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CV-2023-02-0558 BAKER ROSS, SUSAN 11/20/2023 15:09:48 PM NSIS Page 1 of7
IN THE COURT OF COMMON PLEAS
SUMMIT COUNTY, OHIO
JOHN DOE, ) CASE NO: CV 2023-02-0558
Plaintiff, JUDGE SUSAN BAKER ROSS
Vv.
DEFENDANTJANE DOE’S NOTICE
JANE DOE, OF RETURN OF SERVICE OF
SUBPOENA TO JOHN CARROLL
Defendants. UNIVERSITY
Defendant Jane Doe, hereby give notice that they have served a subpoena duces tecum
upon Jeff Daberko, Chief/Director of JCUPD and Records Custodian, John Carroll University, 1
John Carroll Boulevard, University Heights, Ohio 44118. The subpoena was served via certified
mail on November 9, 2023 and a copy of the fully executed subpoena is attached as Exhibit A.
Respectfully submitted,
/s/ Rachel L. Bagnolo
JOSEPH MONROE II (0086540)
RACHEL L. BAGNOLO (0097865)
GALLAGHER SHARP LLP
1215 Superior Avenue, 7 Floor
Cleveland, OH 44114
(216) 241-5310 (Telephone)
(216) 241-1608 (Facsimile)
Email: jmonroe@gallaghersharp.com
rbagnolo@gallaghersharp.com
Attorneys for Defendant Jane Doe
Sandra Kurt, Summit County Clerk of Courts
CV-2023-02-0558 BAKER ROSS, SUSAN 11/20/2023 15:09:48 PM NSIS Page 2 of 7
CERTIFICATE OF SERVICE
This will certify that a true copy of the foregoing has been served upon the following by
electronic mail this 15th day of November, 2023:
Adam M. Vanho
Vanho Law
37 South Main Street, Suite 3
P.O. Box 157
Munroe Falls, OH 44262
Attorney for Plaintiff, John Doe
David L. Lester
Collins, Roche, Utley & Garner, LLC
875 Westpoint Parkway, Suite 500
Cleveland, OH 44145
Attorney for Intervenors Allstate Indemnity
Company and Allstate Vehicle and Property
Insurance Company
Frank J. Mazgaj
Hanna Campbell & Powell LLP
3737 Embassy Parkway, Suite 100
Akron, Ohio 44333
Attorney for Jane Doe
/s/ Rachel L. Bagnolo
JOSEPH MONROE II (0086540)
RACHEL L. BAGNOLO (#0097865)
Gallagher Sharp LLP
Attorneys for Defendant Jane Doe
Sandra Kurt, Summit County Clerk of Courts
CV-2023-02-0558 BAKER ROSS, SUSAN 11/20/2023 15:09:48 PM NSIS Page 3 of 7
Subpoena
Ohio Civil Rule 45
State of Ohio
Summit County SS.
JOHN DOE, Case No. CV 2023 02 0558
PLAINTIFF,
JUDGE SUSAN BAKER ROSS
ve
JANE DOE
DEFENDANTS.
To: Jeff Daberko
Chief/Director of JCUPD and Records Custodian
John Carroll University
1 John Carroll Boulevard
University Heights, Ohio 44118
(] You Are Commanded to APPEAR AT THE PLACE, DATE AND TIME SPECIFIED BELOW TO TESTIFY
IN THE ABOVE CASE,
[x] You Are Commanded to PRODUCE AND PERMIT INSPECTION, COPYING,
TESTING OR SAMPLING OF THE
FOLLOWING DOCUMENTS OR OBJECTS AT THE PLACE, DATE, AND TIME SPECIFIED
BELOW (LIsT
DOCUMENTS OR OBJECTS): PLEASE SEE EXHIBIT A — DUCES TECUM.
[Xx] In Lieu of Appearance, VERIFIED COPIES OF THE IDENTIFIED RECORDS MAY BE PRODUCED TO THE
UNDERSIGNED IN ADVANCE OF SCHEDULED DATE.
PLACE: Gallagher Sharp, LLP 1215 Superior Avenue, 7" Floor, Cleveland, Ohio 44114
DATE: November 22, 2023 TIME: 10:00 a.m.
To insure taxation of their fees, witnesses must report each attendance to the clerk of courts for the above captioned
county.
Section 2335.06 of the Ohio Revised Code provides that witnesses are entitled to receive $12.00 for eac!
ch full day's attendance and $6.00 for each
half day’s attendance, plus ten cents per mile traveled to and from his place of residence outside of the City of Cleveland proper.
Such fees are
taxed as costs and mailed to the witness upon payment of costs
Issuing Attorney: Rachel L. Bagnolo
GALLAGHER SHARP
1215 Superior Avenue, 7" Floor
Cleveland, Ohio 44114
(216) 241-5310
Attorney for Jane Doe
SIGNATURE ~f{ AR LP
Da 1B
Sandra Kurt, Summit County Clerk of Courts
CV-2023-02-0558 BAKER ROSS, SUSAN 11/20/2023 15:09:48 PM NSIS Page 4 of 7
THE STATE OF OHIO
SS.
Summit County
Affidavit of Service of Subpoena by Attorney or Process Server
On the 9th date of
November
» 2023, I served this Subpoena on the within named:
Jeff Daberko Chief/Director of JCUPD and Records Custodian, ‘as follows: Via Certified Mail signed for by Melanie Boggs
sy 4H FY
Astotiiey/Process Servet
QZ
AGeaE a
pe CATHERINE L. MANKO
Subscribed and orn to before me, a NOTARY PU!
y
day of Se EZ
This bee. »,2023. NOTARY PUBLIC, STATE OF OHIO
, Marko oe My Comission
Expires 3114/2028
RULE 45. RULES OF CIVIL PROCEDURE, PARTS C & D (D) Duties in resp’ fubpoena,
(C) Protection of persons subject to subpoenas. (1) A person responding to a subpoena to produce documents shall, at
(1) A party or an attorney responsible for the issuance and service of the person's option, produce them as they are kept in the usual course
a subpoena shall take reasonable steps to avoid imposing undue of business or organized and labeled to correspond with the
burden or expense on a person subject to that subpoena. categories in the subpoena. A person producing documents or
(2)(a) A person commanded to produce under divisions (A)(1)(b)(ii), electronically stored information pursuant to a subpoena for them
ii), (iv), or (v) of this rule need not appear in person at the place of shall permit their inspection and copying by all parties present at the
production or inspection unless commanded to attend and give time and place set in the subpoena for inspection and copying,
testimony at a deposition, hearing, or trial. (2) If a request does not specify the form or forms for producing
(b) Subject to division (D)(2) of this rule, a person commanded to electronically stored information, a person responding to a subpoena
produce under divisions (A)(1)(b)(ii), (iii), (iv), or (v) of this rule may produce the information in a form or forms in which the
may, within fourteen days after service of the subpoena or before the information is ordinarily maintained if that form is reasonably
time specified for compliance if such time is less than fourteen days useable, or in any form that is reasonably useable. Unless ordered by
after service, serve upon the party or attorney designated in the the court or agreed to by the person subpoenaed, a person responding
subpoena written objections to production. If objection is made, the to a subpoena need not produce the same electronically stored
party serving the subpoena shall not be entitled to production except information in more than one form.
pursuant to an order of the court by which the subpoena was issued. (3) A person need not provide discovery of electronically stored
If objection has been made, the party serving the subpoena, upon information when the production imposes undue burden or expense.
notice to the person commanded to produce, may move at any time On motion to compel discovery or for a protective order, the person
for an order to compel the production. An order to compel production from whom electronically stored information is sought must show
shall protect any person who is not a party or an officer of a party that the information is not reasonably accessible because of undue
from significant expense resulting from the production commanded. burden or expense. If a showing of undue burden or expense is made,
(3) On timely motion, the court from which the subpoena was issued the court may nonetheless order production of electronically stored
shall quash or modify the subpoena, or order appearance or information if the requesting party shows good cause. The court shall
production only under specified conditions, if the subpoena does any consider the factors in Civ. R. 26(B)(4) when determining if good
of the following: cause exists. In ordering production of electronically stored
(a) Fails to allow reasonable time to comply; information, the court may specify the format, extent, timing,
(b) Requires disclosure of privileged or otherwise protected matter allocation of expenses and other conditions for the discovery of the
and no exception or waiver applies; electronically stored information.
(6) Requires disclosure ofa fact known or opinion held by an expert (4) When information subject to a subpoena is withheld on a claim
not retained or specially employed by any party in anticipation of that it is privileged or subject to protection as trial preparation
litigation or preparation for trial as described by Civ. R. 26(B)(4), if materials, the claim shall be made expressly and shall be supported
the fact or opinion does not describe specific events or occurrences in by a description of the nature of the documents, communications, or
dispute and results from study by that expert that was not made at the things not produced that is sufficient to enable the demanding party
request of any party; to contest the claim.
(d) Subjects a person to undue burden. (5) If information is produced in response to a subpoena that is
(4) Before filing a motion pursuant to division (C3)(4) of this rule, a subject to a claim of privilege or of protection as trial-preparation
person resisting discovery under this rule shall attempt to resolve any material, the person making the claim may notify any party that
claim of undue burden through discussions with the issuing attorney. received the information of the claim and the basis for it. After being
A motion filed pursuant to division (C)(3)(d) of this rule shall be notified, a receiving party must promptly return, sequester, or destroy
supported by an affidavit of the subpoenaed person or a certificate of the specified information and any copies within the party’s
that person’s attomey of the efforts made to resolve any claim of possession, custody or control. A party may not use or disclose the
undue burden. information until the claim is resolved. A receiving party may
(3) If a motion is made under division (C)(3)(c) or (C)(3)(4) of this promptly present the information to the court under seal for a
rule, the court shall quash or modify the subpoena unless the party in determination of the claim of privilege or of protection as trial-
whose behalf the subpoena is issued shows a substantial need for the preparation material. If the receiving party disclosed the information
testimony or material that cannot be otherwise met without undue before being notified, it must take reasonable steps to retrieve it. The
hardship and assures that the person to whom the subpoena is person who produced the information must preserve the information
addressed will be reasonably compensated. until the claim is resolved.
Sandra Kurt, Summit County Clerk of Courts
CV-2023-02-0558 BAKER ROSS, SUSAN 11/20/2023 15:09:48 PM NSIS Page 5 of 7
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Sandra Kurt, Summit County Clerk of Courts
CV-2023-02-0558 BAKER ROSS, SUSAN 11/20/2023 15:09:48 PM NSIS Page 6 of 7
EXHIBIT “A”
(Duces Tecum)
Pursuant to Rule 45 of the Ohio Rules of Civil Procedure, the person(s) responsible for
maintaining and having custody of the following described documents to whom the attached
subpoena is directed shall produce the requested documents for inspection and copying at the
time, date and place specified in the subpoena to which this duces tecum is attached. The
records and documents sought herein are to be produced as they are kept in the ordinary course
of business.
This subpoena duces tecum may be complied with by mailing copies of all requested
documents to the counsel identified on the attached subpoena on or before the date specified in
the subpoena, along with a sworn declaration or affidavit from a designated and authorized
records custodian verifying and attesting to the fact that, following a diligent search, each and
every document sought and/or each and every document which relates or refers to the below-
described categories has been located and produced.
DEFINITIONS
“Document” includes:
A Any and all information in tangible form and shall include, without
limitation, regardless of origin or location, letters, emails, memoranda,
correspondence, records, financial statements, computer stored
information, canceled checks, ledgers, invoices, bills and other evidence
of indebtedness, or any other written or recorded material in your
possession and/or control. It shall also mean all electronically stored
information whether stored on disk, hard drive, network server, or in other
form. It shall also mean all drafts and non-identical copies of documents
by whatever means made;
Copies of such documents upon which appear any initialing, notations, or
handwriting of any kind not appearing on the original;
Such documents, whether they be prepared by your agent, employee,
consultant, representative or attorney, for their own use or transmittal in
any manner, or received by any means by you; and
Sandra Kurt, Summit County Clerk of Courts
CV-2023-02-0558 BAKER ROSS, SUSAN 11/20/2023 15:09:48 PM NSIS Page 7 of 7
D. Such documents, wherever located, whether in the files of your agent,
employee, representative or attomey, or in any file in your possession or
direction or control.
DOCUMENTS REQUESTED TO BE PRODUCED
Pursuant to Rule 45 of the Ohio Rules of Civil Procedure, the following documents are to
be produced for inspection and copied in the manner in which the documents are kept in the
ordinary course of business. Please produce the requested information electronically in native
format, where possible. Please produce the following records related to Ryan Neistadt from
January 1, 2019 to present:
Any and all disciplinary records;
Any and all Title IX records;
Any and all academic transcripts;
Any and all financial aid and scholarship information;
Any and all complaint and investigatory materials;
Any and all applications for admission;
Any and all no-contact orders;
Any and all education records;
9 Complete student file; and
10, Any and all student conduct records.
Respectfully submitted,
/s/ Rachel L. Bagnolo
JOSEPH MONROE II (0086540)
RACHEL L, BAGNOLO (0097865)
GALLAGHER SHARP LLP
1215 Superior Avenue, 7" Floor
Cleveland, Ohio 44114
PH: 216-241-5310
FAX: 216-241-1608
E-Mail: jmonroe allaghers| com
rbagnolo@gallaghersharp.com
Attorney for Defendant Jane Doe
Sandra Kurt, Summit County Clerk of Courts
Preview
CV-2023-02-0558 BAKER ROSS, SUSAN 11/20/2023 15:09:48 PM NSIS Page 1 of7 IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO JOHN DOE, ) CASE NO: CV 2023-02-0558 Plaintiff, JUDGE SUSAN BAKER ROSS Vv. DEFENDANTJANE DOE’S NOTICE JANE DOE, OF RETURN OF SERVICE OF SUBPOENA TO JOHN CARROLL Defendants. UNIVERSITY Defendant Jane Doe, hereby give notice that they have served a subpoena duces tecum upon Jeff Daberko, Chief/Director of JCUPD and Records Custodian, John Carroll University, 1 John Carroll Boulevard, University Heights, Ohio 44118. The subpoena was served via certified mail on November 9, 2023 and a copy of the fully executed subpoena is attached as Exhibit A. Respectfully submitted, /s/ Rachel L. Bagnolo JOSEPH MONROE II (0086540) RACHEL L. BAGNOLO (0097865) GALLAGHER SHARP LLP 1215 Superior Avenue, 7 Floor Cleveland, OH 44114 (216) 241-5310 (Telephone) (216) 241-1608 (Facsimile) Email: jmonroe@gallaghersharp.com rbagnolo@gallaghersharp.com Attorneys for Defendant Jane Doe Sandra Kurt, Summit County Clerk of Courts CV-2023-02-0558 BAKER ROSS, SUSAN 11/20/2023 15:09:48 PM NSIS Page 2 of 7 CERTIFICATE OF SERVICE This will certify that a true copy of the foregoing has been served upon the following by electronic mail this 15th day of November, 2023: Adam M. Vanho Vanho Law 37 South Main Street, Suite 3 P.O. Box 157 Munroe Falls, OH 44262 Attorney for Plaintiff, John Doe David L. Lester Collins, Roche, Utley & Garner, LLC 875 Westpoint Parkway, Suite 500 Cleveland, OH 44145 Attorney for Intervenors Allstate Indemnity Company and Allstate Vehicle and Property Insurance Company Frank J. Mazgaj Hanna Campbell & Powell LLP 3737 Embassy Parkway, Suite 100 Akron, Ohio 44333 Attorney for Jane Doe /s/ Rachel L. Bagnolo JOSEPH MONROE II (0086540) RACHEL L. BAGNOLO (#0097865) Gallagher Sharp LLP Attorneys for Defendant Jane Doe Sandra Kurt, Summit County Clerk of Courts CV-2023-02-0558 BAKER ROSS, SUSAN 11/20/2023 15:09:48 PM NSIS Page 3 of 7 Subpoena Ohio Civil Rule 45 State of Ohio Summit County SS. JOHN DOE, Case No. CV 2023 02 0558 PLAINTIFF, JUDGE SUSAN BAKER ROSS ve JANE DOE DEFENDANTS. To: Jeff Daberko Chief/Director of JCUPD and Records Custodian John Carroll University 1 John Carroll Boulevard University Heights, Ohio 44118 (] You Are Commanded to APPEAR AT THE PLACE, DATE AND TIME SPECIFIED BELOW TO TESTIFY IN THE ABOVE CASE, [x] You Are Commanded to PRODUCE AND PERMIT INSPECTION, COPYING, TESTING OR SAMPLING OF THE FOLLOWING DOCUMENTS OR OBJECTS AT THE PLACE, DATE, AND TIME SPECIFIED BELOW (LIsT DOCUMENTS OR OBJECTS): PLEASE SEE EXHIBIT A — DUCES TECUM. [Xx] In Lieu of Appearance, VERIFIED COPIES OF THE IDENTIFIED RECORDS MAY BE PRODUCED TO THE UNDERSIGNED IN ADVANCE OF SCHEDULED DATE. PLACE: Gallagher Sharp, LLP 1215 Superior Avenue, 7" Floor, Cleveland, Ohio 44114 DATE: November 22, 2023 TIME: 10:00 a.m. To insure taxation of their fees, witnesses must report each attendance to the clerk of courts for the above captioned county. Section 2335.06 of the Ohio Revised Code provides that witnesses are entitled to receive $12.00 for eac! ch full day's attendance and $6.00 for each half day’s attendance, plus ten cents per mile traveled to and from his place of residence outside of the City of Cleveland proper. Such fees are taxed as costs and mailed to the witness upon payment of costs Issuing Attorney: Rachel L. Bagnolo GALLAGHER SHARP 1215 Superior Avenue, 7" Floor Cleveland, Ohio 44114 (216) 241-5310 Attorney for Jane Doe SIGNATURE ~f{ AR LP Da 1B Sandra Kurt, Summit County Clerk of Courts CV-2023-02-0558 BAKER ROSS, SUSAN 11/20/2023 15:09:48 PM NSIS Page 4 of 7 THE STATE OF OHIO SS. Summit County Affidavit of Service of Subpoena by Attorney or Process Server On the 9th date of November » 2023, I served this Subpoena on the within named: Jeff Daberko Chief/Director of JCUPD and Records Custodian, ‘as follows: Via Certified Mail signed for by Melanie Boggs sy 4H FY Astotiiey/Process Servet QZ AGeaE a pe CATHERINE L. MANKO Subscribed and orn to before me, a NOTARY PU! y day of Se EZ This bee. »,2023. NOTARY PUBLIC, STATE OF OHIO , Marko oe My Comission Expires 3114/2028 RULE 45. RULES OF CIVIL PROCEDURE, PARTS C & D (D) Duties in resp’ fubpoena, (C) Protection of persons subject to subpoenas. (1) A person responding to a subpoena to produce documents shall, at (1) A party or an attorney responsible for the issuance and service of the person's option, produce them as they are kept in the usual course a subpoena shall take reasonable steps to avoid imposing undue of business or organized and labeled to correspond with the burden or expense on a person subject to that subpoena. categories in the subpoena. A person producing documents or (2)(a) A person commanded to produce under divisions (A)(1)(b)(ii), electronically stored information pursuant to a subpoena for them ii), (iv), or (v) of this rule need not appear in person at the place of shall permit their inspection and copying by all parties present at the production or inspection unless commanded to attend and give time and place set in the subpoena for inspection and copying, testimony at a deposition, hearing, or trial. (2) If a request does not specify the form or forms for producing (b) Subject to division (D)(2) of this rule, a person commanded to electronically stored information, a person responding to a subpoena produce under divisions (A)(1)(b)(ii), (iii), (iv), or (v) of this rule may produce the information in a form or forms in which the may, within fourteen days after service of the subpoena or before the information is ordinarily maintained if that form is reasonably time specified for compliance if such time is less than fourteen days useable, or in any form that is reasonably useable. Unless ordered by after service, serve upon the party or attorney designated in the the court or agreed to by the person subpoenaed, a person responding subpoena written objections to production. If objection is made, the to a subpoena need not produce the same electronically stored party serving the subpoena shall not be entitled to production except information in more than one form. pursuant to an order of the court by which the subpoena was issued. (3) A person need not provide discovery of electronically stored If objection has been made, the party serving the subpoena, upon information when the production imposes undue burden or expense. notice to the person commanded to produce, may move at any time On motion to compel discovery or for a protective order, the person for an order to compel the production. An order to compel production from whom electronically stored information is sought must show shall protect any person who is not a party or an officer of a party that the information is not reasonably accessible because of undue from significant expense resulting from the production commanded. burden or expense. If a showing of undue burden or expense is made, (3) On timely motion, the court from which the subpoena was issued the court may nonetheless order production of electronically stored shall quash or modify the subpoena, or order appearance or information if the requesting party shows good cause. The court shall production only under specified conditions, if the subpoena does any consider the factors in Civ. R. 26(B)(4) when determining if good of the following: cause exists. In ordering production of electronically stored (a) Fails to allow reasonable time to comply; information, the court may specify the format, extent, timing, (b) Requires disclosure of privileged or otherwise protected matter allocation of expenses and other conditions for the discovery of the and no exception or waiver applies; electronically stored information. (6) Requires disclosure ofa fact known or opinion held by an expert (4) When information subject to a subpoena is withheld on a claim not retained or specially employed by any party in anticipation of that it is privileged or subject to protection as trial preparation litigation or preparation for trial as described by Civ. R. 26(B)(4), if materials, the claim shall be made expressly and shall be supported the fact or opinion does not describe specific events or occurrences in by a description of the nature of the documents, communications, or dispute and results from study by that expert that was not made at the things not produced that is sufficient to enable the demanding party request of any party; to contest the claim. (d) Subjects a person to undue burden. (5) If information is produced in response to a subpoena that is (4) Before filing a motion pursuant to division (C3)(4) of this rule, a subject to a claim of privilege or of protection as trial-preparation person resisting discovery under this rule shall attempt to resolve any material, the person making the claim may notify any party that claim of undue burden through discussions with the issuing attorney. received the information of the claim and the basis for it. After being A motion filed pursuant to division (C)(3)(d) of this rule shall be notified, a receiving party must promptly return, sequester, or destroy supported by an affidavit of the subpoenaed person or a certificate of the specified information and any copies within the party’s that person’s attomey of the efforts made to resolve any claim of possession, custody or control. A party may not use or disclose the undue burden. information until the claim is resolved. A receiving party may (3) If a motion is made under division (C)(3)(c) or (C)(3)(4) of this promptly present the information to the court under seal for a rule, the court shall quash or modify the subpoena unless the party in determination of the claim of privilege or of protection as trial- whose behalf the subpoena is issued shows a substantial need for the preparation material. If the receiving party disclosed the information testimony or material that cannot be otherwise met without undue before being notified, it must take reasonable steps to retrieve it. The hardship and assures that the person to whom the subpoena is person who produced the information must preserve the information addressed will be reasonably compensated. until the claim is resolved. Sandra Kurt, Summit County Clerk of Courts CV-2023-02-0558 BAKER ROSS, SUSAN 11/20/2023 15:09:48 PM NSIS Page 5 of 7 $s uoogEST8oo6 FZ ii Be 5 lo hS555223ae gano ooo oo oe fei i, \) ths 2 Ra) h ts cy ity i Se Bee ifma SS ~~=~ sas fee 52 3) 28 3 8 ggee ue 338 Os 3| as < 33 622 sookopooo —= 19 85 a a0 ESs — O 8 52 a8 sé 636 £2 Bo 3 o® = Avss 25 an 53 pe 285 = = oO g = 58o Bo 5 ca = or © ge =a ae £Ss £218 Se ee es Sag clo ag omen 0) a ee =o 2% 6 me Up BB oa Sandra Kurt, Summit County Clerk of Courts CV-2023-02-0558 BAKER ROSS, SUSAN 11/20/2023 15:09:48 PM NSIS Page 6 of 7 EXHIBIT “A” (Duces Tecum) Pursuant to Rule 45 of the Ohio Rules of Civil Procedure, the person(s) responsible for maintaining and having custody of the following described documents to whom the attached subpoena is directed shall produce the requested documents for inspection and copying at the time, date and place specified in the subpoena to which this duces tecum is attached. The records and documents sought herein are to be produced as they are kept in the ordinary course of business. This subpoena duces tecum may be complied with by mailing copies of all requested documents to the counsel identified on the attached subpoena on or before the date specified in the subpoena, along with a sworn declaration or affidavit from a designated and authorized records custodian verifying and attesting to the fact that, following a diligent search, each and every document sought and/or each and every document which relates or refers to the below- described categories has been located and produced. DEFINITIONS “Document” includes: A Any and all information in tangible form and shall include, without limitation, regardless of origin or location, letters, emails, memoranda, correspondence, records, financial statements, computer stored information, canceled checks, ledgers, invoices, bills and other evidence of indebtedness, or any other written or recorded material in your possession and/or control. It shall also mean all electronically stored information whether stored on disk, hard drive, network server, or in other form. It shall also mean all drafts and non-identical copies of documents by whatever means made; Copies of such documents upon which appear any initialing, notations, or handwriting of any kind not appearing on the original; Such documents, whether they be prepared by your agent, employee, consultant, representative or attorney, for their own use or transmittal in any manner, or received by any means by you; and Sandra Kurt, Summit County Clerk of Courts CV-2023-02-0558 BAKER ROSS, SUSAN 11/20/2023 15:09:48 PM NSIS Page 7 of 7 D. Such documents, wherever located, whether in the files of your agent, employee, representative or attomey, or in any file in your possession or direction or control. DOCUMENTS REQUESTED TO BE PRODUCED Pursuant to Rule 45 of the Ohio Rules of Civil Procedure, the following documents are to be produced for inspection and copied in the manner in which the documents are kept in the ordinary course of business. Please produce the requested information electronically in native format, where possible. Please produce the following records related to Ryan Neistadt from January 1, 2019 to present: Any and all disciplinary records; Any and all Title IX records; Any and all academic transcripts; Any and all financial aid and scholarship information; Any and all complaint and investigatory materials; Any and all applications for admission; Any and all no-contact orders; Any and all education records; 9 Complete student file; and 10, Any and all student conduct records. Respectfully submitted, /s/ Rachel L. Bagnolo JOSEPH MONROE II (0086540) RACHEL L, BAGNOLO (0097865) GALLAGHER SHARP LLP 1215 Superior Avenue, 7" Floor Cleveland, Ohio 44114 PH: 216-241-5310 FAX: 216-241-1608 E-Mail: jmonroe allaghers| com rbagnolo@gallaghersharp.com Attorney for Defendant Jane Doe Sandra Kurt, Summit County Clerk of Courts