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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 23 12:04 PM-23CV003586
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IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
Philip Marsh, ) CASE NO. 23 CV 003586
)
Plaintiff, ) HONORABLE JUDGE JULIE LYNCH
)
vs.
) JOINT STIPULATED PROTECTIVE
Mercedes-Benz USA, LLC, et al., ORDER
Defendants. )
WHEREAS, on May 19, 2023, Plaintiff Philip Marsh (“Plaintiff”) commenced this action
against Defendant Mercedes-Benz USA, LLC (“MBUSA”) and Defendant Crown Motor
Company, Inc. (“Crown”) (Plaintiff, MBUSA, and Crown, each a “Party” and, collectively, the
“Parties”);
WHEREAS, the Parties have propounded discovery requests in accordance with the Ohio
Rules of Civil Procedure; and
WHEREAS, the Parties have agreed that such discovery may require the production of
certain confidential and proprietary information, and that the confidentiality of such information
should be protected to the extent permitted by law;
NOW THEREFORE, in consideration of providing such confidential information, the
Parties hereby agree and stipulate as follows:
This Order shall govern the use and disclosure in this action of all Confidential Information
(as that term is defined herein) produced by or on behalf of the Parties or any third party, or
furnished by any person associated with the Parties in any deposition, interrogatory, request for
admission, document production, or any other discovery proceeding or exchange of information
in this action.
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1 As used in this Order, “Confidential Information” means any information that is
confidential or proprietary in nature, including, without limitation, trade secrets, financial,
commercial, competitive, and/or proprietary information, personnel files, employment
information, investigative files, other information used by a Party in or pertaining to its business
that the Party treats as proprietary and/or confidential or that the Party is otherwise required to
keep proprietary and/or confidential by agreement or law, and/or any other information or tangible
thing that qualifies for protection under the standards developed under Rule 26(c) of the Ohio
Rules of Civil Procedure, provided that information has been designated as Confidential
Information in accordance with the terms of this Stipulated Protective Order. “Confidential
Information” includes all copies, extracts, excerpts, and summaries reflecting such information
“Confidential Information” does not include a “public record” pursuant to O.R.C. § 149.01 et seq.,
or information that a Party or non-party is obligated to produce under contract.
2 A Party or non-party that seeks to protect Confidential Information under this Order
shall designate the Confidential Information as either “Confidential” or “Confidential —
Attorneys’ Eyes Only” before producing such information. Parties shall only designate
information as “Confidential” or “Confidential — Attorneys’ Eyes Only” where there is a good
faith basis to believe that the information reflects Confidential Information.
3 A Party or non-party that designates information for protection under this Order
must take reasonable steps to limit any such designation to specific material that qualifies under
the appropriate standards so that other portions of the material, documents, items, or
communications for which protection is not warranted are not improperly designated and are not
swept unjustifiably within the ambit of this Order.
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4 Documents and other tangible items shall be designated as “Confidential” or
“Confidential — Attorneys’ Eyes Only” at the time the documents are produced, either by a stamp
or some other label on the document or items. Portions of deposition transcripts may be designated
as “Confidential” or “Confidential — Attorneys’ Eyes Only” on the record at the time the
testimony is given, or within seven days after the transcript is prepared, by written notice to all
Parties and recipients of the transcript. Transcripts shall be maintained as “Confidential —
Attorneys’ Eyes Only” for at least seven days after their receipt to enable a producing Party to
designate pages as “Confidential” or “Confidential — Attorneys’ Eyes Only.” If Confidential
Information is to be used at deposition or in court, the deposition room or courtroom will be closed
to all individuals except those permitted to have access to the Confidential Information as provided
in this Order.
5 No person receiving Confidential Information designated as either “Confidential”
or “Confidential — Attorneys’ Eyes Only” pursuant to the terms of this Order shall make any use
of the Confidential Information except solely for the purpose of prosecuting or defending claims
in this action, including any appeals or post decree matters. Confidential Information shall not be
used for any business, commercial or other purpose whatsoever.
6 Except upon further Order of the Court or by express written consent of counsel of
record, Confidential Information designated as “Confidential — Attorneys’ Eyes Only” may only
be disclosed to the following individuals:
a. Litigation counsel of record for the Parties to this action, including other
attorneys in that firm and paralegals, office clerks, secretaries and clerical or
support personnel employed and under the direct supervision of litigation
counsel.
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b. The Court in this action, or any other court having jurisdiction over discovery
procedures in the action, and any court reporter, videographer or typist
recording or transcribing testimony in this action, and any outside, independent
reproduction service
Consulting experts or testifying expert witnesses, their associates, assistants,
and other personnel employed directly by the experts who submit to the
jurisdiction of this Court and who acknowledge and agree to be bound by the
terms of this Order. The experts shall execute an acknowledgement
substantially in the form attached as ExhibitA to this Order before being given
access to the Confidential Information. A Party may not disclose Confidential
Information designated as “Confidential — Attorneys’ Eyes Only” to experts
unless:
It is necessary to disclose the Confidential Information to them for
purposes of this action;
i They are not Parties or affiliates of any Party; and
iii. They are not officers, directors, or employees of Parties, or affiliates of
Parties, or of competitors or vendors or customers of Parties
Attorneys employed by MBUSA in its legal department, including paralegals,
office clerks, secretaries and clerical or support personnel employed and under
the direct supervision of those attorneys, who submit to the jurisdiction of this
Court and who acknowledge and agree to be bound by the terms of this Order.
These persons shall execute an acknowledgement substantially in the form
attached as ExhibitA to this Order before being given access to the Confidential
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Information. MBUSA may only disclose Confidential Information designated
as “Confidential — Attorneys’ Eyes Only” to lawyers and staff in its legal
department if it is necessary to disclose such designated Confidential
Information to them for purposes of this action.
Attorneys employed by Crown in its legal department, including paralegals,
office clerks, secretaries and clerical or support personnel employed and under
the direct supervision of those attorneys, who submit to the jurisdiction of this
Court and who acknowledge and agree to be bound by the terms of this Order.
These persons shall execute an acknowledgement substantially in the form
attached as ExhibitA to this Order before being given access to the Confidential
Information. Crown may only disclose Confidential Information designated as
“Confidential — Attorneys’ Eyes Only” to lawyers and staff in its legal
department if it is necessary to disclose such designated Confidential
Information to them for purposes of this action.
The author, addressee or any other person identified in the document as a prior
recipient of the Confidential Information.
g. Other persons who may be specifically designated by written consent of all
attorneys of record or pursuant to Court Order.
7 Except upon further Order of the Court or by express written consent of counsel of
record, Confidential Information designated as “Confidential” may only be disclosed to the
following individuals:
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a. The persons or entities identified in Paragraph 6 of this Order who have, where
applicable, signed an acknowledgement substantially in the form attached at
Exhibit A.
The Parties and employees, officers, directors, witnesses, or consultants of a
Party to whom disclosure is required for the prosecution or defense of this
action, provided that the person to whom Confidential Information is to be
disclosed shall have executed an acknowledgement substantially in the form
attached at ExhibitA to this Order before being given access to the Confidential
Information.
The Court, Jury, and witnesses in this action, or any other court having
jurisdiction over discovery procedures in the action, and any court reporter,
videographer or typist recording or transcribing testimony in this action, and
any outside, independent reproduction service
8 The recipient of any Confidential Information that is provided pursuant to this
Order shall maintain such Confidential Information in a secure and safe area; shall exercise due
and proper care with respect to the storage, custody and use of all Confidential Information; and
shall not reveal, discuss or disclose such Confidential Information in any manner, in any form, to
any person or entity other than as provided in this Order Counsel for any party receiving
Confidential Information and disseminating same shall maintain in its files an executed
Acknowledgement of Protective Order in the form provided in Exhibit A hereto
(“Acknowledgement”) from each person to whom such Counsel disseminates Confidential
Information and from whom Counsel received an executed Acknowledgement.
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9 Unless otherwise ordered by the Court or agreed to by the Parties, all documents
and deposition transcripts containing or reflecting Confidential Information that are filed with the
Court or any appellate court shall be filed under seal
10. Within 60 days of the final termination of the action (including the exhaustion of
any appeals), each Party or non-party that has received Confidential Information under this Order
shall either return such Confidential Information to the producing Party or non-party or destroy
the Confidential Information instead of returning it, except that counsel of record shall be entitled
to retain all information and materials that constitute work product or which are otherwise
protected from disclosure by the attorney-client privilege Further, if requested by any Party, and
within 14 days of the receipt of such a request, counsel of record shall certify in writing that all
Confidential Information required to be returned has been so returned or destroyed. Materials
designated as “Confidential” or “Confidential—Attorneys’ Eyes Only” shall continue to be
protected as such even after the termination of this Action , provided that such designation has not
been or is not successfully challenged or otherwise withdrawn.
11 If any Party to this litigation disagrees with the propriety of a “Confidential” or
“Confidential — Attorneys Eyes Only” designation, such Party shall give the designating party
or entity written notice of this disagreement. The interested Parties and/or non-parties shall first
try to resolve such a dispute in good faith. In the event that the Parties and/or non-parties are
unable to resolve the dispute informally, the Party raising the objection may file a motion with the
Court for a determination of whether such information, in whatever form, actually qualifies as
“Confidential Information” under the designation of “Confidential” or “Confidential —
Attorneys Eyes Only.” Under such circumstances, the Party raising the objection must continue
to treat the information as “Confidential Information” under the appropriate designation of
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“Confidential” or “Confidential — Attorneys Eyes Only.” If a Party files a motion challenging
another Party’s or non-party’s designation of Confidential Information, the designating party or
non-party shall bear the burden of establishing that the information in question is properly
designated as “Confidential” or “Confidential — Attorneys Eyes Only” as provided in this
Order. The Parties, and non-parties seeking protection under this Order, agree to be bound by the
Court’s determination that the information in question is properly or improperly designated as
“Confidential” or “Confidential — Attorneys Eyes Only.”
12. A designation by any Party or non-party of a document or information as
“Confidential” or “Confidential — Attorneys Eyes Only” is not determinative of whether such
document is subject to discovery under the Ohio Rules of Civil Procedure or admissible in
evidence at trial. Nothing in this Order abridges the right of any Party to seek modification of this
Order by the Court.
13 Nothing contained in this Order shall be construed to restrict the use or disclosure
of Confidential Information by the Party or non-party producing that information or to prevent any
Party from interposing an objection to a request for discovery.
14. Nothing in this Order shall be deemed a waiver of any Party’s rights to object on
any grounds to the admission in evidence at the litigation of this action of any matter discovered.
15. If a non-designating party in possession of Confidential Information (“Receiving
Party”) receives a subpoena, order, or other request, including, without limitation a public records
request (“Request”), seeking production or other disclosure of Confidential Information, the
Receiving Party shall, within two (2) business days of receiving such Request or before ten (10)
days from the date a response is required under such Request, whichever is later, give written
notice to counsel for the designating party of such Request and, to the extent such Request is in
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writing, a copy of the Request to the designating party. The Receiving Party also must, within two
(2) business days of receiving such Request or before ten (10) days from the date a response is
required under such Request, whichever is later, inform in writing the party who caused the
Request to issue that some or all of the material covered by the Request is the subject of this Order
and deliver a copy of this Order to the party that caused the Request to issue. To the extent the
designating party seeks to prevent, prohibit, or otherwise limit the disclosure of Confidential
Information responsive to the Request, the designating party, within five (5) business days of
Receiving Party’s notice of Request, or within the time remaining for response under the Request,
whichever is less, must notify in writing the Receiving Party of the designating party’s intent to
prevent, prohibit, or otherwise limit the disclosure of Confidential Information responsive to the
Request. Unless the designating party, within the time remaining for response under the request,
files a motion for protective order or other motion or application with the appropriate court seeking
to protect the Confidential Information from disclosure, or obtains an extension from the
requesting party to do so, the Receiving Party may, at its discretion, produce documents and
information responsive to the Request without incurring any liability hereunder. The designating
party shall bear its own costs and expenses, including its attorneys’ fees, in seeking protection in
the appropriate court of its Confidential Information in the possession of the Receiving Party. The
designating party shall also indemnify the Receiving Party from any sanction or penalty (including
attorney’s fees that may be a part of that sanction or penalty) the Receiving Party may be required
to pay for non-compliance with a Request seeking production or other disclosure of Confidential
Information when the Receiving Party complies with the process set forth in this Section 15 and
the designating party’s efforts to prohibit, limit, or restrict the disclosure of Confidential
Information pursuant to the Request is unsuccessful, in whole or in part.
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16. Nothing in these provisions should be construed as authorizing or encouraging a
Receiving Party in this action to disobey a lawful directive from another court or administrative
body.
17. Nothing in these provisions should be construed as imposing an obligation on any
“public office” (as that term is defined in O.R.C. § 149.011), other than the obligations set forth in
paragraph 15, to withhold documents or other tangible items from disclosure, including
information (in whatever form) designated as Confidential Information under this Order, when a
request is made to the “public office” pursuant to O.R.C. § 149.01, ef seg., by any person for the
disclosure of such documents or tangible items, and the requested documents and tangible
property, in the good faith belief of the “public office”, constitute “public records” (as that term is
defined in O.R.C. § 149.01, ef seg.)
18 Nothing contained in this Order shall prejudice in any way the right of any Party to
seek, by way of consent of all Parties or by application to the Court, (i) additional protection for
specific items of Confidential Information; or (ii) relief from the provisions of this Order with
respect to specific items or categories of Confidential Information.
19. By stipulating to this Order, the Parties do not waive any applicable privileges and
reserve their right to contest any requests or subpoenas for documents, information or testimony
and to assert such applicable privileges. The inadvertent production of any privileged or otherwise
protected document, material or information should not be deemed a waiver or an impairment of
any claim of privilege or protection. In the event of an inadvertent production of any document,
material or information claimed to be protected by the attorney-client privilege, work product
doctrine, or any other applicable protection or privilege, the following procedures shall be
followed:
10
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The Party receiving documentation that on its face appears to be a privileged
or otherwise protected document will notify the other Party or non-party in
writing of the apparent inadvertent disclosure and any copies, duplications,
extracts, and summaries thereof shall be returned to the designating Party
or non-party with that notice; or,
The designating Party or non-party shall make a written demand upon the
receiving Party to return such inadvertently produced documents, material
or information and any copies, duplications, extracts, and summaries
thereof shall be returned to the designating Party or non-party within three
business days; and,
The designating Party or non-party (as well as the receiving Party if the
specified documents, material or information has not been returned) shall
maintain the specified documents, material or information for in camera
inspection by the Court should a motion to compel production or a motion
for a further protective order be filed.
20. All Parties and attorneys of record in this action and all other persons and entities
possessing or granted access to Confidential Information pursuant to this Order shall be bound by
this Order to the extent permitted by law.
21 This Court shall retain jurisdiction of all matters pertaining to this Order, and the
Parties and individuals signing the Acknowledgement of Protective Order agree to submit to the
jurisdiction of this Court for matters relating to the enforcement of this Order.
IT IS SO STIPULATED AND AGREED:
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/s/ Jeffrey T. Perry (per email authorization on /s/ Abigail R. Riffee
10/19/20) Abigail R. Riffee (0098867)
Jeffrey T. Perry BENESCH, FRIEDLANDER, COPLAN &
CAMPBELL PERRY, LLC ARONOFF LLP
7240 Muirfield Drive, Suite 120 41 South High Street, Suite 2600
Dublin, OH 43017 Columbus, Ohio 43215-6164
(614) 668-8442 Telephone: 614.223.9300
(614) 675-2210 fax Facsimile: 614.223.9330
jeff@campbellperrylaw.com Email: ariffee@beneschlaw.com
Counsel for Plaintiff Michael J. Meyer (0087953)
BENESCH, FRIEDLANDER, COPLAN &
ARONOFF LLP
200 Public Square, Suite 2300
Cleveland, OH 44114-2378
Telephone: 216.363.4500
Facsimile: 216.363.4588
Email: mmeyer@beneschlaw.com
Counsel for Defendants
Approved and entered on October _ , 2023
JUDGE JULIE LYNCH
12
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IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
Philip Marsh, ) CASE NO. 23 CV 003586
)
Plaintiff, ) HONORABLE JUDGE JULIE LYNCH
)
vs.
) JOINT STIPULATED PROTECTIVE
Mercedes-Benz USA, LLC, et al., ) ORDER
Defendants.
ACKNOWLEDGEMENT OF PROTECTIVE ORDER
hereby acknowledges that he or she has
been provided with a copy of the Joint Protective Order entered in the above captioned action; he
or she has read the Order; he or she agrees to be bound by its terms; and he or she subjects
himself or herself to jurisdiction of the Court of Common Pleas for Franklin County, Ohio for
purposes of any action to enforce the terms of the Order.
Date Signature
23351030 v1
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Franklin County Court of Common Pleas
Date: 10-23-2023
Case Title: PHILIP MARSH -VS- MERCEDES-BENZ USA LLC ET AL
Case Number: 23CV003586
Type: ORDER
It Is So Ordered.
/s/ Judge Julie M. Lynch
Electronically signed on 2023-Oct-23 page 14 of 14
Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 23 12:04 PM-23CV003586 0G591 - A5 IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO Philip Marsh, ) CASE NO. 23 CV 003586 ) Plaintiff, ) HONORABLE JUDGE JULIE LYNCH ) vs. ) JOINT STIPULATED PROTECTIVE Mercedes-Benz USA, LLC, et al., ORDER Defendants. ) WHEREAS, on May 19, 2023, Plaintiff Philip Marsh (“Plaintiff”) commenced this action against Defendant Mercedes-Benz USA, LLC (“MBUSA”) and Defendant Crown Motor Company, Inc. (“Crown”) (Plaintiff, MBUSA, and Crown, each a “Party” and, collectively, the “Parties”); WHEREAS, the Parties have propounded discovery requests in accordance with the Ohio Rules of Civil Procedure; and WHEREAS, the Parties have agreed that such discovery may require the production of certain confidential and proprietary information, and that the confidentiality of such information should be protected to the extent permitted by law; NOW THEREFORE, in consideration of providing such confidential information, the Parties hereby agree and stipulate as follows: This Order shall govern the use and disclosure in this action of all Confidential Information (as that term is defined herein) produced by or on behalf of the Parties or any third party, or furnished by any person associated with the Parties in any deposition, interrogatory, request for admission, document production, or any other discovery proceeding or exchange of information in this action. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 23 12:04 PM-23CV003586 0G591 - AS 1 As used in this Order, “Confidential Information” means any information that is confidential or proprietary in nature, including, without limitation, trade secrets, financial, commercial, competitive, and/or proprietary information, personnel files, employment information, investigative files, other information used by a Party in or pertaining to its business that the Party treats as proprietary and/or confidential or that the Party is otherwise required to keep proprietary and/or confidential by agreement or law, and/or any other information or tangible thing that qualifies for protection under the standards developed under Rule 26(c) of the Ohio Rules of Civil Procedure, provided that information has been designated as Confidential Information in accordance with the terms of this Stipulated Protective Order. “Confidential Information” includes all copies, extracts, excerpts, and summaries reflecting such information “Confidential Information” does not include a “public record” pursuant to O.R.C. § 149.01 et seq., or information that a Party or non-party is obligated to produce under contract. 2 A Party or non-party that seeks to protect Confidential Information under this Order shall designate the Confidential Information as either “Confidential” or “Confidential — Attorneys’ Eyes Only” before producing such information. Parties shall only designate information as “Confidential” or “Confidential — Attorneys’ Eyes Only” where there is a good faith basis to believe that the information reflects Confidential Information. 3 A Party or non-party that designates information for protection under this Order must take reasonable steps to limit any such designation to specific material that qualifies under the appropriate standards so that other portions of the material, documents, items, or communications for which protection is not warranted are not improperly designated and are not swept unjustifiably within the ambit of this Order. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 23 12:04 PM-23CV003586 0G591 - AS 4 Documents and other tangible items shall be designated as “Confidential” or “Confidential — Attorneys’ Eyes Only” at the time the documents are produced, either by a stamp or some other label on the document or items. Portions of deposition transcripts may be designated as “Confidential” or “Confidential — Attorneys’ Eyes Only” on the record at the time the testimony is given, or within seven days after the transcript is prepared, by written notice to all Parties and recipients of the transcript. Transcripts shall be maintained as “Confidential — Attorneys’ Eyes Only” for at least seven days after their receipt to enable a producing Party to designate pages as “Confidential” or “Confidential — Attorneys’ Eyes Only.” If Confidential Information is to be used at deposition or in court, the deposition room or courtroom will be closed to all individuals except those permitted to have access to the Confidential Information as provided in this Order. 5 No person receiving Confidential Information designated as either “Confidential” or “Confidential — Attorneys’ Eyes Only” pursuant to the terms of this Order shall make any use of the Confidential Information except solely for the purpose of prosecuting or defending claims in this action, including any appeals or post decree matters. Confidential Information shall not be used for any business, commercial or other purpose whatsoever. 6 Except upon further Order of the Court or by express written consent of counsel of record, Confidential Information designated as “Confidential — Attorneys’ Eyes Only” may only be disclosed to the following individuals: a. Litigation counsel of record for the Parties to this action, including other attorneys in that firm and paralegals, office clerks, secretaries and clerical or support personnel employed and under the direct supervision of litigation counsel. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 23 12:04 PM-23CV003586 0G591 - AS b. The Court in this action, or any other court having jurisdiction over discovery procedures in the action, and any court reporter, videographer or typist recording or transcribing testimony in this action, and any outside, independent reproduction service Consulting experts or testifying expert witnesses, their associates, assistants, and other personnel employed directly by the experts who submit to the jurisdiction of this Court and who acknowledge and agree to be bound by the terms of this Order. The experts shall execute an acknowledgement substantially in the form attached as ExhibitA to this Order before being given access to the Confidential Information. A Party may not disclose Confidential Information designated as “Confidential — Attorneys’ Eyes Only” to experts unless: It is necessary to disclose the Confidential Information to them for purposes of this action; i They are not Parties or affiliates of any Party; and iii. They are not officers, directors, or employees of Parties, or affiliates of Parties, or of competitors or vendors or customers of Parties Attorneys employed by MBUSA in its legal department, including paralegals, office clerks, secretaries and clerical or support personnel employed and under the direct supervision of those attorneys, who submit to the jurisdiction of this Court and who acknowledge and agree to be bound by the terms of this Order. These persons shall execute an acknowledgement substantially in the form attached as ExhibitA to this Order before being given access to the Confidential Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 23 12:04 PM-23CV003586 0G591 - A5 Information. MBUSA may only disclose Confidential Information designated as “Confidential — Attorneys’ Eyes Only” to lawyers and staff in its legal department if it is necessary to disclose such designated Confidential Information to them for purposes of this action. Attorneys employed by Crown in its legal department, including paralegals, office clerks, secretaries and clerical or support personnel employed and under the direct supervision of those attorneys, who submit to the jurisdiction of this Court and who acknowledge and agree to be bound by the terms of this Order. These persons shall execute an acknowledgement substantially in the form attached as ExhibitA to this Order before being given access to the Confidential Information. Crown may only disclose Confidential Information designated as “Confidential — Attorneys’ Eyes Only” to lawyers and staff in its legal department if it is necessary to disclose such designated Confidential Information to them for purposes of this action. The author, addressee or any other person identified in the document as a prior recipient of the Confidential Information. g. Other persons who may be specifically designated by written consent of all attorneys of record or pursuant to Court Order. 7 Except upon further Order of the Court or by express written consent of counsel of record, Confidential Information designated as “Confidential” may only be disclosed to the following individuals: Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 23 12:04 PM-23CV003586 0G591 - BE a. The persons or entities identified in Paragraph 6 of this Order who have, where applicable, signed an acknowledgement substantially in the form attached at Exhibit A. The Parties and employees, officers, directors, witnesses, or consultants of a Party to whom disclosure is required for the prosecution or defense of this action, provided that the person to whom Confidential Information is to be disclosed shall have executed an acknowledgement substantially in the form attached at ExhibitA to this Order before being given access to the Confidential Information. The Court, Jury, and witnesses in this action, or any other court having jurisdiction over discovery procedures in the action, and any court reporter, videographer or typist recording or transcribing testimony in this action, and any outside, independent reproduction service 8 The recipient of any Confidential Information that is provided pursuant to this Order shall maintain such Confidential Information in a secure and safe area; shall exercise due and proper care with respect to the storage, custody and use of all Confidential Information; and shall not reveal, discuss or disclose such Confidential Information in any manner, in any form, to any person or entity other than as provided in this Order Counsel for any party receiving Confidential Information and disseminating same shall maintain in its files an executed Acknowledgement of Protective Order in the form provided in Exhibit A hereto (“Acknowledgement”) from each person to whom such Counsel disseminates Confidential Information and from whom Counsel received an executed Acknowledgement. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 23 12:04 PM-23CV003586 0G591 - Aé 9 Unless otherwise ordered by the Court or agreed to by the Parties, all documents and deposition transcripts containing or reflecting Confidential Information that are filed with the Court or any appellate court shall be filed under seal 10. Within 60 days of the final termination of the action (including the exhaustion of any appeals), each Party or non-party that has received Confidential Information under this Order shall either return such Confidential Information to the producing Party or non-party or destroy the Confidential Information instead of returning it, except that counsel of record shall be entitled to retain all information and materials that constitute work product or which are otherwise protected from disclosure by the attorney-client privilege Further, if requested by any Party, and within 14 days of the receipt of such a request, counsel of record shall certify in writing that all Confidential Information required to be returned has been so returned or destroyed. Materials designated as “Confidential” or “Confidential—Attorneys’ Eyes Only” shall continue to be protected as such even after the termination of this Action , provided that such designation has not been or is not successfully challenged or otherwise withdrawn. 11 If any Party to this litigation disagrees with the propriety of a “Confidential” or “Confidential — Attorneys Eyes Only” designation, such Party shall give the designating party or entity written notice of this disagreement. The interested Parties and/or non-parties shall first try to resolve such a dispute in good faith. In the event that the Parties and/or non-parties are unable to resolve the dispute informally, the Party raising the objection may file a motion with the Court for a determination of whether such information, in whatever form, actually qualifies as “Confidential Information” under the designation of “Confidential” or “Confidential — Attorneys Eyes Only.” Under such circumstances, the Party raising the objection must continue to treat the information as “Confidential Information” under the appropriate designation of Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 23 12:04 PM-23CV003586 0G591 - A6é “Confidential” or “Confidential — Attorneys Eyes Only.” If a Party files a motion challenging another Party’s or non-party’s designation of Confidential Information, the designating party or non-party shall bear the burden of establishing that the information in question is properly designated as “Confidential” or “Confidential — Attorneys Eyes Only” as provided in this Order. The Parties, and non-parties seeking protection under this Order, agree to be bound by the Court’s determination that the information in question is properly or improperly designated as “Confidential” or “Confidential — Attorneys Eyes Only.” 12. A designation by any Party or non-party of a document or information as “Confidential” or “Confidential — Attorneys Eyes Only” is not determinative of whether such document is subject to discovery under the Ohio Rules of Civil Procedure or admissible in evidence at trial. Nothing in this Order abridges the right of any Party to seek modification of this Order by the Court. 13 Nothing contained in this Order shall be construed to restrict the use or disclosure of Confidential Information by the Party or non-party producing that information or to prevent any Party from interposing an objection to a request for discovery. 14. Nothing in this Order shall be deemed a waiver of any Party’s rights to object on any grounds to the admission in evidence at the litigation of this action of any matter discovered. 15. If a non-designating party in possession of Confidential Information (“Receiving Party”) receives a subpoena, order, or other request, including, without limitation a public records request (“Request”), seeking production or other disclosure of Confidential Information, the Receiving Party shall, within two (2) business days of receiving such Request or before ten (10) days from the date a response is required under such Request, whichever is later, give written notice to counsel for the designating party of such Request and, to the extent such Request is in Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 23 12:04 PM-23CV003586 0G591 - BE writing, a copy of the Request to the designating party. The Receiving Party also must, within two (2) business days of receiving such Request or before ten (10) days from the date a response is required under such Request, whichever is later, inform in writing the party who caused the Request to issue that some or all of the material covered by the Request is the subject of this Order and deliver a copy of this Order to the party that caused the Request to issue. To the extent the designating party seeks to prevent, prohibit, or otherwise limit the disclosure of Confidential Information responsive to the Request, the designating party, within five (5) business days of Receiving Party’s notice of Request, or within the time remaining for response under the Request, whichever is less, must notify in writing the Receiving Party of the designating party’s intent to prevent, prohibit, or otherwise limit the disclosure of Confidential Information responsive to the Request. Unless the designating party, within the time remaining for response under the request, files a motion for protective order or other motion or application with the appropriate court seeking to protect the Confidential Information from disclosure, or obtains an extension from the requesting party to do so, the Receiving Party may, at its discretion, produce documents and information responsive to the Request without incurring any liability hereunder. The designating party shall bear its own costs and expenses, including its attorneys’ fees, in seeking protection in the appropriate court of its Confidential Information in the possession of the Receiving Party. The designating party shall also indemnify the Receiving Party from any sanction or penalty (including attorney’s fees that may be a part of that sanction or penalty) the Receiving Party may be required to pay for non-compliance with a Request seeking production or other disclosure of Confidential Information when the Receiving Party complies with the process set forth in this Section 15 and the designating party’s efforts to prohibit, limit, or restrict the disclosure of Confidential Information pursuant to the Request is unsuccessful, in whole or in part. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 23 12:04 PM-23CV003586 0G591 - A6é 16. Nothing in these provisions should be construed as authorizing or encouraging a Receiving Party in this action to disobey a lawful directive from another court or administrative body. 17. Nothing in these provisions should be construed as imposing an obligation on any “public office” (as that term is defined in O.R.C. § 149.011), other than the obligations set forth in paragraph 15, to withhold documents or other tangible items from disclosure, including information (in whatever form) designated as Confidential Information under this Order, when a request is made to the “public office” pursuant to O.R.C. § 149.01, ef seg., by any person for the disclosure of such documents or tangible items, and the requested documents and tangible property, in the good faith belief of the “public office”, constitute “public records” (as that term is defined in O.R.C. § 149.01, ef seg.) 18 Nothing contained in this Order shall prejudice in any way the right of any Party to seek, by way of consent of all Parties or by application to the Court, (i) additional protection for specific items of Confidential Information; or (ii) relief from the provisions of this Order with respect to specific items or categories of Confidential Information. 19. By stipulating to this Order, the Parties do not waive any applicable privileges and reserve their right to contest any requests or subpoenas for documents, information or testimony and to assert such applicable privileges. The inadvertent production of any privileged or otherwise protected document, material or information should not be deemed a waiver or an impairment of any claim of privilege or protection. In the event of an inadvertent production of any document, material or information claimed to be protected by the attorney-client privilege, work product doctrine, or any other applicable protection or privilege, the following procedures shall be followed: 10 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 23 12:04 PM-23CV003586 0G591 - BE The Party receiving documentation that on its face appears to be a privileged or otherwise protected document will notify the other Party or non-party in writing of the apparent inadvertent disclosure and any copies, duplications, extracts, and summaries thereof shall be returned to the designating Party or non-party with that notice; or, The designating Party or non-party shall make a written demand upon the receiving Party to return such inadvertently produced documents, material or information and any copies, duplications, extracts, and summaries thereof shall be returned to the designating Party or non-party within three business days; and, The designating Party or non-party (as well as the receiving Party if the specified documents, material or information has not been returned) shall maintain the specified documents, material or information for in camera inspection by the Court should a motion to compel production or a motion for a further protective order be filed. 20. All Parties and attorneys of record in this action and all other persons and entities possessing or granted access to Confidential Information pursuant to this Order shall be bound by this Order to the extent permitted by law. 21 This Court shall retain jurisdiction of all matters pertaining to this Order, and the Parties and individuals signing the Acknowledgement of Protective Order agree to submit to the jurisdiction of this Court for matters relating to the enforcement of this Order. IT IS SO STIPULATED AND AGREED: 11 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 23 12:04 PM-23CV003586 0G591 - Aé /s/ Jeffrey T. Perry (per email authorization on /s/ Abigail R. Riffee 10/19/20) Abigail R. Riffee (0098867) Jeffrey T. Perry BENESCH, FRIEDLANDER, COPLAN & CAMPBELL PERRY, LLC ARONOFF LLP 7240 Muirfield Drive, Suite 120 41 South High Street, Suite 2600 Dublin, OH 43017 Columbus, Ohio 43215-6164 (614) 668-8442 Telephone: 614.223.9300 (614) 675-2210 fax Facsimile: 614.223.9330 jeff@campbellperrylaw.com Email: ariffee@beneschlaw.com Counsel for Plaintiff Michael J. Meyer (0087953) BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP 200 Public Square, Suite 2300 Cleveland, OH 44114-2378 Telephone: 216.363.4500 Facsimile: 216.363.4588 Email: mmeyer@beneschlaw.com Counsel for Defendants Approved and entered on October _ , 2023 JUDGE JULIE LYNCH 12 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 23 12:04 PM-23CV003586 0G591 - Aé IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO Philip Marsh, ) CASE NO. 23 CV 003586 ) Plaintiff, ) HONORABLE JUDGE JULIE LYNCH ) vs. ) JOINT STIPULATED PROTECTIVE Mercedes-Benz USA, LLC, et al., ) ORDER Defendants. ACKNOWLEDGEMENT OF PROTECTIVE ORDER hereby acknowledges that he or she has been provided with a copy of the Joint Protective Order entered in the above captioned action; he or she has read the Order; he or she agrees to be bound by its terms; and he or she subjects himself or herself to jurisdiction of the Court of Common Pleas for Franklin County, Ohio for purposes of any action to enforce the terms of the Order. Date Signature 23351030 v1 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 23 12:04 PM-23CV003586 0G591 - Aé Franklin County Court of Common Pleas Date: 10-23-2023 Case Title: PHILIP MARSH -VS- MERCEDES-BENZ USA LLC ET AL Case Number: 23CV003586 Type: ORDER It Is So Ordered. /s/ Judge Julie M. Lynch Electronically signed on 2023-Oct-23 page 14 of 14