1

IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF OHIO 

EASTERN (COLUMBUS) DIVISION 

Brian Garrett, 

Edward Gonzales, Civil Case 2:18-cv-00692-MHW-EPD 

Kent Kilgore, 

Adam Plouse, and Judge Michael H. Watson 

John Does 1-35, individually and 

on behalf of all others similarly situated, Chief Magistrate Judge Elizabeth P. 

 Deavers 

 Plaintiffs, 

vs. 

 

The Ohio State University, 

 Defendant. 

 

Steven Snyder-Hill, et al., Civil Case 2:18-cv-736-MHW-EPD 

 Plaintiffs, Judge Michael H. Watson 

vs. 

 Chief Magistrate Judge Elizabeth P. 

The Ohio State University, Deavers 

 

 Defendant. 

GARRETT AND SNYDER-HILL PLAINTIFFS’ REPLY IN SUPPORT OF THEIR 

MOTION FOR LEAVE TO FILE MOTION TO COMPEL AND EXHIBITS UNDER 

SEAL 

The Garrett and Snyder-Hill Plaintiffs did not expect an opposition to their unopposed 

motion and are forced to write to correct the record. Defendant The Ohio State University’s 

(“OSU”) opposition paints Plaintiffs’ motion as less than fully disclosive to the Court. To the 

contrary, Plaintiffs were endeavoring in good faith not to reveal on the public docket information 

OSU deemed confidential. Specifically, OSU marked its June 13, 2019 informal responses which 

Case: 2:18-cv-00736-MHW-EPD Doc #: 88 Filed: 08/21/19 Page: 1 of 5 PAGEID #: 967
2

were produced in advance of the mediation: “CONFIDENTIAL MEDIATION 

COMMUNICATION; PURSUANT TO FED. R. EVID. 408 / S.D. OHIO CIV. R. 16.3(C) / 

PROVISION 3.5 OF S.D. OHIO SUPPLEMENTAL PROCEDURES FOR ALTERNATIVE 

DISPUTE RESOLUTION.” OSU’s informal responses were provided two days before the 

mediation, marked subject to the mediation privilege, and are not the subject of Plaintiffs’ motion 

to compel, which is directed to OSU’s formal July 1, 2019 responses. Accordingly, Plaintiffs’ 

motion to seal endeavored to protect the mediation privilege and OSU’s confidentiality designation 

by not revealing on the public docket confidential information. Far from being an attempt to 

mislead, Plaintiffs were being conscientious to protect OSU’s stated concerns. 

OSU’s responses further indicate why a filing under seal is inappropriate. Though OSU 

marked both its informal June 13, 2019 responses and its July 1, 2019 formal responses as 

confidential and covered by the mediation privilege, OSU is not treating those documents as 

confidential. OSU has now placed on the public docket the number of pages of documents it 

produced and other information about its responses, apparently in an attempt to publicly imply its 

responses were substantial and provided in good faith. Yet when Plaintiffs seek to dispute the 

sufficiency of OSU’s responses and move to compel appropriate responses, OSU claims such 

information cannot be revealed to the public and must be filed under seal. 

Regardless, Plaintiffs are interested in a resolution on the merits of its motion to compel 

and are not looking for a sideshow on sealing. Accordingly, Plaintiffs moved for permission to 

file under seal, as required by the Court’s rules, in order to file their substantive motion to compel 

and move forward with obtaining relevant documents in this case. 

Case: 2:18-cv-00736-MHW-EPD Doc #: 88 Filed: 08/21/19 Page: 2 of 5 PAGEID #: 968
3

Respectfully Submitted, 

/s/ Debra L. Greenberger 

Ilann M. Maazel (admitted pro hac vice) 

Debra L. Greenberger (admitted pro hac vice) 

Emery Celli Brinckerhoff & Abady LLP 

600 Fifth Ave, 10th Floor 

New York, NY 10075 

Phone: 212-763-5000 

Fax: 212-763-5001 

imaazel@ecbalaw.com

dgreenberger@ecbalaw.com

Adele P. Kimmel (admitted pro hac vice) 

PUBLIC JUSTICE, P.C. 

1620 L Street, NW, Suite 630 

Washington, DC 20036 

Phone: (202) 797-8600 

Fax: (202) 232-7203 

akimmel@publicjustice.net

 

SCOTT E. SMITH (0003749) (Trial Attorney) 

BRIAN R. NOETHLICH (0086933) 

Scott Elliott Smith, LPA 

5003 Horizons Drive, Suite 100 

Columbus, Ohio 43220 

Phone: 614.846.1700 

Fax: 614.486.4987 

ses@sestraillaw.com 

brn@sestriallaw.com 

COUNSEL FOR SNYDER-HILL PLAINTIFFS 

 

/s/ Simina Vourlis 

 (by Debra L. Greenberger with email 

authorization, 8/21/19) 

Simina Vourlis 

(Trial Attorney) #0046689 

The Law Office of Simina Vourlis 

856 Pullman Way 

Columbus, OH 43212 

(614) 487-5900 

(614) 487-5901 fax 

svourlis@vourlislaw.com 

Case: 2:18-cv-00736-MHW-EPD Doc #: 88 Filed: 08/21/19 Page: 3 of 5 PAGEID #: 969
4

 Rex A. Sharp 

 Ryan C. Hudson 

 Scott B. Goodger 

 Larkin Walsh 

 Sarah T. Bradshaw 

 REX. A. SHARP, P.A. 

 5301 W. 75th Street 

 Prairie Village, KS 66208 

 (913) 901-0505 

 (913) 901-0419 fax 

 rsharp@midwest-law.com 

 rhudson@midwest-law.com 

 sgoodger@midwest-law.com 

 lwalsh@midwest-law.com 

 sbradshaw@midwest-law.com 

Robert Allard 

CORSIGLIA, MCMAHON AND ALLARD, LLP 

96 North Third Street, Suite 620 

San Jose, CA 95112 

(408) 289-1417 

(408) 289-8127 fax 

rallard@cmalaw.net 

Jonathan Little 

SAEED AND LITTLE, LLP 

133 W. Market St. #189 

Indianapolis, IN 46204 

317-721-9214 

jon@sllawfirm.com 

Stephen Estey 

ESTEY & BOMBERGER LLP 

2869 India Street 

San Diego, CA 92103 

619-295-0035 

619-295-0172 fax 

steve@estey-bomberger.com 

Daniel R. Karon (#0069304) 

KARON LLC 

700 W. St. Clair Ave., Suite 200 

Cleveland, OH 44113 

Tel.: 216.622.1851 

dkaron@karonllc.com 

Case: 2:18-cv-00736-MHW-EPD Doc #: 88 Filed: 08/21/19 Page: 4 of 5 PAGEID #: 970
5

Joseph Sauder 

SAUDER SCHELKOPF LLC 

555 Lancaster Avenue 

Berwyn, PA 19312 

(610) 200-0580 

(610) 421-1326 

jgs@sstriallawyers.com 

COUNSEL FOR GARRETT PLAINTIFFS 

CERTIFICATE OF SERVICE 

 It is hereby certified that a true and correct copy of the foregoing document was filed and 

served, via the Court’s CM/ECF system on August 21, 2019, on all counsel of record. 

 By: /s/ Debra Greenberger 

 Attorney for Snyder-Hill Plaintiffs 

Case: 2:18-cv-00736-MHW-EPD Doc #: 88 Filed: 08/21/19 Page: 5 of 5 PAGEID #: 971