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IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
DEAN DENNIS, ef al, ) CASE NO. 21-cv-006832
Plaintiffs, ) JUDGE SHERYL K. MUNSON
v
STIPULATED PROTECTIVE ORDER
STATE TEACHERS RETIREMENT
BOARD,
Defendants.
The Court, having been advised that the Parties have reached agreement regarding the
production or disclosure of certain confidential or private information, documents or things, as
described below, and that the disclosure of such Confidential Information without reasonable
restriction on its use may cause harm, damage, loss, embarrassment or disadvantage to the
Producing Party,! the Parties being in agreement and the Court being fully and duly advised in the
premises, IT IS HEREBY ORDERED.
1 Scope. All materials produced or adduced in the course of discovery, including
initial disclosures, responses to discovery requests, deposition testimony and exhibits, and
information derived directly therefrom (hereinafter collectively “documents”), shall be subject to
this Order concerning Confidential Information as defined below. This Order is subject to any
1 For purposes of this Order, the term “Producing Party” shall be defined as any Party or non-party who is required
to produce or provide materials, testimony, hardcopy documents or “ESI,” as defined in the Stipulated Protocol For
Electronically Stored Information and Hard Copy Documents. “Producing Party” includes non-parties who receive a
subpoena. The term “Receiving Party” shall be defined as any party or non-party who receives materials, testimony,
hard copy documents, or ESI.
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applicable Local Rule and the Ohio Rules of Civil Procedure on matters of procedure and
calculation of time periods.
2 Confidential Information. As used in this Order, “Confidential Information”
means information designated as “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER”
by the Producing Party that falls within one or more of the following categories: (a) documents
that the Producing Party believes in good faith are entitled to protection under Rule 26(C) of the
Ohio Rules of Civil Procedure, any applicable Local Rules, other applicable Ohio law, or federal,
state, or foreign data protection laws, and other privacy regulations and obligations; or (b)
information that reveals trade secrets, competitively sensitive technical, marketing, financial, sales
or other confidential business information or that contains information received in confidence from
third parties, or (c) medical information concerning any individual; or (d) personal identity
information; or (e) income tax returns (including attached schedules and forms), W- ind
a
109' or (f) personnel or employment records. Information or documents that al ble
tot he may not be designated as Confidential Information
3 Designation.
a. Procedure. A Producing Party may designate a document as Confidential
Information for protection under this Order by placing or affixing the words
“CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” on the document and on all
copies in a manner that will not interfere with the legibility of the document. If a party
produces a document that contains Confidential Information in native format, the native
file shall be renamed to include the confidentiality designation, as set forth in the Stipulated
Protocol For Electronically Stored Information and Hard Copy Document, entered in this
action. As used in this Order, the term “copies” includes electronic images, duplicates,
extracts, notes, summaries or descriptions that contain the Confidential Information. The
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marking “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” shall be applied
prior to or at the time that the documents are produced or disclosed. Applying the marking
“CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” to a document 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. Any copies made of any documents marked
“CONFIDENTIAL -SUBJECT TO PROTECTIVE ORDER” shall also be so marked,
except that indices, electronic databases or lists of documents that do not contain
substantial portions or images of the text of marked documents and do not otherwise
disclose the substance of the Confidential Information are not required to be marked.
b Designation of Documents by Receiving Party. Any party to this Order may
designate as Confidential Information any document produced by another party or third
party, which document(s) shall remain designated as Confidential Information under this
Order unless that designation is successfully challenged pursuant to paragraph 9. This
provision does not apply to documents designated as Confidential Information by the
Producing Party who produced those documents.
Cc. Inadvertent Failure to Designate. An inadvertent failure to designate a
document as Confidential Information does not waive the right to subsequently so
designate the document; provided, however, that a failure to serve a timely Notice of
Designation of deposition testimony as required by this Order at Paragraph 5, even if
inadvertent, waives any protection for deposition testimony. If a party designates a
document as Confidential Information after it was initially produced, the Receiving Party,
on notification of the designation, must make a reasonable effort to assure that the
document is treated in accordance with the provisions of this Order. No party shall be found
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to have violated this Order for failing to maintain the confidentiality of material during a
time when that material has not been designated Confidential Information.
d Inspection of Materials Prior to Production. In the event that documents,
materials or other information are made subject to inspection prior to their production, no
marking of those materials need be made by the Producing Party at the time of that
inspection. For purposes of such an inspection, all materials made available for the
inspection shall be considered Confidential Information and subject to this Order at the
time of the inspection. Thereafter, if any materials subject to that inspection are produced
and the Producing Party wishes those materials to be considered Confidential Information
under this Order, the producing party shall so designate them in accordance with the
procedures set forth in this Order.
4 Confidential Information may include any information that a Producing Party
reasonably believes to be subject to federal, state or foreign data protection laws or other privacy
laws.
5 Depositions. With respect to any depositions that involve the disclosure of
Confidential Information of a Party to this action, such Party shall have fourteen (14) days after
delivery of the final deposition transcript to serve a Notice of Designation to all parties of record
identifying the specific portions of the transcript that are designated Confidential Information, and
thereafter those portions identified in the Notice of Designation shall be protected under the terms
of this Order. No such deposition transcript shall be disclosed to any individual other than the
individuals permitted under this Order during these fourteen (14) days. Upon being timely
informed that specific portions of the deposition are designated as Confidential Information, all
parties shall limit disclosure of that transcript in accordance with this Order. The time frames set
forth in this paragraph may be extended by agreement of the parties.
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6 Protection of Confidential Material
a. General Protections. Confidential Information shall not be used or disclosed
by the parties, counsel for the parties or any other persons identified in subparagraph (b)
for any purpose whatsoever other than in this action or as set forth in subparagraph (c),
which includes 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 Information to any third
person or entity except as set forth in subparagraphs (1)-(9) below. Subject to these
requirements, the following categories of persons may be allowed to review Confidential
Information: (1) Outside counsel for the parties and employees of outside counsel who
have responsibility for the action and in-house counsel for the parties. Any outside counsel
who receives Confidential Information but who has not filed a notice of appearance in this
action must complete the Acknowledgement of Understanding and Agreement to Be
Bound by the Protective Order; (2) individual parties and officers, directors, trustees,
employees, agents or representatives of a party but only to the extent counsel determines
in good faith that their assistance is reasonably necessary to the conduct of and decisions
related to the litigation in which the information is disclosed; (3) the Court, any Special
Master appointed by the Court and their personnel; (4) court reporters and recorders
engaged for depositions and/or hearings; (5) those persons specifically engaged for the
limited purpose of making copies of documents or organizing or processing documents,
including outside vendors hired to process electronically stored documents but only after
such persons have completed the certification contained in Attachment A
(“Acknowledgment of Understanding and Agreement to Be Bound by Protective Order”);
(6) consultants, investigators, litigation support personnel or experts employed by the
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parties or counsel for the parties, including their staff, employees, and agents whose duties
and responsibilities require access to such materials, to assist in the preparation for pretrial
discovery, trial of this action and/or hearings but only after such persons have completed
the Acknowledgment of Understanding and Agreement to Be Bound by Protective Order;
(7) during their depositions, or in preparation for their trial or deposition testimony,
witnesses in this action to whom disclosure is reasonably necessary; (8) the author or
recipient of the document in the regular course of business (not including a person who
received the document in the course of litigation); and (10) other persons only by written
consent of the Producing Party or upon order of the Court and on such conditions as may
be agreed upon or ordered.
Cc. All Confidential Information shall be used by the parties solely for the
necessary purposes of the prosecution or defense of this action.
d Confidential Information shall not be used by the Receiving Party in any
other litigation, current or anticipated, or for any business, commercial, competitive,
personal or other purpose, and shall not be disclosed by the Receiving Party to anyone
other than those set forth in Paragraph 6(b). It is, however, understood that counsel for a
party may give advice and opinions to his or her client solely relating to the above-
captioned action based on his or her evaluation of Confidential Information, provided that
such advice and opinions shall not reveal the content of such Confidential Information
except by prior written agreement of counsel for the parties, or by order of the Court
€. Control of Documents. Counsel for the parties shall make reasonable efforts
to prevent unauthorized or inadvertent disclosure of Confidential Information. Counsel
shall maintain the original Acknowledgement of Understanding and Agreement to Be
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Bound by the Protective Order form signed by persons acknowledging their obligations
under this Order for a period of at least three (3) years after the termination of the case.
7 Filing of Confidential Information. To the extent Confidential Information is
filed in connection with a motion, brief or other submission to the Court, it must be filed under
seal, unless a Court orders otherwise. This Order does not, standing alone, authorize the filing of
any document under seal. Any party wishing to file a document designated as Confidential
Information must comply with any applicable rule or law for filing documents under seal.
8 No Greater Protection of Specific Documents. Except on grounds of privilege
not addressed by this Order, no party may withhold information from discovery on the ground that
it requires protection greater than that afforded by this Order unless the party moves for an order
providing such special protection
9 Challenges by a Party to Designation as Confidential Information. The
designation of any material or document as Confidential Information is subject to challenge by
any party. The following procedure shall apply to any such challenge.
a. Meet_and Confer. A party challenging the designation of Confidential
Information must do so in good faith and must begin the process by conferring directly
with counsel for the designating party, or directly with a party who is appearing pro se. In
conferring, the challenging party must explain in writing, the basis for its belief that the
confidentiality designation was not proper. The designating party shall have an opportunity
to review the designated material, to reconsider the designation, and, if no change in
designation is offered, to explain the basis for the designation. The designating party must
respond to the challenge within five (5) business days.
b Judicial Intervention. A party who elects to challenge a confidentiality
designation shall present the dispute to the Court initially by letter, before filing a formal
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motion. If the issue is not resolved by this means, or by order of the Court, a party may file
and serve a motion that identifies the challenged material and sets forth in detail the basis
for the challenge. Each such motion must be accompanied by a competent certification that
affirms that the movant has complied with the meet-and-confer requirements of this Order
The burden of persuasion in any such challenge proceeding shall be on the designating
party/Producing Party. Until the Court rules on the challenge, all parties shall continue to
treat the materials as Confidential Information under the terms of this Order.
10. Action by the Court. Nothing in this Order or any action or agreement of a party
under this Order shall limit the Court’s authority to make orders concerning the disclosure of
documents produced in discovery or at trial.
11. Use of Confidential Documents or Information at Trial. Nothing in this Order
shall be construed to affect the use of any document, material, or information at any trial or hearing.
A party who intends to present Confidential Information at a hearing or trial may only do so after
first giving notice to the other parties and as directed by the Court.
12. Confidential Information Subpoenaed or Ordered Produced in Other Litigation.
a. If a Receiving Party is served with a subpoena or an order issued in other
litigation or investigation that would compel disclosure of any material or document
designated in this action as Confidential Information, the Receiving Party must so notify
the designating party, in writing, immediately and in no event more than three (3) court
days after receiving the subpoena or order. Such notification must include a copy of the
subpoena or court order.
b The Receiving Party also must immediately inform, in writing, the person
or entity that caused the subpoena or order to issue in the other litigation that some or all
of the material covered by the subpoena or order is the subject of this Order. In addition,
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the Receiving Party must deliver a copy of this Order promptly to the party in the other
action that caused the subpoena to issue.
Cc. The purpose of imposing these duties is to alert the issuing person or entity
to the existence of this Order and to afford the designating party in this case an opportunity
to make attempts to protect its Confidential Information in the court from which the
subpoena or order issued. The designating party shall bear the burden and the expense of
seeking protection in that court of its Confidential Information, and 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. The obligations set forth in this
paragraph remain in effect while the party has in its possession, custody or control
Confidential Information by the other party to this case
13 Obligations upon Conclusion of Litigation.
a. Order Continues in Force. Unless otherwise agreed upon in writing or
ordered by the Court, this Order shall remain in force after dismissal or entry of final
judgment not subject to further appeal
b Obligations upon Conclusion of Action. Within ninety (90) days after
dismissal or entry of final judgment not subject to further appeal in this action, the
Producing Party may make demand upon the Receiving Party to return or destroy all
materials considered Confidential Information under this Order, including “copies” as
defined above, except as this Court may otherwise order.
14. Order Subject to Modification. This Order shall be subject to modification by the
Court on its own initiative or on motion of a party or any other person with standing concerning
the subject matter.
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15. 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 document or material
designated Confidential Information by counsel or the parties is entitled to 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.
16. Persons Bound. This Order shall take effect when entered and shall be binding
upon all counsel of record and their law firms, the parties, and persons made subject to this Order
by its terms.
DATED
JUDGE SHERYL K. MUNSON
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Order prepared and agreed to by
/s/ (with consent via email) /s/ Karl A. Bekeny
Jeffrey S. Goldenberg Karl A. Bekeny (0075332) (Trial Counsel)
Todd B. Naylor Benjamin C. Sassé (0072856)
GOLDENBERG SCHNEIDER, LPA Michael J. Ruttinger (0083580)
4445 Lake Forest Drive, Suite 490 Elisabeth C. Arko (0095895)
Cincinnati, OH 45242 Tucker Ellis LLP
Phone: 513.345.8291 950 Main Avenue Suite 1100
Fax 513 345 82 94 Cleveland, OH 44113-7213
older S egal cont
Tel: 216.592.5000
Fax: 216. 592.5009
naylorOF legal com
E-mail is}
b: Ub
Stephen E. Imm
er HM
Matthew S. Okiishi
et OUT
FINNEY LAW FIRM, LLC
4270 Ivy Pointe Blvd., Suite 225
Scott J. Stitt (0073943)
Cincinnati, OH 45245 Tucker Ellis LLP
stephen finneviawfirn.com 175 S. Third Street, Suite 520
mankye inevlawfinm. com Columbus, OH 43215-7101
Tel 614.358.9717
Paul J. Minnillo Fax 614.385 9712
MINNILLO LAW GROUP CO. LPA E-mail:
2712 Observatory Avenue
Cincinnati, OH 45208
Phone: 513.723.1600 Attorneys for Defendant the State Teachers
Fax: 513.723.1620 Retirement Board
pi ue-lpa.com
David J. Butler
James D. Abrams
TAFT STETTINIUS & HOLLISTER, LLP
65 E. State Street, Suite 1000
Columbus, OH 43215
Phone: 614.221.2838
Fax: 614.221.2007
Us
dbutler Aaw.com
abrams@iafilaw. com
Attorneys for Plaintiffs Dean Dennis, Bob
Buerkle, and all others similarly situated.
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ATTACHMENT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
The undersigned hereby acknowledges that he/she has read the Protective Order dated
in the above-captioned action and attached hereto, understands
the terms thereof and agrees to be bound by those terms. The undersigned submits to the
jurisdiction of the Franklin County Court of Common Pleas, Ohio in matters relating to the
aforementioned and attached Protective Order and understands that the terms of the Order obligate
him/her to use materials designated as Confidential Information in accordance with the Order
solely for the purposes of the above-captioned action, and not to disclose any such Confidential
Information to any other person, firm or concern. The undersigned acknowledges that violation of
the Protective Order may result in penalties for contempt of court.
Name (printed)
Job Title
Employer:
Business Address:
Date:
Signature:
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Franklin County Court of Common Pleas
Date: 05-15-2023
Case Title: DEAN DENNIS ET AL -VS- STATE TEACHERS RETIREMENT
BOARD
Case Number: 21CV006832
Type: ORDER
It Is So Ordered.
\2 et
Ko ink$ AG
/s/ Judge Sheryl K. Munson
Electronically signed on 2023-May-15 page 13 of 13
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 15 1:30 PM-21CV006832 0G388 - S4 IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO DEAN DENNIS, ef al, ) CASE NO. 21-cv-006832 Plaintiffs, ) JUDGE SHERYL K. MUNSON v STIPULATED PROTECTIVE ORDER STATE TEACHERS RETIREMENT BOARD, Defendants. The Court, having been advised that the Parties have reached agreement regarding the production or disclosure of certain confidential or private information, documents or things, as described below, and that the disclosure of such Confidential Information without reasonable restriction on its use may cause harm, damage, loss, embarrassment or disadvantage to the Producing Party,! the Parties being in agreement and the Court being fully and duly advised in the premises, IT IS HEREBY ORDERED. 1 Scope. All materials produced or adduced in the course of discovery, including initial disclosures, responses to discovery requests, deposition testimony and exhibits, and information derived directly therefrom (hereinafter collectively “documents”), shall be subject to this Order concerning Confidential Information as defined below. This Order is subject to any 1 For purposes of this Order, the term “Producing Party” shall be defined as any Party or non-party who is required to produce or provide materials, testimony, hardcopy documents or “ESI,” as defined in the Stipulated Protocol For Electronically Stored Information and Hard Copy Documents. “Producing Party” includes non-parties who receive a subpoena. The term “Receiving Party” shall be defined as any party or non-party who receives materials, testimony, hard copy documents, or ESI. 5959164.1 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 15 1:30 PM-21CV006832 0G388 - S5 applicable Local Rule and the Ohio Rules of Civil Procedure on matters of procedure and calculation of time periods. 2 Confidential Information. As used in this Order, “Confidential Information” means information designated as “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” by the Producing Party that falls within one or more of the following categories: (a) documents that the Producing Party believes in good faith are entitled to protection under Rule 26(C) of the Ohio Rules of Civil Procedure, any applicable Local Rules, other applicable Ohio law, or federal, state, or foreign data protection laws, and other privacy regulations and obligations; or (b) information that reveals trade secrets, competitively sensitive technical, marketing, financial, sales or other confidential business information or that contains information received in confidence from third parties, or (c) medical information concerning any individual; or (d) personal identity information; or (e) income tax returns (including attached schedules and forms), W- ind a 109' or (f) personnel or employment records. Information or documents that al ble tot he may not be designated as Confidential Information 3 Designation. a. Procedure. A Producing Party may designate a document as Confidential Information for protection under this Order by placing or affixing the words “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” on the document and on all copies in a manner that will not interfere with the legibility of the document. If a party produces a document that contains Confidential Information in native format, the native file shall be renamed to include the confidentiality designation, as set forth in the Stipulated Protocol For Electronically Stored Information and Hard Copy Document, entered in this action. As used in this Order, the term “copies” includes electronic images, duplicates, extracts, notes, summaries or descriptions that contain the Confidential Information. The 2 5959164.1 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 15 1:30 PM-21CV006832 0G388 - S6é marking “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” shall be applied prior to or at the time that the documents are produced or disclosed. Applying the marking “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” to a document 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. Any copies made of any documents marked “CONFIDENTIAL -SUBJECT TO PROTECTIVE ORDER” shall also be so marked, except that indices, electronic databases or lists of documents that do not contain substantial portions or images of the text of marked documents and do not otherwise disclose the substance of the Confidential Information are not required to be marked. b Designation of Documents by Receiving Party. Any party to this Order may designate as Confidential Information any document produced by another party or third party, which document(s) shall remain designated as Confidential Information under this Order unless that designation is successfully challenged pursuant to paragraph 9. This provision does not apply to documents designated as Confidential Information by the Producing Party who produced those documents. Cc. Inadvertent Failure to Designate. An inadvertent failure to designate a document as Confidential Information does not waive the right to subsequently so designate the document; provided, however, that a failure to serve a timely Notice of Designation of deposition testimony as required by this Order at Paragraph 5, even if inadvertent, waives any protection for deposition testimony. If a party designates a document as Confidential Information after it was initially produced, the Receiving Party, on notification of the designation, must make a reasonable effort to assure that the document is treated in accordance with the provisions of this Order. No party shall be found 5959164.1 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 15 1:30 PM-21CV006832 0G388 - S7 to have violated this Order for failing to maintain the confidentiality of material during a time when that material has not been designated Confidential Information. d Inspection of Materials Prior to Production. In the event that documents, materials or other information are made subject to inspection prior to their production, no marking of those materials need be made by the Producing Party at the time of that inspection. For purposes of such an inspection, all materials made available for the inspection shall be considered Confidential Information and subject to this Order at the time of the inspection. Thereafter, if any materials subject to that inspection are produced and the Producing Party wishes those materials to be considered Confidential Information under this Order, the producing party shall so designate them in accordance with the procedures set forth in this Order. 4 Confidential Information may include any information that a Producing Party reasonably believes to be subject to federal, state or foreign data protection laws or other privacy laws. 5 Depositions. With respect to any depositions that involve the disclosure of Confidential Information of a Party to this action, such Party shall have fourteen (14) days after delivery of the final deposition transcript to serve a Notice of Designation to all parties of record identifying the specific portions of the transcript that are designated Confidential Information, and thereafter those portions identified in the Notice of Designation shall be protected under the terms of this Order. No such deposition transcript shall be disclosed to any individual other than the individuals permitted under this Order during these fourteen (14) days. Upon being timely informed that specific portions of the deposition are designated as Confidential Information, all parties shall limit disclosure of that transcript in accordance with this Order. The time frames set forth in this paragraph may be extended by agreement of the parties. 4 5959164.1 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 15 1:30 PM-21CV006832 0G388 - S8 6 Protection of Confidential Material a. General Protections. Confidential Information shall not be used or disclosed by the parties, counsel for the parties or any other persons identified in subparagraph (b) for any purpose whatsoever other than in this action or as set forth in subparagraph (c), which includes 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 Information to any third person or entity except as set forth in subparagraphs (1)-(9) below. Subject to these requirements, the following categories of persons may be allowed to review Confidential Information: (1) Outside counsel for the parties and employees of outside counsel who have responsibility for the action and in-house counsel for the parties. Any outside counsel who receives Confidential Information but who has not filed a notice of appearance in this action must complete the Acknowledgement of Understanding and Agreement to Be Bound by the Protective Order; (2) individual parties and officers, directors, trustees, employees, agents or representatives of a party but only to the extent counsel determines in good faith that their assistance is reasonably necessary to the conduct of and decisions related to the litigation in which the information is disclosed; (3) the Court, any Special Master appointed by the Court and their personnel; (4) court reporters and recorders engaged for depositions and/or hearings; (5) those persons specifically engaged for the limited purpose of making copies of documents or organizing or processing documents, including outside vendors hired to process electronically stored documents but only after such persons have completed the certification contained in Attachment A (“Acknowledgment of Understanding and Agreement to Be Bound by Protective Order”); (6) consultants, investigators, litigation support personnel or experts employed by the 5 5959164.1 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 15 1:30 PM-21CV006832 0G388 - S9 parties or counsel for the parties, including their staff, employees, and agents whose duties and responsibilities require access to such materials, to assist in the preparation for pretrial discovery, trial of this action and/or hearings but only after such persons have completed the Acknowledgment of Understanding and Agreement to Be Bound by Protective Order; (7) during their depositions, or in preparation for their trial or deposition testimony, witnesses in this action to whom disclosure is reasonably necessary; (8) the author or recipient of the document in the regular course of business (not including a person who received the document in the course of litigation); and (10) other persons only by written consent of the Producing Party or upon order of the Court and on such conditions as may be agreed upon or ordered. Cc. All Confidential Information shall be used by the parties solely for the necessary purposes of the prosecution or defense of this action. d Confidential Information shall not be used by the Receiving Party in any other litigation, current or anticipated, or for any business, commercial, competitive, personal or other purpose, and shall not be disclosed by the Receiving Party to anyone other than those set forth in Paragraph 6(b). It is, however, understood that counsel for a party may give advice and opinions to his or her client solely relating to the above- captioned action based on his or her evaluation of Confidential Information, provided that such advice and opinions shall not reveal the content of such Confidential Information except by prior written agreement of counsel for the parties, or by order of the Court €. Control of Documents. Counsel for the parties shall make reasonable efforts to prevent unauthorized or inadvertent disclosure of Confidential Information. Counsel shall maintain the original Acknowledgement of Understanding and Agreement to Be 5959164.1 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 15 1:30 PM-21CV006832 0G388 - S1 Bound by the Protective Order form signed by persons acknowledging their obligations under this Order for a period of at least three (3) years after the termination of the case. 7 Filing of Confidential Information. To the extent Confidential Information is filed in connection with a motion, brief or other submission to the Court, it must be filed under seal, unless a Court orders otherwise. This Order does not, standing alone, authorize the filing of any document under seal. Any party wishing to file a document designated as Confidential Information must comply with any applicable rule or law for filing documents under seal. 8 No Greater Protection of Specific Documents. Except on grounds of privilege not addressed by this Order, no party may withhold information from discovery on the ground that it requires protection greater than that afforded by this Order unless the party moves for an order providing such special protection 9 Challenges by a Party to Designation as Confidential Information. The designation of any material or document as Confidential Information is subject to challenge by any party. The following procedure shall apply to any such challenge. a. Meet_and Confer. A party challenging the designation of Confidential Information must do so in good faith and must begin the process by conferring directly with counsel for the designating party, or directly with a party who is appearing pro se. In conferring, the challenging party must explain in writing, the basis for its belief that the confidentiality designation was not proper. The designating party shall have an opportunity to review the designated material, to reconsider the designation, and, if no change in designation is offered, to explain the basis for the designation. The designating party must respond to the challenge within five (5) business days. b Judicial Intervention. A party who elects to challenge a confidentiality designation shall present the dispute to the Court initially by letter, before filing a formal 7 5959164.1 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 15 1:30 PM-21CV006832 0G388 - S1 motion. If the issue is not resolved by this means, or by order of the Court, a party may file and serve a motion that identifies the challenged material and sets forth in detail the basis for the challenge. Each such motion must be accompanied by a competent certification that affirms that the movant has complied with the meet-and-confer requirements of this Order The burden of persuasion in any such challenge proceeding shall be on the designating party/Producing Party. Until the Court rules on the challenge, all parties shall continue to treat the materials as Confidential Information under the terms of this Order. 10. Action by the Court. Nothing in this Order or any action or agreement of a party under this Order shall limit the Court’s authority to make orders concerning the disclosure of documents produced in discovery or at trial. 11. Use of Confidential Documents or Information at Trial. Nothing in this Order shall be construed to affect the use of any document, material, or information at any trial or hearing. A party who intends to present Confidential Information at a hearing or trial may only do so after first giving notice to the other parties and as directed by the Court. 12. Confidential Information Subpoenaed or Ordered Produced in Other Litigation. a. If a Receiving Party is served with a subpoena or an order issued in other litigation or investigation that would compel disclosure of any material or document designated in this action as Confidential Information, the Receiving Party must so notify the designating party, in writing, immediately and in no event more than three (3) court days after receiving the subpoena or order. Such notification must include a copy of the subpoena or court order. b The Receiving Party also must immediately inform, in writing, the person or entity that caused the subpoena or order to issue in the other litigation that some or all of the material covered by the subpoena or order is the subject of this Order. In addition, 8 5959164.1 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 15 1:30 PM-21CV006832 0G388 - S1 the Receiving Party must deliver a copy of this Order promptly to the party in the other action that caused the subpoena to issue. Cc. The purpose of imposing these duties is to alert the issuing person or entity to the existence of this Order and to afford the designating party in this case an opportunity to make attempts to protect its Confidential Information in the court from which the subpoena or order issued. The designating party shall bear the burden and the expense of seeking protection in that court of its Confidential Information, and 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. The obligations set forth in this paragraph remain in effect while the party has in its possession, custody or control Confidential Information by the other party to this case 13 Obligations upon Conclusion of Litigation. a. Order Continues in Force. Unless otherwise agreed upon in writing or ordered by the Court, this Order shall remain in force after dismissal or entry of final judgment not subject to further appeal b Obligations upon Conclusion of Action. Within ninety (90) days after dismissal or entry of final judgment not subject to further appeal in this action, the Producing Party may make demand upon the Receiving Party to return or destroy all materials considered Confidential Information under this Order, including “copies” as defined above, except as this Court may otherwise order. 14. Order Subject to Modification. This Order shall be subject to modification by the Court on its own initiative or on motion of a party or any other person with standing concerning the subject matter. 5959164.1 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 15 1:30 PM-21CV006832 0G388 - S1 15. 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 document or material designated Confidential Information by counsel or the parties is entitled to 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. 16. Persons Bound. This Order shall take effect when entered and shall be binding upon all counsel of record and their law firms, the parties, and persons made subject to this Order by its terms. DATED JUDGE SHERYL K. MUNSON 10 5959164.1 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 15 1:30 PM-21CV006832 0G388 - S1 Order prepared and agreed to by /s/ (with consent via email) /s/ Karl A. Bekeny Jeffrey S. Goldenberg Karl A. Bekeny (0075332) (Trial Counsel) Todd B. Naylor Benjamin C. Sassé (0072856) GOLDENBERG SCHNEIDER, LPA Michael J. Ruttinger (0083580) 4445 Lake Forest Drive, Suite 490 Elisabeth C. Arko (0095895) Cincinnati, OH 45242 Tucker Ellis LLP Phone: 513.345.8291 950 Main Avenue Suite 1100 Fax 513 345 82 94 Cleveland, OH 44113-7213 older S egal cont Tel: 216.592.5000 Fax: 216. 592.5009 naylorOF legal com E-mail is} b: Ub Stephen E. Imm er HM Matthew S. Okiishi et OUT FINNEY LAW FIRM, LLC 4270 Ivy Pointe Blvd., Suite 225 Scott J. Stitt (0073943) Cincinnati, OH 45245 Tucker Ellis LLP stephen finneviawfirn.com 175 S. Third Street, Suite 520 mankye inevlawfinm. com Columbus, OH 43215-7101 Tel 614.358.9717 Paul J. Minnillo Fax 614.385 9712 MINNILLO LAW GROUP CO. LPA E-mail: 2712 Observatory Avenue Cincinnati, OH 45208 Phone: 513.723.1600 Attorneys for Defendant the State Teachers Fax: 513.723.1620 Retirement Board pi ue-lpa.com David J. Butler James D. Abrams TAFT STETTINIUS & HOLLISTER, LLP 65 E. State Street, Suite 1000 Columbus, OH 43215 Phone: 614.221.2838 Fax: 614.221.2007 Us dbutler Aaw.com abrams@iafilaw. com Attorneys for Plaintiffs Dean Dennis, Bob Buerkle, and all others similarly situated. 11 5959164.1 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 15 1:30 PM-21CV006832 0G388 - S1 ATTACHMENT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND The undersigned hereby acknowledges that he/she has read the Protective Order dated in the above-captioned action and attached hereto, understands the terms thereof and agrees to be bound by those terms. The undersigned submits to the jurisdiction of the Franklin County Court of Common Pleas, Ohio in matters relating to the aforementioned and attached Protective Order and understands that the terms of the Order obligate him/her to use materials designated as Confidential Information in accordance with the Order solely for the purposes of the above-captioned action, and not to disclose any such Confidential Information to any other person, firm or concern. The undersigned acknowledges that violation of the Protective Order may result in penalties for contempt of court. Name (printed) Job Title Employer: Business Address: Date: Signature: 5959164.1 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 15 1:30 PM-21CV006832 0G388 - S1 Franklin County Court of Common Pleas Date: 05-15-2023 Case Title: DEAN DENNIS ET AL -VS- STATE TEACHERS RETIREMENT BOARD Case Number: 21CV006832 Type: ORDER It Is So Ordered. \2 et Ko ink$ AG /s/ Judge Sheryl K. Munson Electronically signed on 2023-May-15 page 13 of 13