As used herein, “disclosure” or “to disclose” means to
divulge, reveal, describe, summarize, paraphrase, quote, transmit, or otherwise communicate
Confidential Information, and the restrictions contained herein regarding disclosure of
Confidential Information also apply with equal force to any copies, excerpts, analyses, or
summaries of such materials or the information contained therein, as well as to any pleadings,
briefs, exhibits, transcripts or other documents which may be prepared in connection with this
litigation which contain or refer to the Confidential Information or information contained therein.
4 Designating Material As Confidential. Any party, or any third party subpoenaed
by one of the parties, may designate as confidential and subject to this Protective Order any
documents, testimony, written responses, or other materials produced in this case if they contain
information that the Producing Entity asserts in good faith is protected from disclosure by statute
or common law, including, but not limited to, confidential personal information, medical or
psychiatric information, trade secrets, proprietary information, personnel records, or such other
sensitive commercial information that is not publicly available. Information that is publicly
available may not be designated as confidential. The designation of materials as confidential
pursuant to the terms of this Protective Order does not mean that the document or other material
has any status or protection by statute or otherwise except to the extent and for the purposes of this
Order.
5. Form and Timing of Designation.
a. Documents And Written Materials. The Producing Entity shall designate
any document or other written materials as confidential pursuant to this Order by marking
each page of the material with a stamp identifying it as “CONFIDENTIAL — SUBJECT
TO PROTECTIVE ORDER,” if practical to do so. The person or entity designating the
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material shall place the stamp, to the extent possible, in such a manner that it will not
interfere with the legibility of the document. Parties shall use their best efforts to make the
designation prior to, or at the time of, their production or disclosure. A parties’ inadvertent
failure to designate a document as “CONFIDENTIAL — SUBJECT TO PROTECTIVE
ORDER” does not constitute a waiver of the protections of this Order. If a party
inadvertently produces a document without the confidential designation that qualifies for
such a designation hereunder, the party shall promptly notify the other parties. Thereafter,
the document shall be treated as confidential, subject to another party’s right to object to
the designation under paragraph 12
b. Electronically Stored Information (“ESI”): If a production response
includes ESI, the Producing Entity shall make an effort to include within the electronic
files themselves the designation “CONFIDENTIAL — SUBJECT TO PROTECTIVE
ORDER” to the extent practicable. If that is not practicable, then the Producing Entity shall
designate in a transmittal letter or email to the party to whom the materials are produced
(the “Receiving Party”) using a reasonable identifier (e.g., the Bates range) any portions of
the ESI that should be treated as “CONFIDENTIAL — SUBJECT TO PROTECTIVE
ORDER.”
C Deposition Testimony. Deposition testimony will be deemed confidential
only if designated as such when the deposition is taken or within seven days after receipt
of the deposition transcript. Such designation must be specific as to the portions of the
transcript and/or any exhibits to be protected, except that any exhibit that has previously
been marked as “CONFIDENTIAL — SUBJECT TO PROTECTIVE ORDER” at the time
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of production, and which still bears that mark at the time of its use in a deposition, shall be
presumed to be confidential under this Order without further designation.
6. Limitation Of Use.
Except as provided in Paragraph 13 below:
a. General Protections. All information designated “Confidential” and
subject to this Protective Order, including all information derived therefrom, shall be used
by the party receiving it (the “Receiving Party”) solely for purposes of prosecuting or
defending this Action. The Receiving Party shall not use or disclose the Confidential
Information for any other purpose, including but not limited to any business, commercial,
or competitive purpose. Except as set forth in this Order, the Receiving Party shall not
disclose Confidential Information to any third party. This Order shall not prevent the
Producing Entity from using or disclosing information it has designated as Confidential
Information, and that belongs to the Producing Entity, for any purpose that the Producing
Entity deems appropriate, except that the Producing Entity’s voluntary disclosure of
Confidential Information outside the scope of this Action may impact the protection that
this Order would otherwise provide with regard to such information, once disclosed. The
Producing Entity shall give prompt notice of such voluntary disclosure to the Receiving
Party
b. Persons To Whom Confidential Information May Be Disclosed. Use of
any information, documents, or portions of documents marked “CONFIDENTIAL —
SUBJECT TO PROTECTIVE ORDER,” including all information derived therefrom,
shall be restricted solely to the following persons who agree to be bound by the terms of
this Protective Order, unless additional persons are stipulated by counsel or authorized by
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the Court
1 counsel of record for the parties, and the administrative staff of counsel's
firms;
in-house counsel for the parties, and the administrative staff for each in-
house counsel;
any party to this action who is an individual;
as to any party to this action who is not an individual, every employee,
director, officer, or manager of that party, but only to the extent necessary
to further the interest of the parties in this litigation;
independent consultants or expert witnesses (including partners, associates
and employees of the firm which employs such consultant or expert)
retained by a party or its attorneys for purposes of this litigation, but only to
the extent necessary to further the interest of the parties in this litigation,
and only after such persons has acknowledged in writing that he or she will
honor the terms of this Order;
the Court and its personnel, including, but not limited to, stenographic
reporters or videographers regularly employed by the Court and
stenographic reporters or videographers not regularly employed by the
Court who are engaged by the Court or the parties during the litigation of
this Action;
the authors and the original recipients of the documents;
representatives of the parties’ insurers;
employees of copy services, microfilming or database services, trial support
firms, and/or translators who are engaged by the parties during the litigation
of this action;
10. interviewees, potential witnesses, deponents, hearing or trial witnesses, and
any other person, where counsel for a party to this action in good faith
determines the individual should be provided access to such information in
order for counsel to more effectively prosecute or defend this Action (as
long as the disclosure occurs in the presence of counsel, and copies,
duplicates, images, or the like are not removed or retained by any
interviewee, potential witness, deponent, or hearing or trial witness),
provided, however, that in all such cases the individual to whom disclosure
is to be made has been informed that the information contained in the
disclosed document(s) is confidential and protected by Court Order, that the
individual understands that he/she is prohibited from disclosing any
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information contained in the document(s) to anyone; or
11 any other person agreed to in writing by the parties
Prior to being shown any documents produced by another party marked “CONFIDENTIAL —
SUBJECT TO PROTECTIVE ORDER,” any person listed under paragraph 6(b)(3), 6(b)(4), or
6(b)(11) shall be advised that the confidential information is being disclosed pursuant to and
subject to the terms of this Protective Order.
7, Inadvertent Production. Inadvertent production of any document or information
that is or may be subject to a claim of privilege and/or with the designation of “CONFIDENTIAL
— SUBJECT TO PROTECTIVE ORDER” shall be governed as follows:
a. the production of documents or electronically stored information (“ESI”)
(including, without limitation, metadata) subject to a legally recognized claim of
privilege or other protection from production or other disclosure (collectively,
“Protected Information”), including without limitation the attorney-client privilege
and work-product doctrine, shall in no way constitute the voluntary disclosure of
such Protected Information;
the production of Protected Information shall not result in the waiver of any
privilege or protection associated with such Protected Information as to the
receiving party, or any third parties, and shall not result in any waiver of protection,
including subject matter waiver, of any kind;
if any document or ESI (including, without limitation, metadata) received by a party
is on its face clearly subject to a legally recognizable privilege, immunity, or other
right not to produce such information, the Receiving Party will promptly notify the
Producing Entity in writing that it has discovered Protected Information, identify
the Protected Information by Bates Number range, and return or sequester such
Protected Information until the Producing Entity confirms whether it does indeed
assert any privilege protecting this information. Once the Producing Entity asserts
privilege over such Protected Information (as described in Subparagraph (e)
below), the Receiving Party will return, sequester, or destroy all copies of such
Protected Information, along with any notes, abstracts or compilations of the
content thereof, within ten (10) business days of notice from the Producing Entity;
upon the request of the Producing Entity, the Receiving Party will promptly
disclose the names of any individuals who have read or have had access to the
Protected Information;
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if the Producing Entity intends to assert a claim of privilege or other protection over
Protected Information identified by the receiving party, the Producing Entity will,
within ten (10) business days of receiving the Receiving Party’s written
notification, inform the Receiving Party of such intention in writing and shall
provide the Receiving Party with a log for such Protected Information that is
consistent with the requirements of the Ohio Rules of Civil Procedure, setting forth
the basis for the claim of privilege, immunity or basis for non-disclosure, and in the
event, if any portion of the Protected Information does not contain privileged or
protected information, the Producing Entity shall also provide to the Receiving
Party a redacted copy of the Protected Information that omits the information that
the Producing Entity believes is subject to a claim of privilege, immunity or other
protection;
if, during the course of the litigation, a party determines it has produced Protected
Information, the Producing Entity may notify the Receiving Party of such
production in writing. The Producing Entity’s written notice must identify the
Protected Information by Bates Number range, the privilege or protection claimed,
and the basis for the assertion of the privilege and shall provide the receiving party
with a log for such Protected Information that is consistent with the requirements
of the Ohio Rules of Civil Procedure, setting forth the basis for the claim of
privilege, immunity or basis for non-disclosure, and in the event any portion of the
Protected Information does not contain privileged or protected information, the
Producing Entity shall also provide to the receiving party a redacted copy of the
Protected Information that omits the information that the Producing Entity believes
is subject to a claim of privilege, immunity or other protection. The Producing
Entity must also demand the return of the Protected Information. After receiving
such written notification, the Receiving Party must, within ten (10) business days
of receiving the written notification, return, sequester, or destroy the specified
Protected Information and any copies, along with any notes, abstracts or
compilations of the content thereof;
a Receiving Party’s return, sequestration, or destruction of such Protected
Information as provided in the Subparagraphs above will not act as a waiver of the
Receiving Party’s right to move for the production of the returned, sequestered, or
destroyed Protected Information on grounds that the Protected Information is not
in fact subject to a viable claim of privilege or other protection. However, the
Receiving Party is prohibited and estopped from arguing that the Producing
Entity’s production of the Protected Information in this matter acts as a waiver of
applicable privileges or protections, that the disclosure of the Protected Information
by the Producing Entity was not inadvertent, that the Producing Entity did not take
reasonable steps to prevent the disclosure of the Protected Information, or that the
Producing Entity did not take reasonable steps to rectify such disclosure; and
nothing contained herein is intended to or shall limit a Producing Entity’s right to
conduct a review of documents or ESI (including, without limitation, metadata), for
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relevance, responsiveness, and/or the segregation of privileged and/or protected
information before such information is produced to the Receiving Party;
prior to production to another party, all copies, electronic images, duplicates,
extracts, summaries, or descriptions (collectively “copies”) of documents marked
“CONFIDENTIAL — SUBJECT TO PROTECTIVE ORDER” under this Order, or
in any individual portion of such a document, shall be affixed with the designation
“CONFIDENTIAL — SUBJECT TO PROTECTIVE ORDER’ if it does not already
appear on the copy. All such copies shall thereafter be entitled to the protection of
this Order. The term “copies” shall not include indices, electronic databases, or lists
of documents provided these indices, electronic databases, or lists do not contain
substantial portions or images of the text of confidential documents or otherwise
disclose the substance of the confidential information contained in those
documents
8. Filing Materials Containing Information Designated Confidential. In the event
a party seeks to file with the Court any confidential information subject to protection under this
Order, that party must take appropriate action to ensure that the document receives proper
protection from public disclosure, including: (a) filing a redacted document with the consent of
the party who designated the document as confidential; (b) where appropriate (e.g., in relation to
discovery and evidentiary motions), submitting the document solely for in camera review; or
(c) when the preceding measures are inadequate, seeking permission to file the document under
seal by filing a motion for leave to file under seal.
When a party to this Order seeks to file documents which it believes may warrant sealing,
but is not the party who may be prejudiced by the document or documents becoming part of the
public record, the filing party shall provide the potentially-prejudiced party or parties, or any
potentially-prejudiced third party or parties, with written notification of its intent to file such
documents at least (7) seven days before doing so. After being provided such notice, the potentially
harmed party or parties will then have (3) three days to file with the Court a motion for sealing.
9. Attorneys Allowed To Provide Advice. Nothing in this Order shall bar or
otherwise restrict any attorney for any party from rendering advice to his or her client with respect
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to this case or from doing anything necessary to prosecute or defend this case and furthering the
interests of his or her client, except for the disclosure of the Confidential Information as proscribed
in this Order.
10. Excluding Others From Access. Whenever information designated as
"Confidential" pursuant to this Protective Order is to be discussed at a deposition, the person or
entity that designated the information as “Confidential” may exclude from the room any person,
other than persons designated in Paragraph 6 of this Order, as appropriate, for that portion of the
deposition.
11. No Voluntary Disclosure To Other Entities. The parties or anyone acting on their
behalf may not voluntarily disclose any Confidential Information to any state or federal law
enforcement or regulatory agency, or any employee thereof, except in this litigation as set forth in
Paragraph 6 of this Order or as otherwise commanded by law or provided in this Order. Nothing
in this Order shall prevent a party from providing information in its possession in response to a
valid order or subpoena from a law enforcement or regulatory agency requiring the production of
such information, except that, prior to such production, the party producing the information shall
provide as much advance notice as possible to the person or entity that designated the material as
confidential to facilitate that party’s efforts to preserve the confidentiality of the material, if
warranted.
12, Disputes As To Designations. Each party has the right to dispute the confidential
status claimed by any other party or subpoenaed person or entity in accordance with this Protective
Order. If a party believes that any documents or materials have been inappropriately designated
by another party or subpoenaed party, that party shall confer with counsel for the person or entity
that designated the documents or materials. As part of that conferral, the designating person or
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entity must assess whether redaction is a viable alternative to complete non-disclosure. If any party
challenges the “CONFIDENTIAL — SUBJECT TO PROTECTIVE ORDER” designation of any
document or information, the burden to properly maintain the designation shall, at all times, remain
with the person or entity that made the designation to show that said document or information
should remain protected. In the event of disagreement, then the designating person or entity shall
file a motion requesting that specifically identified documents, information or deposition
testimony be treated as confidential pursuant to this Order. A party that wishes to challenge a
designation hereunder is also permitted to file a motion challenging the designation after notice to
and meeting and conferring in good faith with the Producing Entity. In either case, the Producing
Entity bears the burden of demonstrating that the confidential designation is appropriate. The
parties must abide by the confidential designation until the matter is resolved by agreement of the
parties or by order of the Court.
13. Impact on other Cases. This Order applies to this Action only. Any confidential
designation in this Action shall not impact discovery proceedings or the presentation of evidence
in other cases. Documents designated as “Confidential” in this Action that were produced without
any such designation in any other cases shall not be considered confidential in those other cases
as a result of the designation in this Action.
The parties acknowledge that there are two other pending cases in the Franklin County
Court of Common Pleas related to this case, involving the same or similar issues and the same or
related parties, and the same counsel are involved in all three cases. The first is Trinka v. Trinity
Home Builders, Case No. 18 CV 2023, and the second is an insurance coverage dispute relating to
both the Trinka case and to this case, Motorists Mutual Ins. Co. v. Trinity Home Builders, Case
No. 21 CV 002708. The terms of this Order shall not apply to the use of documents or information
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in connection with the Trinka or Motorists cases. Instead, the parties agree with respect to the
Trinka and Motorists cases as follows
Documents produced in this case will not be filed or introduced in the Trinka case or the
Motorists case unless and until they are obtained in those cases through a discovery request,
subpoena or by agreement. If counsel in this case believe the documents produced here are
relevant to the Trinka case, the Motorists case, or both, then they may request the production of
those documents through discovery, service of a subpoena or by agreement.
Nothing in this Order shall preclude or prohibit counsel for any party from (i) using
knowledge gained from documents or other information produced in this case in connection with
the Trinka case or the Motorists case, or (ii) consulting or referring to documents produced in this
case in connection with the Trinka case or the Motorists case.
14, Use of Confidential Information at Trials or Hearing. Confidential information
may be used at trial or any public hearing in this Action. The use of such documents and/or
information at trial or public hearing shall not impact their prior confidential designation. Counsel
for the parties shall confer in advance of any such trial or hearing to agree on what procedures, if
any, will be implemented to protect the confidential status of such documents or information. If
the parties cannot agree on such procedures, the Court will decide the issue.
15. No Waiver Of Right To Object. This Order does not limit the right of any party
to object to the scope of discovery in the above-captioned action.
16. No Determination Of Admissibility. This Order does not constitute a
determination of the admissibility or evidentiary foundation for the documents or a waiver of any
party’s objections thereto.
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17. No Admissions. Designation by either party of information or documents as
“CONFIDENTIAL — SUBJECT TO PROTECTIVE ORDER," or failure to so designate, will not
constitute an admission that information or documents are or are not confidential or trade secrets.
Neither party may introduce into evidence in any proceeding between the parties, other than a
motion to determine whether the Protective Order covers the information or documents in dispute,
the fact that the other party designated or failed to designate information or documents as
“CONFIDENTIAL — SUBJECT TO PROTECTIVE ORDER.”
18, No Prior Judicial Determination. This Order is based on the representations and
agreements of the parties and is entered for the purpose of facilitating discovery in this Action.
Nothing in this Order shall be construed or presented as a judicial determination that any
documents or information designated as “CONFIDENTIAL — SUBJECT TO PROTECTIVE
ORDER” by counsel or the parties is in fact subject to protection under Rule 26 of the Ohio Rules
of Civil Procedure or otherwise until such time as the Court may rule on a specific document or
issue.
19, Order Subject To Modification. This Order shall be subject to modification by
the Court on its own motion or on motion of a party or any other person with standing concerning
the subject matter.
20. Parties May Consent To Disclosure. Nothing shall prevent disclosure beyond the
terms of this Order if all parties consent to such disclosure, or if the Court, after notice to all
affected parties, permits such disclosure.
21. Return Of Materials Upon Termination Of Litigation. Upon the written request
and expense of the Producing Entity, within 30 days after the entry of a final judgment no longer
subject to appeal on the merits of this case, or the execution of any agreement between the parties
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to resolve amicably and settle this case, the parties and any person authorized by this Protective
Order to receive confidential information shall return to the Producing Entity, or destroy, all
information and documents subject to this Protective Order, unless the specific document or
information has been offered into evidence or filed without restriction as to disclosure. The party
requesting the return of materials shall pay the reasonable costs of responding to its request. The
party returning or destroying the documents or other information shall certify that it has not
maintained any copies of confidential information, except as permitted by this Order.
22. Counsel Allowed To Retain Copy Of Filings. Nothing in this Protective Order
shall prevent outside counsel for a party from maintaining in its files a copy of any filings in the
Action, including any such filings that incorporate or attach information designated as
“CONFIDENTIAL — SUBJECT TO PROTECTIVE ORDER.” Moreover, an attorney may use his
or her work product in subsequent litigation provided that such use does not disclose any
information or documents designated in this matter as “CONFIDENTIAL — SUBJECT TO
PROTECTIVE ORDER.”
SO ORDERED.
Dated
Judge Holbrook
Submitted and Approved by:
/s/ Robert Huff Miller /s/ Douglas J Schockman
Attorney for Plaintiff Attorney for Defendants
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Franklin County Court of Common Pleas
Date: 10-20-2023
Case Title: PETER TASSI ET AL -VS- HOMEWOOD CORPORATION ET AL
Case Number: 20CV003361
Type: AGREED ORDER
It Is So Ordered.
Dub ape
/s/ Judge Michael J. Holbrook
Electronically signed on 2023-Oct-20 page 14 of 14
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Court Disposition
Case Number: 20CV003361
Case Style: PETER TASSI ET AL -VS- HOMEWOOD
CORPORATION ET AL
Motion Tie Off Information:
1. Motion CMS Document Id: 20CV0033612023-10-1999980000
Document Title: 10-19-2023-MOTION FOR PROTECTIVE ORDER
- DEFENDANT: HOMEWOOD CORPORATION
Disposition: MOTION GRANTED
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 20 2:23 PM-20CV003361 0G588 - M6 FRANKLIN COUNTY COMMON PLEAS COURT PETER TASSL et al. Plaintiff(s), Case No. 20CV03361 Vv. Judge Michael J. Holbrook HOMEWOOD CORPORATION, et al. Defendant(s). STIP TED PROTECTIVE ORDER Pursuant to the parties’ joint request that the Court enter this Order, and their agreement that the following limitations and restrictions should apply to documents and information produced for inspection and copying during the course of this litigation (the “Action”), the Court hereby ORDERS that: 1 Scope. Except as provided in Paragraph 13 below, this Protective Order (hereinafter “Protective Order” or “Order’) shall apply to all documents or other information produced in the course of discovery in this Action that the producing person or entity (the “Producing Entity”) has designated as “CONFIDENTIAL — SUBJECT TO PROTECTIVE ORDER” pursuant to this Order, including but not limited to, all initial disclosures, all responses to discovery requests, all deposition testimony and exhibits, and all materials (including documents or testimony) produced by non-parties in response to subpoenas issued in connection with this matter, including all copies, excerpts, and summaries thereof (collectively the “Confidential Information”) 2. Purpose. The purpose of this Protective Order is to protect against the unnecessary disclosure of Confidential Information Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 20 2:23 PM-20CV003361 0G588 - M70 3. Disclosure Defined. As used herein, “disclosure” or “to disclose” means to divulge, reveal, describe, summarize, paraphrase, quote, transmit, or otherwise communicate Confidential Information, and the restrictions contained herein regarding disclosure of Confidential Information also apply with equal force to any copies, excerpts, analyses, or summaries of such materials or the information contained therein, as well as to any pleadings, briefs, exhibits, transcripts or other documents which may be prepared in connection with this litigation which contain or refer to the Confidential Information or information contained therein. 4 Designating Material As Confidential. Any party, or any third party subpoenaed by one of the parties, may designate as confidential and subject to this Protective Order any documents, testimony, written responses, or other materials produced in this case if they contain information that the Producing Entity asserts in good faith is protected from disclosure by statute or common law, including, but not limited to, confidential personal information, medical or psychiatric information, trade secrets, proprietary information, personnel records, or such other sensitive commercial information that is not publicly available. Information that is publicly available may not be designated as confidential. The designation of materials as confidential pursuant to the terms of this Protective Order does not mean that the document or other material has any status or protection by statute or otherwise except to the extent and for the purposes of this Order. 5. Form and Timing of Designation. a. Documents And Written Materials. The Producing Entity shall designate any document or other written materials as confidential pursuant to this Order by marking each page of the material with a stamp identifying it as “CONFIDENTIAL — SUBJECT TO PROTECTIVE ORDER,” if practical to do so. The person or entity designating the Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 20 2:23 PM-20CV003361 0G588 - M71 material shall place the stamp, to the extent possible, in such a manner that it will not interfere with the legibility of the document. Parties shall use their best efforts to make the designation prior to, or at the time of, their production or disclosure. A parties’ inadvertent failure to designate a document as “CONFIDENTIAL — SUBJECT TO PROTECTIVE ORDER” does not constitute a waiver of the protections of this Order. If a party inadvertently produces a document without the confidential designation that qualifies for such a designation hereunder, the party shall promptly notify the other parties. Thereafter, the document shall be treated as confidential, subject to another party’s right to object to the designation under paragraph 12 b. Electronically Stored Information (“ESI”): If a production response includes ESI, the Producing Entity shall make an effort to include within the electronic files themselves the designation “CONFIDENTIAL — SUBJECT TO PROTECTIVE ORDER” to the extent practicable. If that is not practicable, then the Producing Entity shall designate in a transmittal letter or email to the party to whom the materials are produced (the “Receiving Party”) using a reasonable identifier (e.g., the Bates range) any portions of the ESI that should be treated as “CONFIDENTIAL — SUBJECT TO PROTECTIVE ORDER.” C Deposition Testimony. Deposition testimony will be deemed confidential only if designated as such when the deposition is taken or within seven days after receipt of the deposition transcript. Such designation must be specific as to the portions of the transcript and/or any exhibits to be protected, except that any exhibit that has previously been marked as “CONFIDENTIAL — SUBJECT TO PROTECTIVE ORDER” at the time Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 20 2:23 PM-20CV003361 0G588 - M72 of production, and which still bears that mark at the time of its use in a deposition, shall be presumed to be confidential under this Order without further designation. 6. Limitation Of Use. Except as provided in Paragraph 13 below: a. General Protections. All information designated “Confidential” and subject to this Protective Order, including all information derived therefrom, shall be used by the party receiving it (the “Receiving Party”) solely for purposes of prosecuting or defending this Action. The Receiving Party shall not use or disclose the Confidential Information for any other purpose, including but not limited to any business, commercial, or competitive purpose. Except as set forth in this Order, the Receiving Party shall not disclose Confidential Information to any third party. This Order shall not prevent the Producing Entity from using or disclosing information it has designated as Confidential Information, and that belongs to the Producing Entity, for any purpose that the Producing Entity deems appropriate, except that the Producing Entity’s voluntary disclosure of Confidential Information outside the scope of this Action may impact the protection that this Order would otherwise provide with regard to such information, once disclosed. The Producing Entity shall give prompt notice of such voluntary disclosure to the Receiving Party b. Persons To Whom Confidential Information May Be Disclosed. Use of any information, documents, or portions of documents marked “CONFIDENTIAL — SUBJECT TO PROTECTIVE ORDER,” including all information derived therefrom, shall be restricted solely to the following persons who agree to be bound by the terms of this Protective Order, unless additional persons are stipulated by counsel or authorized by Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 20 2:23 PM-20CV003361 0G588 - M7 the Court 1 counsel of record for the parties, and the administrative staff of counsel's firms; in-house counsel for the parties, and the administrative staff for each in- house counsel; any party to this action who is an individual; as to any party to this action who is not an individual, every employee, director, officer, or manager of that party, but only to the extent necessary to further the interest of the parties in this litigation; independent consultants or expert witnesses (including partners, associates and employees of the firm which employs such consultant or expert) retained by a party or its attorneys for purposes of this litigation, but only to the extent necessary to further the interest of the parties in this litigation, and only after such persons has acknowledged in writing that he or she will honor the terms of this Order; the Court and its personnel, including, but not limited to, stenographic reporters or videographers regularly employed by the Court and stenographic reporters or videographers not regularly employed by the Court who are engaged by the Court or the parties during the litigation of this Action; the authors and the original recipients of the documents; representatives of the parties’ insurers; employees of copy services, microfilming or database services, trial support firms, and/or translators who are engaged by the parties during the litigation of this action; 10. interviewees, potential witnesses, deponents, hearing or trial witnesses, and any other person, where counsel for a party to this action in good faith determines the individual should be provided access to such information in order for counsel to more effectively prosecute or defend this Action (as long as the disclosure occurs in the presence of counsel, and copies, duplicates, images, or the like are not removed or retained by any interviewee, potential witness, deponent, or hearing or trial witness), provided, however, that in all such cases the individual to whom disclosure is to be made has been informed that the information contained in the disclosed document(s) is confidential and protected by Court Order, that the individual understands that he/she is prohibited from disclosing any Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 20 2:23 PM-20CV003361 0G588 - M74 information contained in the document(s) to anyone; or 11 any other person agreed to in writing by the parties Prior to being shown any documents produced by another party marked “CONFIDENTIAL — SUBJECT TO PROTECTIVE ORDER,” any person listed under paragraph 6(b)(3), 6(b)(4), or 6(b)(11) shall be advised that the confidential information is being disclosed pursuant to and subject to the terms of this Protective Order. 7, Inadvertent Production. Inadvertent production of any document or information that is or may be subject to a claim of privilege and/or with the designation of “CONFIDENTIAL — SUBJECT TO PROTECTIVE ORDER” shall be governed as follows: a. the production of documents or electronically stored information (“ESI”) (including, without limitation, metadata) subject to a legally recognized claim of privilege or other protection from production or other disclosure (collectively, “Protected Information”), including without limitation the attorney-client privilege and work-product doctrine, shall in no way constitute the voluntary disclosure of such Protected Information; the production of Protected Information shall not result in the waiver of any privilege or protection associated with such Protected Information as to the receiving party, or any third parties, and shall not result in any waiver of protection, including subject matter waiver, of any kind; if any document or ESI (including, without limitation, metadata) received by a party is on its face clearly subject to a legally recognizable privilege, immunity, or other right not to produce such information, the Receiving Party will promptly notify the Producing Entity in writing that it has discovered Protected Information, identify the Protected Information by Bates Number range, and return or sequester such Protected Information until the Producing Entity confirms whether it does indeed assert any privilege protecting this information. Once the Producing Entity asserts privilege over such Protected Information (as described in Subparagraph (e) below), the Receiving Party will return, sequester, or destroy all copies of such Protected Information, along with any notes, abstracts or compilations of the content thereof, within ten (10) business days of notice from the Producing Entity; upon the request of the Producing Entity, the Receiving Party will promptly disclose the names of any individuals who have read or have had access to the Protected Information; Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 20 2:23 PM-20CV003361 0G588 - M7 if the Producing Entity intends to assert a claim of privilege or other protection over Protected Information identified by the receiving party, the Producing Entity will, within ten (10) business days of receiving the Receiving Party’s written notification, inform the Receiving Party of such intention in writing and shall provide the Receiving Party with a log for such Protected Information that is consistent with the requirements of the Ohio Rules of Civil Procedure, setting forth the basis for the claim of privilege, immunity or basis for non-disclosure, and in the event, if any portion of the Protected Information does not contain privileged or protected information, the Producing Entity shall also provide to the Receiving Party a redacted copy of the Protected Information that omits the information that the Producing Entity believes is subject to a claim of privilege, immunity or other protection; if, during the course of the litigation, a party determines it has produced Protected Information, the Producing Entity may notify the Receiving Party of such production in writing. The Producing Entity’s written notice must identify the Protected Information by Bates Number range, the privilege or protection claimed, and the basis for the assertion of the privilege and shall provide the receiving party with a log for such Protected Information that is consistent with the requirements of the Ohio Rules of Civil Procedure, setting forth the basis for the claim of privilege, immunity or basis for non-disclosure, and in the event any portion of the Protected Information does not contain privileged or protected information, the Producing Entity shall also provide to the receiving party a redacted copy of the Protected Information that omits the information that the Producing Entity believes is subject to a claim of privilege, immunity or other protection. The Producing Entity must also demand the return of the Protected Information. After receiving such written notification, the Receiving Party must, within ten (10) business days of receiving the written notification, return, sequester, or destroy the specified Protected Information and any copies, along with any notes, abstracts or compilations of the content thereof; a Receiving Party’s return, sequestration, or destruction of such Protected Information as provided in the Subparagraphs above will not act as a waiver of the Receiving Party’s right to move for the production of the returned, sequestered, or destroyed Protected Information on grounds that the Protected Information is not in fact subject to a viable claim of privilege or other protection. However, the Receiving Party is prohibited and estopped from arguing that the Producing Entity’s production of the Protected Information in this matter acts as a waiver of applicable privileges or protections, that the disclosure of the Protected Information by the Producing Entity was not inadvertent, that the Producing Entity did not take reasonable steps to prevent the disclosure of the Protected Information, or that the Producing Entity did not take reasonable steps to rectify such disclosure; and nothing contained herein is intended to or shall limit a Producing Entity’s right to conduct a review of documents or ESI (including, without limitation, metadata), for Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 20 2:23 PM-20CV003361 0G588 - M7 relevance, responsiveness, and/or the segregation of privileged and/or protected information before such information is produced to the Receiving Party; prior to production to another party, all copies, electronic images, duplicates, extracts, summaries, or descriptions (collectively “copies”) of documents marked “CONFIDENTIAL — SUBJECT TO PROTECTIVE ORDER” under this Order, or in any individual portion of such a document, shall be affixed with the designation “CONFIDENTIAL — SUBJECT TO PROTECTIVE ORDER’ if it does not already appear on the copy. All such copies shall thereafter be entitled to the protection of this Order. The term “copies” shall not include indices, electronic databases, or lists of documents provided these indices, electronic databases, or lists do not contain substantial portions or images of the text of confidential documents or otherwise disclose the substance of the confidential information contained in those documents 8. Filing Materials Containing Information Designated Confidential. In the event a party seeks to file with the Court any confidential information subject to protection under this Order, that party must take appropriate action to ensure that the document receives proper protection from public disclosure, including: (a) filing a redacted document with the consent of the party who designated the document as confidential; (b) where appropriate (e.g., in relation to discovery and evidentiary motions), submitting the document solely for in camera review; or (c) when the preceding measures are inadequate, seeking permission to file the document under seal by filing a motion for leave to file under seal. When a party to this Order seeks to file documents which it believes may warrant sealing, but is not the party who may be prejudiced by the document or documents becoming part of the public record, the filing party shall provide the potentially-prejudiced party or parties, or any potentially-prejudiced third party or parties, with written notification of its intent to file such documents at least (7) seven days before doing so. After being provided such notice, the potentially harmed party or parties will then have (3) three days to file with the Court a motion for sealing. 9. Attorneys Allowed To Provide Advice. Nothing in this Order shall bar or otherwise restrict any attorney for any party from rendering advice to his or her client with respect Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 20 2:23 PM-20CV003361 0G588 - M77 to this case or from doing anything necessary to prosecute or defend this case and furthering the interests of his or her client, except for the disclosure of the Confidential Information as proscribed in this Order. 10. Excluding Others From Access. Whenever information designated as "Confidential" pursuant to this Protective Order is to be discussed at a deposition, the person or entity that designated the information as “Confidential” may exclude from the room any person, other than persons designated in Paragraph 6 of this Order, as appropriate, for that portion of the deposition. 11. No Voluntary Disclosure To Other Entities. The parties or anyone acting on their behalf may not voluntarily disclose any Confidential Information to any state or federal law enforcement or regulatory agency, or any employee thereof, except in this litigation as set forth in Paragraph 6 of this Order or as otherwise commanded by law or provided in this Order. Nothing in this Order shall prevent a party from providing information in its possession in response to a valid order or subpoena from a law enforcement or regulatory agency requiring the production of such information, except that, prior to such production, the party producing the information shall provide as much advance notice as possible to the person or entity that designated the material as confidential to facilitate that party’s efforts to preserve the confidentiality of the material, if warranted. 12, Disputes As To Designations. Each party has the right to dispute the confidential status claimed by any other party or subpoenaed person or entity in accordance with this Protective Order. If a party believes that any documents or materials have been inappropriately designated by another party or subpoenaed party, that party shall confer with counsel for the person or entity that designated the documents or materials. As part of that conferral, the designating person or Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 20 2:23 PM-20CV003361 0G588 - M78 entity must assess whether redaction is a viable alternative to complete non-disclosure. If any party challenges the “CONFIDENTIAL — SUBJECT TO PROTECTIVE ORDER” designation of any document or information, the burden to properly maintain the designation shall, at all times, remain with the person or entity that made the designation to show that said document or information should remain protected. In the event of disagreement, then the designating person or entity shall file a motion requesting that specifically identified documents, information or deposition testimony be treated as confidential pursuant to this Order. A party that wishes to challenge a designation hereunder is also permitted to file a motion challenging the designation after notice to and meeting and conferring in good faith with the Producing Entity. In either case, the Producing Entity bears the burden of demonstrating that the confidential designation is appropriate. The parties must abide by the confidential designation until the matter is resolved by agreement of the parties or by order of the Court. 13. Impact on other Cases. This Order applies to this Action only. Any confidential designation in this Action shall not impact discovery proceedings or the presentation of evidence in other cases. Documents designated as “Confidential” in this Action that were produced without any such designation in any other cases shall not be considered confidential in those other cases as a result of the designation in this Action. The parties acknowledge that there are two other pending cases in the Franklin County Court of Common Pleas related to this case, involving the same or similar issues and the same or related parties, and the same counsel are involved in all three cases. The first is Trinka v. Trinity Home Builders, Case No. 18 CV 2023, and the second is an insurance coverage dispute relating to both the Trinka case and to this case, Motorists Mutual Ins. Co. v. Trinity Home Builders, Case No. 21 CV 002708. The terms of this Order shall not apply to the use of documents or information 10 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 20 2:23 PM-20CV003361 0G588 - M7 in connection with the Trinka or Motorists cases. Instead, the parties agree with respect to the Trinka and Motorists cases as follows Documents produced in this case will not be filed or introduced in the Trinka case or the Motorists case unless and until they are obtained in those cases through a discovery request, subpoena or by agreement. If counsel in this case believe the documents produced here are relevant to the Trinka case, the Motorists case, or both, then they may request the production of those documents through discovery, service of a subpoena or by agreement. Nothing in this Order shall preclude or prohibit counsel for any party from (i) using knowledge gained from documents or other information produced in this case in connection with the Trinka case or the Motorists case, or (ii) consulting or referring to documents produced in this case in connection with the Trinka case or the Motorists case. 14, Use of Confidential Information at Trials or Hearing. Confidential information may be used at trial or any public hearing in this Action. The use of such documents and/or information at trial or public hearing shall not impact their prior confidential designation. Counsel for the parties shall confer in advance of any such trial or hearing to agree on what procedures, if any, will be implemented to protect the confidential status of such documents or information. If the parties cannot agree on such procedures, the Court will decide the issue. 15. No Waiver Of Right To Object. This Order does not limit the right of any party to object to the scope of discovery in the above-captioned action. 16. No Determination Of Admissibility. This Order does not constitute a determination of the admissibility or evidentiary foundation for the documents or a waiver of any party’s objections thereto. 11 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 20 2:23 PM-20CV003361 0G588 - M80 17. No Admissions. Designation by either party of information or documents as “CONFIDENTIAL — SUBJECT TO PROTECTIVE ORDER," or failure to so designate, will not constitute an admission that information or documents are or are not confidential or trade secrets. Neither party may introduce into evidence in any proceeding between the parties, other than a motion to determine whether the Protective Order covers the information or documents in dispute, the fact that the other party designated or failed to designate information or documents as “CONFIDENTIAL — SUBJECT TO PROTECTIVE ORDER.” 18, No Prior Judicial Determination. This Order is based on the representations and agreements of the parties and is entered for the purpose of facilitating discovery in this Action. Nothing in this Order shall be construed or presented as a judicial determination that any documents or information designated as “CONFIDENTIAL — SUBJECT TO PROTECTIVE ORDER” by counsel or the parties is in fact subject to protection under Rule 26 of the Ohio Rules of Civil Procedure or otherwise until such time as the Court may rule on a specific document or issue. 19, Order Subject To Modification. This Order shall be subject to modification by the Court on its own motion or on motion of a party or any other person with standing concerning the subject matter. 20. Parties May Consent To Disclosure. Nothing shall prevent disclosure beyond the terms of this Order if all parties consent to such disclosure, or if the Court, after notice to all affected parties, permits such disclosure. 21. Return Of Materials Upon Termination Of Litigation. Upon the written request and expense of the Producing Entity, within 30 days after the entry of a final judgment no longer subject to appeal on the merits of this case, or the execution of any agreement between the parties 12 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 20 2:23 PM-20CV003361 0G588 - M81 to resolve amicably and settle this case, the parties and any person authorized by this Protective Order to receive confidential information shall return to the Producing Entity, or destroy, all information and documents subject to this Protective Order, unless the specific document or information has been offered into evidence or filed without restriction as to disclosure. The party requesting the return of materials shall pay the reasonable costs of responding to its request. The party returning or destroying the documents or other information shall certify that it has not maintained any copies of confidential information, except as permitted by this Order. 22. Counsel Allowed To Retain Copy Of Filings. Nothing in this Protective Order shall prevent outside counsel for a party from maintaining in its files a copy of any filings in the Action, including any such filings that incorporate or attach information designated as “CONFIDENTIAL — SUBJECT TO PROTECTIVE ORDER.” Moreover, an attorney may use his or her work product in subsequent litigation provided that such use does not disclose any information or documents designated in this matter as “CONFIDENTIAL — SUBJECT TO PROTECTIVE ORDER.” SO ORDERED. Dated Judge Holbrook Submitted and Approved by: /s/ Robert Huff Miller /s/ Douglas J Schockman Attorney for Plaintiff Attorney for Defendants 13 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 20 2:23 PM-20CV003361 0G588 - M82 Franklin County Court of Common Pleas Date: 10-20-2023 Case Title: PETER TASSI ET AL -VS- HOMEWOOD CORPORATION ET AL Case Number: 20CV003361 Type: AGREED ORDER It Is So Ordered. Dub ape /s/ Judge Michael J. Holbrook Electronically signed on 2023-Oct-20 page 14 of 14 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 20 2:23 PM-20CV003361 0G588 - M8 Court Disposition Case Number: 20CV003361 Case Style: PETER TASSI ET AL -VS- HOMEWOOD CORPORATION ET AL Motion Tie Off Information: 1. Motion CMS Document Id: 20CV0033612023-10-1999980000 Document Title: 10-19-2023-MOTION FOR PROTECTIVE ORDER - DEFENDANT: HOMEWOOD CORPORATION Disposition: MOTION GRANTED