IN THE UNITED ST ATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO "''.'9 A:;~ 19 A:i [,: 04 

WESTERN DIVISION 

Ahmad Saqr, et al., 

Plaintiffs, Case No. 1:18-cv-542 

v. Judge Dlott 

University of Cincinnati, et al., Magistrate Judge Bowman 

Defendants. 

STIPULATED PROTECTIVE ORDER AND ORDER FOR RELEASE OF 

DISCOVERABLE MATERIALS OTHERWISE COVERED BY THE PRIVACY 

ACT, FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT, AND HEALTH 

INSURANCE PORTABILITY AND ACCOUNTABILITY ACT 

The parties expect the disclosure of documents in this case to involve the exchange of 

sensitive information, including, inter alia, medical information, personally identifying 

information with respect to students or employees, education records, and other information that 

may be covered by the Health Insurance Portability and Accountability Act (HIP AA), Family 

Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, 34 C.F.R. Part 99, or other 

federal or state law. In order to permit discovery, the parties stipulate and agree to, and the 

Court finds good cause for, entry of a Protective Order and Order for Release of discoverable 

materials otherwise protected by HIP AA, FERP A or other law pursuant to Federal Rule of Civil 

Procedure 26(c). 

It is hereby ordered that: 

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 

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derived directly therefrom (hereinafter collectively "documents"), shall be subject to this Order 

concerning confidential information as set forth below. The Order is also subject to the Local 

Rules of this District and the Federal 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 from 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. Inadvertent failure to designate a document as 

CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER may be corrected by supplemental 

written notice given as soon as practicable. 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. 

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, medical or psychiatric information, trade 

secrets, personnel records, education records, or such other sensitive 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. If non2 

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confidential information is contained in or otherwise derived from confidential materials, any 

portion that consists solely of non-confidential information shall not be confidential for purposes 

of this Order. 

4. Depositions. Deposition testimony shall be deemed CONFIDENTIAL -

SUBJECT TO PROTECTIVE ORDER only if designated as such. Such designation shall be 

specific as to the portions of the transcript or any exhibit to be designated as CONFIDENTIAL -

SUBJECT TO PROTECTIVE ORDER. Counsel for any party in this case may designate 

deposition testimony or any portion of deposition testimony as confidential by advising the court 

reporter and counsel of such designation during the course of the deposition. Thereafter, the 

deposition transcripts and any of those portions so designated shall be protected as 

CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER, pending objection, under the terms 

of this Order. 

5. Medical Information. The parties shall treat as confidential any information 

related to the medical condition, history and/or treatment of any person identified by the parties 

as having information relevant to this litigation, regardless of the method by which such 

information was obtained and regardless of whether such information has been disclosed in any 

manner prior to the date of this Order. Without limiting the foregoing, any of the parties' 

discovery requests or responses that reference, contain, or attach information or documents 

related to such medical condition, history and/or treatment are hereby designated as confidential 

and subject to the provisions of this Order. The fact that such information is not marked as 

CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or that it was received by a third 

party or disclosed prior to the entry of this Protective Order shall not alter the parties' obligations 

under this paragraph. 

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6. Protection of Confidential Material. 

a. General Protections. Documents designated CONFIDENTIAL -

SUBJECT TO PROTECTIVE ORDER under this Order shall not be used or disclosed by 

the parties, counsel for the parties or any other persons identified in if 6(b) for any 

purpose whatsoever other than to prepare for and to conduct discovery and trial in this 

action including any appeals. 

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 documents to any third person or entity except as set forth in 

subparagraphs (i)-(vii). Subject to these requirements, the following categories of 

persons may be allowed to review documents that have been designated 

CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER: 

i. Counsel. Counsel for the parties and employees and agents of 

counsel who have responsibility for the preparation and trial of the action; 

ii. Parties. Parties and employees of a party to this Order; 

iii. Court Reporters and Recorders. Court reporters and recorders 

engaged for depositions; 

iv. Mediators. Any mediator used to attempt resolution of this 

litigation; 

v. Witnesses. Witnesses or potential witnesses (and their counsel) in 

preparation for or during the course of depositions, hearings, interviews, or trial in 

this action, but only if permitted by HIPAA, FERPA or other law. In addition, 

such persons shall, in advance of disclosure, complete the certification contained 

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m Attachment A, Acknowledgment of Understanding and Agreement to Be 

Bound; 

vi. Designated Experts. Designated 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 

vii. 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 pursuant to the terms of this 

Order. Counsel shall maintain the originals of the forms signed by persons 

acknowledging their obligations under this Order for a period of one (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 

ORDER under this Order, or any individual portion of such a document, shall be affixed 

with the designation "CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER" if the 

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words do not already appear on the copy. All such copies shall thereafter be entitled to 

the protection of this Order. 

e. Inadvertent Production. Inadvertent production of any document or 

information without a designation of "CONFIDENTIAL - SUBJECT TO PROTECTIVE 

ORDER" shall be governed by Federal Rule of Evidence 502. 

7. Filing of CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER 

Documents Under Seal. To the extent that a brief, memorandum, pleading, or other court 

filing references any document marked as CONFIDENTIAL - SUBJECT TO PROTECTIVE 

ORDER, then the brief, memorandum, pleading, or other court filing shall refer the Court to the 

. . 

particular document filed under seal without disclosing the contents of any confidential 

information. 

a. Before any document marked "CONFIDENTIAL - SUBJECT TO 

PROTECTIVE ORDER" 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 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, a CONFIDENTIAL -

SUBJECT TO PROTECTIVE ORDER document shall be filed in accordance with Local 

Rule 5.2.1 (Sealed Documents) of the United States District Court for the Southern 

District of Ohio and any other procedures set forth in the presiding judge's standing 

orders or other relevant orders. See Shane Group, Inc. v. Blue Cross Blue Shield of 

Michigan, 825 F.3d 299 (6th Cir. 2016). 

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c. To the extent that it is necessary for a party to discuss the contents of any 

confidential information in a document filed with the Court, then such portion of the 

document may be filed under seal with leave of Court. In such circumstances, counsel 

shall prepare two versions of the document, a public and a confidential version. The 

public version shall contain a redaction of references to CONFIDENTIAL - SUBJECT 

TO PROTECTIVE ORDER documents. The confidential version shall be a full and 

complete version of the document and shall be filed under seal in accordance with Local 

Rule 5.2.1 (Sealed Documents) of the United States District Court for the Southern 

District of Ohio and any other procedures set forth in the presiding judge's standing 

orders or other relevant orders. 

8. Challenges by a Party to Designation as Confidential. Any CONFIDENTIAL 

- SUBJECT TO PROTECTNE ORDER designation is subject to challenge by any party or 

nonparty 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. The parties shall meet and 

confer within twenty (20) business days of receipt of the objection. If agreement is reached 

confirming or waiving the CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER 

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. 

9. Action by the Court. Any party to the above-captioned case may petition this 

Court concerning a violation of this Order and request any available remedies, including, but not 

limited to, contempt proceedings. Applications to the Court for an order relating to any 

documents designated CONFIDENTIAL - SUBJECT TO PROTECTNE ORDER shall be by 

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motion under Local Rule 7.2 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 used in discovery or at trial. 

10. 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 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.). The Court may 

thereafter make such orders as are necessary to govern the use of such documents or information 

at trial. 

11. Information Made Public or Received from a Third Party. Notwithstanding 

anything to the contrary herein, the parties to the above captioned case shall have no obligation 

under this Order with respect to information that: 

a. Is or becomes publicly available (except as by unauthorized disclosure); 

or 

b. Is received from a third-party who is rightfully in possession of such 

information and who has the right to disclose it. 

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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. 

b. Return or Destruction of CONFIDENTIAL - SUBJECT TO 

PROTECTIVE ORDER Documents. Within thirty (30) days after dismissal or entry of 

final judgment not subject to further appeal, all documents treated as CONFIDENTIAL -

SUBJECT TO PROTECTIVE ORDER under this Order, including copies as defined in~ 

6(d), shall be returned to the producing party or the producing party's counsel or 

representative or destroyed, unless: (1) otherwise ordered by the Court for good cause 

shown, (2) the return or destruction of such materials is prohibited by law, or (3) the 

document has been offered into evidence or filed without restriction as to disclosure 

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 

party who originally produced the documents filed under seal 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. Motions to modify this Order shall be served and filed under 

Local Rule 7.1 , 7 .2 and the presiding judge's standing orders or other relevant orders. 

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. 

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Nothing herein shall be construed or presented as a judicial determination that any documents or 

information designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER by counsel 

or the parties is subject to protection under Rule 26(c) of the Federal Rules of Civil Procedure or 

otherwise until such time as the Court may rule on a specific document or issue. 

15. No Superseded Laws. This Order in no way alters or supersedes the parties' 

responsibilities under this Court's Electronic Filing Policies and Procedures, or any other 

applicable confidentiality laws, rules or regulations. 

16. 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. 

17. Further Limits of this Order. Entering into, agreeing to, and/or complying with 

the terms of this Order shall not: 

a. Prejudice in any way the rights of any party to object to the production of 

documents or information it considers non-discoverable, or to seek a Court 

determination whether particular discovery materials should be produced; 

b. Prejudice a party from seeking modification or rescission of this Protective 

Order; 

c. Prejudice a party from seeking further protection of any confidential 

information; or 

d. Prevent a party from objecting on any ground to the admission into 

evidence, at any trial, hearing, or public proceeding in this matter, of any type or 

classification of information produced or disclosed pursuant to this Order. 

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18. Nothing in this Order shall prevent non-parties from asserting their own privacy 

rights in documents held by the parties, including but not limited to those rights provided by 

FERP A, nor shall this Order prevent Defendants from fulfilling the obligations and 

responsibilities regarding student privacy placed on them by FERP A. 

IT IS HEREBY ORDERED. 

Dated: o4 /; f /; 1 ~~ ----t~~~~ 

WE SO STIPULATE and agree to abide by the terms of this Order 

s/ Matthew Miller-Novak per 4115119 email authorization 

MATTHEW MILLER-NOVAK (0091402) 

Godbey & Associates 

708 Walnut St., Suite 600 

Cincinnati, Ohio 45202 

s/ Brian P. Gillan per 4115119 email authorization 

BRIAN P. GILLAN (0030013) 

Freking Myers & Reul, LLC 

600 Fine St., 9th Floor 

Cincinnati, Ohio 45202 

Counsel for Plaintiffs 

WE SO STIPULATE and agree to abide by the terms of this Order 

s/ Reid T. Caryer 

REID T. CARYER (0079825) 

ELIZABETH HOWELL (0092605) 

Assistant Attorneys General 

Ohio Attorney General's Office 

Education Section 

30 East Broad Street, 16th Floor 

Columbus, OH 43215 

Counsel for Defendants 

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Attachment A 

IN THE UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION 

Ahmad Saqr, et al., 

Plaintiffs, 

v. STIPULATED PROTECTIVE 

ORDER 

University of Cincinnati, et al., 

Defendants. 

ACKNOWLEDGMENT OF UNDERSTANDING AND 

AGREEMENT TO BE BOUND 

The undersigned hereby acknowledges that he/she has read the Protective Order 

dated in Ahmad Saqr, et al. v. University of Cincinnati, et al. , Civil 

Action No. 1:18-cv-542 (S.D. Ohio) and attached hereto, understands the terms thereof, and 

agrees to be bound by its terms. The undersigned submits to the jurisdiction of the United States 

District Court for the Southern District of Ohio in matters relating to the 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 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. 

(Signature) 

(Print Name) 

(Job Title) 

(Home or Business Address) 

(Home or Business Address Continued) 

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