UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

Case No. 1:18-cv-00326-TSB

 Judge Timothy S. Black

PLAINTIFFS’ MOTION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL

Pursuant to the Parties’ Stipulated Protective Order (ECF No. 65) and Local Rule 

5.2.1(a), Plaintiffs Jeffrey McGinnes, Wendy Berry, Lorri Hulings, and Kathleen Sammons,

individually and as representatives of a class of similarly situated persons, and on behalf of the 

FirstGroup America, Inc. Retirement Savings Plan, (collectively “Plaintiffs”) hereby move for 

leave to file under seal the following items in connection with Plaintiff’s Motion for Class 

Certification:

• An unredacted version of Memorandum in Support of Plaintiffs’ Motion for Class 

Certification;

• An unredacted version of the Preliminary Expert Report of Brian C. Becker, 

Ph.D;

• The exhibits to the Declaration of Kai Richter listed below:

o EXHIBIT 15: AON-FGP-00273298;

Jeffrey McGinnes, Wendy Berry, Lorri Hulings, and 

Kathleen Sammons, individually and as 

representatives of a class of similarly situated 

persons, and on behalf of the FirstGroup America, 

Inc. Retirement Savings Plan,

Plaintiffs,

v.

FirstGroup America, Inc., FirstGroup America, Inc.

Employee Benefits Committee, and Aon Hewitt

Investment Consulting, Inc.,

Defendants.

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o EXHIBIT 19: AON-FGP-00110864;

o EXHIBIT 20: AON-FGP-00196907;

o EXHIBIT 28: AON-FGP-00038226;

o EXHIBIT 43: AON-FGP-00234723;

o EXHIBIT 44: AON-FGP-00069596;

o EXHIBIT 49: AON-FGP-00234713; and

o EXHIBIT 51: AON-FGP-00015221.

In support of this Motion, Plaintiffs state as follows:

1. On July 8, 2021, the Parties filed a Stipulated Protective Order in this action.

(ECF No. 65.) Pursuant to the Stipulated Protective Order, a party may designate certain material 

that it belies to be Confidential or Highly Confidential as “Protected Material.” Id. at ¶¶ 6-9.

2. The Stipulated Protective Order further provides:

If a receiving party wishes to submit Protected Material to the Court that another 

party or nonparty designated Confidential or Highly Confidential, then the 

receiving party must file a motion for leave to file under seal, which will identify 

the document or other material for which the restriction is sought. 

Id. at ¶ 21.

3. The items that Plaintiffs seek to file under seal contain information that has been 

produced and designated as “Confidential” or “Highly Confidential” by Defendant Aon Hewitt 

Investment Consulting, Inc. (“Aon Hewitt”).

4. Plaintiffs take no position on whether Aon Hewitt’s confidentiality designations 

are appropriate or supported by law. Pursuant to the Stipulated Protective Order, it shall be Aon 

Hewitt’s obligation to support this motion as the party who designated the underlying material 

“Confidential” or “Highly Confidential”, and Aon Hewitt shall have seven (7) business days in 

which to file a response in support of the motion to seal. Id. at ¶ 21.

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Subject to Aon Hewitt making the necessary showing, Plaintiffs respectfully request 

leave to file the foregoing items under seal.

Dated: February 11, 2022 Respectfully submitted,

NICHOLS KASTER, PLLP

By: /s/ Kai H. Richter 

Paul J. Lukas, MN Bar No. 22084X*

Kai H. Richter, MN Bar No. 0296545*

Brock J. Specht, MN Bar No. 0388343*

Mark E. Thomson, MN Bar No. 0398260*

* admitted pro hac vice

4700 IDS Center

80 S 8th Street

Minneapolis, MN 55402

Telephone: 612-256-3200

Facsimile: 612-338-4878

lukas@nka.com

krichter@nka.com

bspecht@nka.com

mthomson@nka.com

FREKING MYERS & REUL

By: /s/ George M. Reul, Jr. 

George M. Reul, Jr. (OH 0069992)

600 Vine Street, Suite 900

Cincinnati, Ohio 45202

Telephone: 513-721-1975

Facsimile: (513) 651-2570

greul@fmr.law

ATTORNEYS FOR PLAINTIFFS

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CERTIFICATE OF SERVICE

The undersigned hereby certifies on this 11th day of February, 2022, that the undersigned 

electronically filed and served the foregoing document through this Court’s ECF system.

/s/ Kai H. Richter 

Kai H. Richter

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