IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

Brian Garrett,

Edward Gonzales,

Kent Kilgore,

Adam Plouse, and

John Does 1-35, individually and

on behalf of all others similarly situated,

Plaintiffs,

vs.

The Ohio State University,

Defendant.

CaseNo. 2:18-cv-00692

Judge Michael H. Watson

ChiefMagistrate Judge Elizabeth P.

Deavers

ORDER GRANTING JOINT MOTION (ECF No. 66) TO CLARIFY,

MODIFY, OR AMEND ORDER (ECF No. 51), and DENYING

PLAINTIFFS' MOTION TO CLARIFY, MODIFY, OR AMEND ORDER AS

MOOT (ECF No. 64)

For good cause shown, the Court, having considered the parties' joint Motion (ECF No.

66) for an agreed order to resolve Plaintiffs' pending Motion to Clarify, Modify, or Amend

Order (Doc. 64), hereby finds and orders as follows:

On January 17, 2019, the Court issued an Order (ECF No. 51) granting in part and

denying In part Plaintiffs' Motion for John Doe Plaintiffs to Proceed Anonymously. (ECF No.

49).

The Court's January 17, 20)9 Order concluded that John Doe Plaintiffs may proceed

anonymously on the docket, and may use "John Doe 1-35" in pleadings and documents on the

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public record (ECF No. 51). The Court directed PlaintifTs to file, ex parte and under seal, a First

Amended Complaint containing the John Doe Plaintiffs" true identities, which PlaintifTs timely

did. (ECF No. 60).

Consistent with the nearly identical Order entered previously in Case No. 2:18-cv-00736,

the Court's January 17, 2019 Order authorized disclosure ofthe John Doe Plaintiffs" identities to

Defendant and to other legal support staff for Defendant, and to witnesses on a "need to know"

basis (ECF No. 51). The Court's January 17,2019 Order also directed PlaintifTs to disclose the

John Doe Plaintiffs' true identities to Defendant's attorneys. Plaintiffs have not yet done so.

On February 14, 2019, PlaintifTs filed a Motion to Clarify, Modify, or Amend the January

17,2019 Order (ECF No. 64).

Following the Status Conference held February 19, 2019, theCourt entered an Orderon

February 20, 2019, directing the parties to "discuss the pending [Plaintiffs'] motion to clarify,

modify, or amend theorder granting in part and denying in part John Doe Plaintiffs' motion to

proceed anonymously. ECF No. 64" and to "advise the Court whether and what issues remain for

judicial resolution regarding thismotion" (ECF No. 65).

Pursuant to the Court'sFebruary 20, 2019 Order (ECF No. 65), the parties have agreed to

a proposed order that would resolve, and obviate the current need for judicial resolution of, the

issues raised in Plaintiffs" pending Motion toClarify, Modify, or Amend Order (ECF No. 51)

Granting in Part and Denying in Part John Doe Plaintiffs' Motion to Proceed Anonymously

(ECF No. 64).

IT IS THEREFORE ORDERED that:

1. Within seven (7) days of thedateof this Order, PlaintifTs will disclose thetrue

identities of the thirty-five John Doeplaintiffs, andany future plaintiffs, to the attorneys

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representing Defendant The Ohio State University C'Ohio State") in this case:

(1) Michael H. Carpenter, TrialAttorney, Special Counsel for Defendant,

Carpenter Lipps & Leland LLP, Columbus, Ohio;

(2) Timothy R. Bricker, Special Counsel, CarpenterLipps & Leland LLP;

(3) David J. Barthel, Special Counsel, Carpenter Lipps & Leland LLP;

(4) Stephen E. Dutton, Special Counsel. Carpenter Lipps & Leland LLP.

2. The attorneys listed above in paragraph 1 may disclose the identities ofthe John

Doe Plaintiffs, and any future plaintiffs, to (a) the immediate legal staff involved in this

litigation. Case No. 18-cv-00692, and related Case No. 18-00736; (b) witnesses on a '"need to

know" basis; and (c) the following individuals at Ohio State;

(1) Christopher M. Culley, Senior Vice President and General Coimsel, Office of

Legal Affairs, The Ohio State University;

(2) Alexandra T. Schimmer, Associate Vice President and Deputy General

Counsel, Office of Legal Affairs, The Ohio State University;

(3) Anne Garcia, Vice President for Legal andCompliance, Office of Legal

Affairs, The Ohio State University Wexner Medical Center; Senior Associate

General Counsel, Office ofLegal Affairs, The Ohio State University;

(4) Paula Luna Paoletti, SeniorAssistant Vice President and SeniorAssociate

General Counsel, Office of Legal Affairs, The Ohio State University;

(5) MaryMenkedicklonno, Assistant Vice President & SeniorAssociate

General Counsel, Office of Legal Affairs, The Ohio State University;

(6) HailyMiller, Legal Fellow, The Ohio StateUniversity WexnerMedical

Center;

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(7) Ryan Meadows, Director or Strategic Initiatives and Special Assistant to the

Senior Vice President, Office of Legal Affairs, TheOhio StateUniversity;

(8) Mark Lemmon, Paralegal, Office ofLegal Affairs, The Ohio State

University;

(9) Chris Glaros, Assistant Vice President forCompliance Operations and

Investigations, Office of University Compliance and Integrity, The Ohio

State University;

(10) Kellie Brennan, Director ofCompliance and Title IX/CIery Act Coordinator,

Office of University Compliance and Integrity, The Ohio State University.

3. The individuals listed above in paragraph 2 may disclose the identities ofthe John

Doe Plaintiffs, and any future plaintiffs, to their immediate legal staff involved in this litigation,

Case No. 18-cv-00692, and related case No. 18-cv-00736.

4. Ohio State does not waive, but expressly reserves, the right to identify additional

individuals who have a "need to know" the identities of John Doe Plaintiffs or any future

plaintiffs.

5. The parties will discussand attempt to resolve any question as to which witnesses

or additional individuals "need to know" the identities ofJohn Doe Plaintiffs or any future

plaintiffs. Ifthe parties are unable to agree upon which witnesses or additional individuals "need

to know," the parlies will seek the Court's assistance.

6. All individuals to whom the identities ofJohn Doe Plaintiffs or future plaintiffs

are disclosed agreenot to divulge, purposefully or inadvertently, the identities of the John Doe

Plaintiffs or future plaintiffs, except as set forth in this Order.

7. The parties Joint Motion (ECF No. 66) is GRANTED.

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8. The Plaintiffs" Motion to Clarify, Modify, or Amend Order (ECF No. 51)

Granting in Part and Denying in Part John Doe Plaintiffs' Motion to Proceed Anonymously

(ECF No. 64) is DENIED as moot.

9, The Court's prior Order (ECF No. 51) on John Doe Plaintiffs' Motion to Proceed

Anonymously (ECF No. 49) is CLARIFIED as set forth above.

IT IS SO ORDERED.

Date: March 12 2019.

s/MichacI H. Watson

MICHAEL H. WATSON

UNITED STATES DISTRICT JUDGE

s/Elizaheth A. Preston Deavers

ELIZABETH A. PRESTON DEAVERS

CHIEF UNITED STATES MAGISTRATE .JUDGE

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