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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 26 12:05 PM-23CV004721
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IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
CIVIL DIVISION
MCS2, LLC,
Case No. 23-CV-004721
Plaintiff,
Judge Jeffrey M. Brown
Vv
DAN LEE, et al.,
Defendants.
The parties to this Stipulated Protective Order have agreed to the terms of this Order;
accordingly, it is ORDERED:
1 Scope. All documents produced in the course of discovery, including initial
disclosures, all responses to discovery requests, all deposition testimony and exhibits, other
materials which may be subject to restrictions on disclosure for good cause and information
derived directly therefrom (hereinafter collectively “documents”), shall be subject to this Order
concerning confidential information as set forth below. As there is a presumption in favor of open
and public judicial proceedings in Ohio courts, this Order shall be strictly construed in favor of
public disclosure and open proceedings wherever possible. The Order is also subject to the Local
Rules of this Court and the Ohio Rules of Civil Procedure on matters of procedure and calculation
of time periods.
2. Form and Timing of Designation. A party may designate documents as
confidential and restricted in disclosure under this Order by placing or affixing the words
“CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” on the document in a manner that
will not interfere with the legibility of the document and that will permit complete removal of the
CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER designation. Documents shall be
designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER prior to or at the time of
the production or disclosure of the documents. The designation CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER does not mean that the document has any status or protection by statute
or otherwise except to the extent and for the purposes of this Order.
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3. Documents Which May be Designated CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER. Any party may designate documents as CONFIDENTIAL - SUBJECT
TO PROTECTIVE ORDER upon making a good faith determination that the documents contain
information protected from disclosure by statute or that should be protected from disclosure as
confidential personal information, trade secrets or other confidential business information,
personnel records, or such other sensitive commercial information that is not publicly available.
Public records and other information or documents that are publicly available may not be
designated as CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER
4, Documents Which May be Designated CONFIDENTIAL — ATTORNEY’S
EYES ONLY. Any party may designate documents as CONFIDENTIAL—ATTORNEY’S
EYES ONLY when the producing party believes in good faith that such documents contain trade
secrets, confidential information, or proprietary information the disclosure of which will subject
the producing party to irreparable loss or harm. These designations shall be made at the time that
the information is produced to the other party or within ten (10) days thereafter. In the absence of
prior written permission from the party asserting confidential treatment or an order by the Court,
any confidential documents produced in accordance with the provisions of paragraph 1, above,
that are marked CONFIDENTIAL—ATTORNEY’S EYES ONLY shall not be disclosed to any
person other than the counsel of record in this case.
5. Protection of Confidential Material.
(a) General Protections. Documents designated CONFIDENTIAL - SUBJECT
TO PROTECTIVE ORDER or CONFIDENTIAL—ATTORNEY’S EYES ONLY under
this Order shall not be used or disclosed by the parties, counsel for the parties or any other
persons identified in §4(b) for any purpose whatsoever other than to prepare for and to
conduct discovery, trial, or any other proceeding in this action, including any appeal
thereof.
(b) Limited Third-Party Disclosures. The parties and counsel for the parties shall
not disclose or permit the disclosure of any CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER or CONFIDENTIAL—ATTORNEY’S EYES ONLY documents
to any third person or entity except as set forth in subparagraphs (1)-(5). Subject to these
requirements, the following categories of persons may be allowed to review documents
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that have been designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or
CONFIDENTIAL—ATTORNEY’S EYES ONLY
(1) Counsel. Counsel for the parties and employees and agents of counsel
who have responsibility for the preparation and trial of the action;
(2) Parties. Parties and employees of a party to this Order whose assistance
is reasonably necessary to the conduct of the litigation and who agree to be bound
by the terms of the order. With respect to a Party that is a corporate entity, the term
Party shall include any person who holds an ownership interest in the corporate
entity
(3) Court Reporters and Recorders. Court reporters and recorders
engaged for depositions;
(4) Consultants, Investigators and Experts. Consultants, investigators, or
experts (hereinafter referred to collectively as “experts”) employed by the parties
or counsel for the parties to assist in the preparation and trial of this action or
proceeding, but only after such persons have completed the certification contained
in Attachment A, Acknowledgment of Understanding and Agreement to Be Bound;
and
(5) Others by Consent. Other persons only by written consent of the
producing party or upon order of the Court and on such conditions as may be agreed
or ordered. All such persons shall execute the certification contained in Attachment
A, Acknowledgment of Understanding and Agreement to Be Bound.
(c) Control of Documents. Counsel for the parties shall take reasonable and
appropriate measures to prevent unauthorized disclosure of documents designated as
CONFIDENTIAL — SUBJECT TO PROTECTIVE ORDER or CONFIDENTIAL—
ATTORNEY’S EYES ONLY pursuant to the terms of this Order. Counsel shall maintain
the forms signed by persons acknowledging their obligations under this Order for a period
of 1 year after dismissal of the action, the entry of final judgment and/or the conclusion of
any appeals arising therefrom.
(d) Copies. Prior to production to another party, all copies, electronic images,
duplicates, extracts, summaries or descriptions (hereinafter referred to collectively as
“copies”) of documents designated as CONFIDENTIAL - SUBJECT TO PROTECTIVE
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ORDER or CONFIDENTIAL—ATTORNEY’S EYES ONLY under this Order, or any
individual portion of such a document, shall be affixed with the designation
“CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” or “CONFIDENTIAL—
ATTORNEY’S EYES ONLY” if the word 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.
(e) Inadvertent Production. Inadvertent production of any document or
information without a designation of “CONFIDENTIAL - SUBJECT TO PROTECTIVE
ORDER” or “CONFIDENTIAL—ATTORNEY’S EYES ONLY” shall not operate as a
waiver of the attorney-client privilege or work-product production in these proceedings so
long as (i) the disclosure is inadvertent, (ii) the holder of the privilege or protection takes
reasonable steps to prevent disclosure; and (iii) the holder promptly takes reasonable steps
to rectify the error, including (if applicable) following Ohio Rule of Civil Procedure
26(B)(6)(b)
6. Non-Party Production. For the avoidance of doubt, a non-party that is required
to produce documents or information in conjunction with this matter may also designate such
materials as CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or CONFIDENTIAL—
ATTORNEY
’S EYES ONLY in accordance with the terms of this Order.
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Depositions. Deposition testimony shall be deemed CONFIDENTIAL -
SUBJECT TO PROTECTIVE ORDER or CONFIDENTIAL—ATTORNEY’S EYES ONLY
only if designated as such by any party (no later than fifteen (15) business days after receipt of the
deposition transcript). Such designation shall be specific as to the portions of the transcript or any
exhibit to be designated as CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or
CONFIDENTIAL—ATTORNEY’S EYES ONLY. Thereafter, the deposition transcripts and any
of those portions so designated shall be protected as CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER or CONFIDENTIAL—ATTORNEY’S EYES ONLY, pending objection,
under the terms of this Order. All copies of deposition transcripts that contain CONFIDENTIAL
— SUBJECT TO PROTECTIVE ORDER or CONFIDENTIAL—ATTORNEY’S EYES ONLY
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material shall be prominently marked on the cover thereof and on each page containing such
material.
(a) Deposition Preparation. During the course of preparing for or conducting
a deposition, a deponent or witness may be shown documents designated as
CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER that, on their face, reveal that
they were authored or received in the normal course of business by the deponent or witness.
A deponent or witness may also be shown any documents produced or disclosed by or on
behalf of the deponent’s, including, but not limited to, documents designated as
CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER.
(b) Acknowledgement of Deponents. Prior to the disclosure of any
CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER documents to a deponent or
witness under this paragraph, the deponent or witness shall be provided with a copy of this
order and shall be required to read it and sign the certification contained in Attachment A,
Acknowledgment of Understanding and Agreement to Be Bound. This paragraph shall not
apply to the parties as they are already bound to this order regardless of any
Acknowledgement
(c) Exclusion from Depositions. When any CONFIDENTIAL - SUBJECT
TO PROTECTIVE ORDER document is expected to be disclosed in any deposition, any
party expecting such disclosure shall ensure that only persons permitted by this Order to
have access to such documents are present for any such disclosure. Further, any party shall
have the right to exclude from attendance at a deposition, during such time as a
CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER document is to be referenced
or disclosed, every individual other than the deponent, the deponent’s attorney, the court
reporter, the videographer, and those individuals authorized under this Order to receive
CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER documents.
8. Filing of CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or
CONFIDENTIAL—ATTORNEY’S EYES ONLY or Documents Under Seal. The Court
highly discourages the manual filing of any pleadings or documents under seal. To the extent that
a brief, memorandum or pleading references any document marked as CONFIDENTIAL —
SUBJECT TO PROTECTIVE ORDER or CONFIDENTIAL—ATTORNEY’S EYES ONLY,
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then the brief, memorandum or pleading shall refer the Court to the particular exhibit filed under
seal without disclosing the contents of any confidential information
(a) Before any document marked as CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER or CONFIDENTIAL—ATTORNEY’S EYES ONLY is filed
under seal with the Clerk, the filing party shall first consult with the party that originally
designated the document as CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or
CONFIDENTIAL—ATTORNEY’S EYES ONLY to determine whether, with the consent
of that party, the document or a redacted version of the document may be filed with the
Court not under seal
(b) Where agreement is not possible or adequate, before a CONFIDENTIAL —
SUBJECT TO PROTECTIVE ORDER or CONFIDENTIAL—ATTORNEY’S EYES
ONLY document is filed with the Clerk, it shall be placed in a sealed envelope marked
“CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER DOCUMENTS” and
“CONFIDENTIAL—ATTORNEY’S EYES ONLY”, displaying the case name, docket
number, a designation of what the document is, the name of the party in whose behalf it is
submitted, and name of the attorney who has filed the documents on the front of the
envelope. A copy of any document filed under seal shall also be delivered to the judicial
officer’s chambers.
(c) To the extent that it is necessary for a party to discuss the contents of any
confidential information in a written pleading, then such portion of the pleading may be
filed under seal with leave of Court. In such circumstances, counsel shall prepare two
versions of the pleadings, a public and a confidential version. The public version shall
contain a redaction of references to CONFIDENTIAL - SUBJECT TO PROTECTIVE
ORDER or CONFIDENTIAL—ATTORNEY’S EYES ONLY documents. The
confidential version shall be a full and complete version of the pleading and shall be filed
with the Clerk under seal as above. A copy of the unredacted pleading also shall be
delivered to the judicial officer’s chambers.
(d) If the Court or a particular judicial officer has developed an alternative method
for the electronic filing of documents under seal, then the parties shall follow this
alternative method and shall not file any documents or pleadings manually with the Clerk
of Court.
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9. Challenges by a Party to Designation as Confidential. Any CONFIDENTIAL -
SUBJECT TO PROTECTIVE ORDER or CONFIDENTIAL—ATTORNEY’S EYES ONLY
designation is subject to challenge by any party with standing to object (hereafter “party”). Before
filing any motions or objections to a confidentiality designation with the Court, the objecting party
shall have an obligation to meet and confer in a good faith effort to resolve the objection by
agreement. If agreement is reached confirming or waiving the CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER or CONFIDENTIAL—ATTORNEY’S EYES ONLY designation as to
any documents subject to the objection, the designating party shall serve on all parties a notice
specifying the documents and the nature of the agreement.
10. Action by the Court. Applications to the Court for an order relating to any
documents designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or
CONFIDENTIAL—ATTORNEY’S EYES ONLY shall be by motion and any other procedures
set forth in the presiding judge’s standing orders or other relevant orders. Nothing in this Order or
any action or agreement of a party under this Order limits the Court’s power to make any orders
that may be appropriate with respect to the use and disclosure of any documents produced or use
in discovery or at trial
11. Use of Confidential Documents or Information at Trial. All trials are open to
the public. Absent order of the Court, there will be no restrictions on the use of any document that
may be introduced by any party during the trial. If a party intends to present at trial
CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or CONFIDENTIAL—
ATTORNEY’S EYES ONLY documents or information derived therefrom, such party shall
provide advance notice to the other party at least five (5) days before the commencement of trial
by identifying the documents or information at issue as specifically as possible (i.e., by Bates
number, page range, deposition transcript lines, etc.) without divulging the actual
CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or CONFIDENTIAL—
ATTORNEY’S EYES ONLY documents or information. The Court may thereafter make such
orders as are necessary to govern the use of such documents or information at trial
12, Obligations on Conclusion of Litigation.
(a) Order Remains in Effect. Unless otherwise agreed or ordered, this Order shall
remain in force after dismissal or entry of final judgment not subject to further appeal.
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(b) Return of CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or
CONFIDENTIAL—ATTORNEY’S EYES ONLY Documents. Within thirty days after
dismissal or entry of final judgment not subject to further appeal, all documents treated as
CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or CONFIDENTIAL—
ATTORNEY’S EYES ONLY under this Order, including copies as defined in §}6(d), shall
be returned to the producing party unless: (1) the document has been offered into evidence
or filed without restriction as to disclosure; (2) the parties agree to destruction in lieu of
return; or (3) as to documents bearing the notations, summations, or other mental
impressions of the receiving party, that party elects to destroy the documents and certifies
to the producing party that it has done so. Notwithstanding the above requirements to return
or destroy documents, counsel may retain attorney work product, including an index which
refers or relates to information designated CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER or CONFIDENTIAL—ATTORNEY’S EYES ONLY so long as
that work product does not duplicate verbatim substantial portions of the text or images of
confidential documents. This work product shall continue to be CONFIDENTIAL -
SUBJECT TO PROTECTIVE ORDER or CONFIDENTIAL—ATTORNEY’S EYES
ONLY under this Order. An attorney may use his or her work product in a subsequent
litigation provided that its use does not disclose or use CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER or CONFIDENTIAL—ATTORNEY’S EYES ONLY documents
(c) Return of Documents Filed under Seal. After dismissal or entry of final
judgment not subject to further appeal, the Clerk may elect to return to counsel for the
parties or, after notice, destroy documents filed or offered at trial under seal or otherwise
restricted by the Court as to disclosure.
13. 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.
14, No Prior Judicial Determination. This Order is entered based on the
representations and agreements of the parties and for the purpose of facilitating discovery. Nothing
herein shall be construed or presented as a judicial determination that any documents or
information designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or
CONFIDENTIAL—ATTORNEY’S EYES ONLY by counsel or the parties is subject to
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protection under Rule 26(C) of the Ohio Rules of Civil Procedure or otherwise until such time as
the Court may rule on a specific document or issue
15. Persons Bound. This Order shall take effect when entered and shall be binding
upon all counsel and their law firms, the parties, and persons made subject to this Order by its
terms
IT IS SO ORDERED.
Dated
JUDGE JEFFREY M. BROWN
Approved and Submitted by:
/s/ Greg R. Mansell /s/ Helen K. Sudhoff
Greg R. Mansell (0085197) Daniel T. Downey (0063753)
Greg@MansellLawLLC.com Helen K. Sudhoff (0101259)
Rhiannon M. Herbert (0098737) Fishel Down Albrecht Riepenhoff,
Rhiannon@MansellLawLLC.com LLP
Mansell Law, LLC 7775 Walton Parkway, Suite 200
1457 S. High St. New Albany, OH 43054
Columbus, OH 43207 (614) 221-1216 - Telephone
Ph: 614-796-4325 (614) 221-8769 - Fax
Fax: 614-547-3614 ddowney@fisheldowney.com
hsudhoff@fisheldowney.com
Counsel for Defendants
/s/ Shamus B. Cassidy
Shamus B. Cassidy (0083566)
Morgan E. Kelly (0093446)
Cassidy Law, Ltd.
7650 Rivers Edge Drive, Suite 101
Columbus, OH 43235
(614) 888-4911 — Telephone
(614) 888-4402 — Fax
Counsel for Plaintiff
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IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
CIVIL DIVISION
MCS2, LLC,
Case No. 23-CV-004721
Plaintiff,
Judge Jeffrey M. Brown
Vv
DAN LEE, et al.,
Defendants.
ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND
The undersigned hereby acknowledges that he/she has read the Protective Order in the
above-captioned action and attached hereto, understands the terms thereof, and agrees to be bound
by its terms. The undersigned submits to the jurisdiction of the Court of Common Pleas for
Franklin County, Ohio in matters relating to the Stipulated Protective Order and understands that
the terms of the Protective Order obligate him/her to use documents designated CONFIDENTIAL
- SUBJECT TO PROTECTIVE ORDER in accordance with the Protective Order solely for the
purposes of the above-captioned action, and not to disclose any such documents or information
derived directly therefrom to any other person, firm, or concern
The undersigned acknowledges that violation of the Protective Order may result in
penalties for contempt of court.
Date:
Signature
Printed Name
10
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Franklin County Court of Common Pleas
Date: 10-26-2023
Case Title: MCS2 LLC -VS- DAN LEE ET AL
Case Number: 23CV004721
Type: ORDER
It Is So Ordered.
yh VN baw
/s/ Judge Jeffrey M. Brown
Electronically signed on 2023-Oct-26 page 11 of 11
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Court Disposition
Case Number: 23CV004721
Case Style: MCS2 LLC -VS- DAN LEE ET AL
Motion Tie Off Information:
1. Motion CMS Document Id: 23CV0047212023-10-2599980000
Document Title: 10-25-2023-MOTION FOR PROTECTIVE ORDER
- DEFENDANT: DAN LEE
Disposition: MOTION GRANTED
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 26 12:05 PM-23CV004721 0G595 - J8 IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO CIVIL DIVISION MCS2, LLC, Case No. 23-CV-004721 Plaintiff, Judge Jeffrey M. Brown Vv DAN LEE, et al., Defendants. The parties to this Stipulated Protective Order have agreed to the terms of this Order; accordingly, it is ORDERED: 1 Scope. All documents produced in the course of discovery, including initial disclosures, all responses to discovery requests, all deposition testimony and exhibits, other materials which may be subject to restrictions on disclosure for good cause and information derived directly therefrom (hereinafter collectively “documents”), shall be subject to this Order concerning confidential information as set forth below. As there is a presumption in favor of open and public judicial proceedings in Ohio courts, this Order shall be strictly construed in favor of public disclosure and open proceedings wherever possible. The Order is also subject to the Local Rules of this Court and the Ohio Rules of Civil Procedure on matters of procedure and calculation of time periods. 2. Form and Timing of Designation. A party may designate documents as confidential and restricted in disclosure under this Order by placing or affixing the words “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” on the document in a manner that will not interfere with the legibility of the document and that will permit complete removal of the CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER designation. Documents shall be designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER prior to or at the time of the production or disclosure of the documents. The designation CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER does not mean that the document has any status or protection by statute or otherwise except to the extent and for the purposes of this Order. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 26 12:05 PM-23CV004721 0G595 - J8 3. Documents Which May be Designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER. Any party may designate documents as CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER upon making a good faith determination that the documents contain information protected from disclosure by statute or that should be protected from disclosure as confidential personal information, trade secrets or other confidential business information, personnel records, or such other sensitive commercial information that is not publicly available. Public records and other information or documents that are publicly available may not be designated as CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER 4, Documents Which May be Designated CONFIDENTIAL — ATTORNEY’S EYES ONLY. Any party may designate documents as CONFIDENTIAL—ATTORNEY’S EYES ONLY when the producing party believes in good faith that such documents contain trade secrets, confidential information, or proprietary information the disclosure of which will subject the producing party to irreparable loss or harm. These designations shall be made at the time that the information is produced to the other party or within ten (10) days thereafter. In the absence of prior written permission from the party asserting confidential treatment or an order by the Court, any confidential documents produced in accordance with the provisions of paragraph 1, above, that are marked CONFIDENTIAL—ATTORNEY’S EYES ONLY shall not be disclosed to any person other than the counsel of record in this case. 5. Protection of Confidential Material. (a) General Protections. Documents designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or CONFIDENTIAL—ATTORNEY’S EYES ONLY under this Order shall not be used or disclosed by the parties, counsel for the parties or any other persons identified in §4(b) for any purpose whatsoever other than to prepare for and to conduct discovery, trial, or any other proceeding in this action, including any appeal thereof. (b) Limited Third-Party Disclosures. The parties and counsel for the parties shall not disclose or permit the disclosure of any CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or CONFIDENTIAL—ATTORNEY’S EYES ONLY documents to any third person or entity except as set forth in subparagraphs (1)-(5). Subject to these requirements, the following categories of persons may be allowed to review documents Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 26 12:05 PM-23CV004721 0G595 - J8 that have been designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or CONFIDENTIAL—ATTORNEY’S EYES ONLY (1) Counsel. Counsel for the parties and employees and agents of counsel who have responsibility for the preparation and trial of the action; (2) Parties. Parties and employees of a party to this Order whose assistance is reasonably necessary to the conduct of the litigation and who agree to be bound by the terms of the order. With respect to a Party that is a corporate entity, the term Party shall include any person who holds an ownership interest in the corporate entity (3) Court Reporters and Recorders. Court reporters and recorders engaged for depositions; (4) Consultants, Investigators and Experts. Consultants, investigators, or experts (hereinafter referred to collectively as “experts”) employed by the parties or counsel for the parties to assist in the preparation and trial of this action or proceeding, but only after such persons have completed the certification contained in Attachment A, Acknowledgment of Understanding and Agreement to Be Bound; and (5) Others by Consent. Other persons only by written consent of the producing party or upon order of the Court and on such conditions as may be agreed or ordered. All such persons shall execute the certification contained in Attachment A, Acknowledgment of Understanding and Agreement to Be Bound. (c) Control of Documents. Counsel for the parties shall take reasonable and appropriate measures to prevent unauthorized disclosure of documents designated as CONFIDENTIAL — SUBJECT TO PROTECTIVE ORDER or CONFIDENTIAL— ATTORNEY’S EYES ONLY pursuant to the terms of this Order. Counsel shall maintain the forms signed by persons acknowledging their obligations under this Order for a period of 1 year after dismissal of the action, the entry of final judgment and/or the conclusion of any appeals arising therefrom. (d) Copies. Prior to production to another party, all copies, electronic images, duplicates, extracts, summaries or descriptions (hereinafter referred to collectively as “copies”) of documents designated as CONFIDENTIAL - SUBJECT TO PROTECTIVE Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 26 12:05 PM-23CV004721 0G595 - J8 ORDER or CONFIDENTIAL—ATTORNEY’S EYES ONLY under this Order, or any individual portion of such a document, shall be affixed with the designation “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” or “CONFIDENTIAL— ATTORNEY’S EYES ONLY” if the word 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. (e) Inadvertent Production. Inadvertent production of any document or information without a designation of “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” or “CONFIDENTIAL—ATTORNEY’S EYES ONLY” shall not operate as a waiver of the attorney-client privilege or work-product production in these proceedings so long as (i) the disclosure is inadvertent, (ii) the holder of the privilege or protection takes reasonable steps to prevent disclosure; and (iii) the holder promptly takes reasonable steps to rectify the error, including (if applicable) following Ohio Rule of Civil Procedure 26(B)(6)(b) 6. Non-Party Production. For the avoidance of doubt, a non-party that is required to produce documents or information in conjunction with this matter may also designate such materials as CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or CONFIDENTIAL— ATTORNEY ’S EYES ONLY in accordance with the terms of this Order. 7 Depositions. Deposition testimony shall be deemed CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or CONFIDENTIAL—ATTORNEY’S EYES ONLY only if designated as such by any party (no later than fifteen (15) business days after receipt of the deposition transcript). Such designation shall be specific as to the portions of the transcript or any exhibit to be designated as CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or CONFIDENTIAL—ATTORNEY’S EYES ONLY. Thereafter, the deposition transcripts and any of those portions so designated shall be protected as CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or CONFIDENTIAL—ATTORNEY’S EYES ONLY, pending objection, under the terms of this Order. All copies of deposition transcripts that contain CONFIDENTIAL — SUBJECT TO PROTECTIVE ORDER or CONFIDENTIAL—ATTORNEY’S EYES ONLY Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 26 12:05 PM-23CV004721 0G595 - J8 material shall be prominently marked on the cover thereof and on each page containing such material. (a) Deposition Preparation. During the course of preparing for or conducting a deposition, a deponent or witness may be shown documents designated as CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER that, on their face, reveal that they were authored or received in the normal course of business by the deponent or witness. A deponent or witness may also be shown any documents produced or disclosed by or on behalf of the deponent’s, including, but not limited to, documents designated as CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER. (b) Acknowledgement of Deponents. Prior to the disclosure of any CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER documents to a deponent or witness under this paragraph, the deponent or witness shall be provided with a copy of this order and shall be required to read it and sign the certification contained in Attachment A, Acknowledgment of Understanding and Agreement to Be Bound. This paragraph shall not apply to the parties as they are already bound to this order regardless of any Acknowledgement (c) Exclusion from Depositions. When any CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER document is expected to be disclosed in any deposition, any party expecting such disclosure shall ensure that only persons permitted by this Order to have access to such documents are present for any such disclosure. Further, any party shall have the right to exclude from attendance at a deposition, during such time as a CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER document is to be referenced or disclosed, every individual other than the deponent, the deponent’s attorney, the court reporter, the videographer, and those individuals authorized under this Order to receive CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER documents. 8. Filing of CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or CONFIDENTIAL—ATTORNEY’S EYES ONLY or Documents Under Seal. The Court highly discourages the manual filing of any pleadings or documents under seal. To the extent that a brief, memorandum or pleading references any document marked as CONFIDENTIAL — SUBJECT TO PROTECTIVE ORDER or CONFIDENTIAL—ATTORNEY’S EYES ONLY, Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 26 12:05 PM-23CV004721 0G595 - J8 then the brief, memorandum or pleading shall refer the Court to the particular exhibit filed under seal without disclosing the contents of any confidential information (a) Before any document marked as CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or CONFIDENTIAL—ATTORNEY’S EYES ONLY is filed under seal with the Clerk, the filing party shall first consult with the party that originally designated the document as CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or CONFIDENTIAL—ATTORNEY’S EYES ONLY to determine whether, with the consent of that party, the document or a redacted version of the document may be filed with the Court not under seal (b) Where agreement is not possible or adequate, before a CONFIDENTIAL — SUBJECT TO PROTECTIVE ORDER or CONFIDENTIAL—ATTORNEY’S EYES ONLY document is filed with the Clerk, it shall be placed in a sealed envelope marked “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER DOCUMENTS” and “CONFIDENTIAL—ATTORNEY’S EYES ONLY”, displaying the case name, docket number, a designation of what the document is, the name of the party in whose behalf it is submitted, and name of the attorney who has filed the documents on the front of the envelope. A copy of any document filed under seal shall also be delivered to the judicial officer’s chambers. (c) To the extent that it is necessary for a party to discuss the contents of any confidential information in a written pleading, then such portion of the pleading may be filed under seal with leave of Court. In such circumstances, counsel shall prepare two versions of the pleadings, a public and a confidential version. The public version shall contain a redaction of references to CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or CONFIDENTIAL—ATTORNEY’S EYES ONLY documents. The confidential version shall be a full and complete version of the pleading and shall be filed with the Clerk under seal as above. A copy of the unredacted pleading also shall be delivered to the judicial officer’s chambers. (d) If the Court or a particular judicial officer has developed an alternative method for the electronic filing of documents under seal, then the parties shall follow this alternative method and shall not file any documents or pleadings manually with the Clerk of Court. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 26 12:05 PM-23CV004721 0G595 - J8 9. Challenges by a Party to Designation as Confidential. Any CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or CONFIDENTIAL—ATTORNEY’S EYES ONLY designation is subject to challenge by any party with standing to object (hereafter “party”). Before filing any motions or objections to a confidentiality designation with the Court, the objecting party shall have an obligation to meet and confer in a good faith effort to resolve the objection by agreement. If agreement is reached confirming or waiving the CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or CONFIDENTIAL—ATTORNEY’S EYES ONLY designation as to any documents subject to the objection, the designating party shall serve on all parties a notice specifying the documents and the nature of the agreement. 10. Action by the Court. Applications to the Court for an order relating to any documents designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or CONFIDENTIAL—ATTORNEY’S EYES ONLY shall be by motion and any other procedures set forth in the presiding judge’s standing orders or other relevant orders. Nothing in this Order or any action or agreement of a party under this Order limits the Court’s power to make any orders that may be appropriate with respect to the use and disclosure of any documents produced or use in discovery or at trial 11. Use of Confidential Documents or Information at Trial. All trials are open to the public. Absent order of the Court, there will be no restrictions on the use of any document that may be introduced by any party during the trial. If a party intends to present at trial CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or CONFIDENTIAL— ATTORNEY’S EYES ONLY documents or information derived therefrom, such party shall provide advance notice to the other party at least five (5) days before the commencement of trial by identifying the documents or information at issue as specifically as possible (i.e., by Bates number, page range, deposition transcript lines, etc.) without divulging the actual CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or CONFIDENTIAL— ATTORNEY’S EYES ONLY documents or information. The Court may thereafter make such orders as are necessary to govern the use of such documents or information at trial 12, Obligations on Conclusion of Litigation. (a) Order Remains in Effect. Unless otherwise agreed or ordered, this Order shall remain in force after dismissal or entry of final judgment not subject to further appeal. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 26 12:05 PM-23CV004721 0G595 - J8 (b) Return of CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or CONFIDENTIAL—ATTORNEY’S EYES ONLY Documents. Within thirty days after dismissal or entry of final judgment not subject to further appeal, all documents treated as CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or CONFIDENTIAL— ATTORNEY’S EYES ONLY under this Order, including copies as defined in §}6(d), shall be returned to the producing party unless: (1) the document has been offered into evidence or filed without restriction as to disclosure; (2) the parties agree to destruction in lieu of return; or (3) as to documents bearing the notations, summations, or other mental impressions of the receiving party, that party elects to destroy the documents and certifies to the producing party that it has done so. Notwithstanding the above requirements to return or destroy documents, counsel may retain attorney work product, including an index which refers or relates to information designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or CONFIDENTIAL—ATTORNEY’S EYES ONLY so long as that work product does not duplicate verbatim substantial portions of the text or images of confidential documents. This work product shall continue to be CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or CONFIDENTIAL—ATTORNEY’S EYES ONLY under this Order. An attorney may use his or her work product in a subsequent litigation provided that its use does not disclose or use CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or CONFIDENTIAL—ATTORNEY’S EYES ONLY documents (c) Return of Documents Filed under Seal. After dismissal or entry of final judgment not subject to further appeal, the Clerk may elect to return to counsel for the parties or, after notice, destroy documents filed or offered at trial under seal or otherwise restricted by the Court as to disclosure. 13. 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. 14, No Prior Judicial Determination. This Order is entered based on the representations and agreements of the parties and for the purpose of facilitating discovery. Nothing herein shall be construed or presented as a judicial determination that any documents or information designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or CONFIDENTIAL—ATTORNEY’S EYES ONLY by counsel or the parties is subject to Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 26 12:05 PM-23CV004721 0G595 - J8 protection under Rule 26(C) of the Ohio Rules of Civil Procedure or otherwise until such time as the Court may rule on a specific document or issue 15. Persons Bound. This Order shall take effect when entered and shall be binding upon all counsel and their law firms, the parties, and persons made subject to this Order by its terms IT IS SO ORDERED. Dated JUDGE JEFFREY M. BROWN Approved and Submitted by: /s/ Greg R. Mansell /s/ Helen K. Sudhoff Greg R. Mansell (0085197) Daniel T. Downey (0063753) Greg@MansellLawLLC.com Helen K. Sudhoff (0101259) Rhiannon M. Herbert (0098737) Fishel Down Albrecht Riepenhoff, Rhiannon@MansellLawLLC.com LLP Mansell Law, LLC 7775 Walton Parkway, Suite 200 1457 S. High St. New Albany, OH 43054 Columbus, OH 43207 (614) 221-1216 - Telephone Ph: 614-796-4325 (614) 221-8769 - Fax Fax: 614-547-3614 ddowney@fisheldowney.com hsudhoff@fisheldowney.com Counsel for Defendants /s/ Shamus B. Cassidy Shamus B. Cassidy (0083566) Morgan E. Kelly (0093446) Cassidy Law, Ltd. 7650 Rivers Edge Drive, Suite 101 Columbus, OH 43235 (614) 888-4911 — Telephone (614) 888-4402 — Fax Counsel for Plaintiff Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 26 12:05 PM-23CV004721 0G595 - J8 IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO CIVIL DIVISION MCS2, LLC, Case No. 23-CV-004721 Plaintiff, Judge Jeffrey M. Brown Vv DAN LEE, et al., Defendants. ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND The undersigned hereby acknowledges that he/she has read the Protective Order in the above-captioned action and attached hereto, understands the terms thereof, and agrees to be bound by its terms. The undersigned submits to the jurisdiction of the Court of Common Pleas for Franklin County, Ohio in matters relating to the Stipulated Protective Order and understands that the terms of the Protective Order obligate him/her to use documents designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER in accordance with the Protective Order solely for the purposes of the above-captioned action, and not to disclose any such documents or information derived directly therefrom to any other person, firm, or concern The undersigned acknowledges that violation of the Protective Order may result in penalties for contempt of court. Date: Signature Printed Name 10 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 26 12:05 PM-23CV004721 06595 - J9 Franklin County Court of Common Pleas Date: 10-26-2023 Case Title: MCS2 LLC -VS- DAN LEE ET AL Case Number: 23CV004721 Type: ORDER It Is So Ordered. yh VN baw /s/ Judge Jeffrey M. Brown Electronically signed on 2023-Oct-26 page 11 of 11 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 26 12:05 PM-23CV004721 06595 - J9 Court Disposition Case Number: 23CV004721 Case Style: MCS2 LLC -VS- DAN LEE ET AL Motion Tie Off Information: 1. Motion CMS Document Id: 23CV0047212023-10-2599980000 Document Title: 10-25-2023-MOTION FOR PROTECTIVE ORDER - DEFENDANT: DAN LEE Disposition: MOTION GRANTED