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 to have violated this Order
for failing to maintain the confidentiality of material during a time when that material has not been
designated CONFIDENTIAL, even where the failure to so designate was inadvertent and where
the material is subsequently designated as CONFIDENTIAL.

6. Inadvertent Production of Privileged Information. The inadvertent production
of any material that would be protected from disclosure pursuant to the attorney-client privilege,
the work product doctrine, or any other relevant privilege or doctrine shall not itself constitute a
waiver of the applicable privilege or doctrine. Inadvertent production of privileged material
includes the mistaken production of privileged material that has been reviewed by the disclosing
party’s attorneys prior to production. Upon receipt of notice of an inadvertent production, the
receiving party shall (1) promptly sequester material subject to a claimed privilege and any copies
of it if a challenge to the claimed privilege is being made or (2) if no challenge to the claimed
privilege is being made, return the material subject to a claimed privilege and any copies of it,
including deletion of any versions of the privileged materials on any database the receiving party
maintains. The receiving party shall also take reasonable steps to retrieve the information if it has
been further disclosed, and make no use of the information contained in the privileged materials.
If the receiving party contests the claim of privilege, it shall notify the disclosing party in writing.
Within 21 days after it reasonably appears that good faith efforts to resolve the dispute have failed,
the disclosing party may apply to the Court for an order that such materials are protected from
disclosure by privilege. Any claimed privileged material sequestered pending determination by the
Court as to whether it is privileged must not be used or disclosed until the privilege issue is

resolved, and thereafter shall be treated in accordance with the Court’s determination of the issue.


HAVE SEEN AND AGREED TO:
Dated: March 21, 2019

/s/ Bradley L. Gibson (with permission)

/s/ Patricia Anderson Pryor

Bradley L. Gibson (0085196)
GIBSON LAW, LLC

9200 Montgomery, Rd., Suite 11A
Cincinnati, OH 45242
brad@gibsonemploymentlaw.com
Telephone: (513) 834-8254
Facsimile: (513) 834-8253

Attorney for Plaintiff Derek LaVonn Berry

/s/ Patricia J. Downing (with permission)

Patricia Anderson Pryor
JACKSON LEWIS P.C.

201 E. Fifth Street, 26th Floor
Cincinnati, OH 45202
Telephone: (513) 898-0050
Facsimile: (513) 898-0051
patricia.pryor@jacksonlewis.com

Thomas F. Hurka (admitted pro hac vice)
Eric M. Makinen (admitted pro hac vice)
MORGAN, LEWIS & BOCKIUS LLP
77 W. Wacker Drive, 5th Floor

Chicago, IL 60601

Telephone: (312) 324-1000

Facsimile: (312) 324-1001

thomas. hurka@morganlewis.com
eric.makinen@morganlewis.com

Attorneys for Defendant Aramark Services,
Inc.

/s/ David A. Campbell (with permission)

Patricia J. Downing

LAW OFFICE OF PATRICIA J.
DOWNING, LLC

1248 Nilles Road, Ste. 7
Fairfield, OH 45014

Telephone: (513) 642-7046
Facsimile: (513) 829-9888
pat@downinglawoffice.com

Attorney for Defendant John F. Carter

Nathaniel Lampley, Jr. (0041543)

VORYS, SATER, SEYMOUR AND PEASE
LLP

301 East Fourth Street, Suite 3500

Great American Tower

Cincinnati, OH 45202

Telephone: (513) 723-4000

Facsimile: (513) 723-4056
nlampley@vorys.com

David A. Campbell (0066494)

Gregory C. Scheiderer (0087103)

VORYS, SATER, SEYMOUR AND PEASE
LLP

200 Public Square, Suite 1400

Cleveland, Ohio 44114

Phone: (216) 479-6100


11. | Confidential_Information Subpoenaed or Ordered Produced in Other
Litigation.

(a) If a receiving party is served with a subpoena or order issued in other
litigation 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 five 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 party who
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, the receiving
party must deliver a copy of this Order promptly to the party in the other action that caused
the subpoena to issue.

(c) The purpose of imposing these duties is to alert the interested persons to the
existence of this Order and to afford the designating party in this case an opportunity 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.

12. Challenges by Members of the Public to Sealing Orders. A party or interested

member of the public has a right to challenge the sealing of particular documents that have been


te Filing of Confidential Information. In the event a party seeks to file a document
containing Confidential Information subject to protection under this Order with the Court, that
party must take appropriate action to insure that the document receives proper protection from
public disclosure, including: (a) filing a redacted document with the consent of the party who
designated the document as confidential; (b) where appropriate, submitting the document for in
camera review; or (c) when the preceding measures are inadequate, seeking permission to file the
document under seal by filing a motion for leave to file under seal. Nothing in this Order will be
construed as a prior directive to allow any document to be filed under seal.

8. No Greater Protection. Except on privilege grounds, no party may withhold
information from discovery on the ground it requires protection greater than that afforded by this
Order unless the party moves for an order providing such special protection.

9. Challenges to Confidential Designation. The designation of any material or
document as “CONFIDENTIAL” is subject to challenge by any party. Before filing any motion or
contacting the Court regarding an objection to a confidential designation, the objecting party must
comply with Local Rule 37.1. The burden of proving the necessity of a confidentiality designation
remains with the party asserting confidentiality. Until the Court rules on the challenge, all parties
must continue to treat the materials as confidential under the terms of this Order.

10. Use of Confidential Documents or Information at Trial. Nothing in this Order

shall affect the use of any document, material, or information at any trial or hearing. A party that
intends to present or anticipates another party may present Confidential information at a hearing
or trial shall bring the issue to the Court’s and parties’ attention by motion or in a pretrial
memorandum without disclosing the Confidential Information. The Court may thereafter make

such orders as are necessary to govern the use of such documents or information at trial.


15. No Prior Judicial Determination. This Order is entered based on the parties’

representations and agreements and for the purpose of facilitating discovery. Nothing in this Order
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 Federal Rules of Civil Procedure or otherwise until such time as the Court may tule

on a specific document or issue.

16. Persons Bound by Protective Order. This Order takes 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.

17. Applicability to Parties Later Joined. If additional parties join this lawsuit, they

must not be given access to Confidential Information unless they execute and file with the Court
their written agreement to be bound by this Order.

18. Jurisdiction. The Court’s jurisdiction to enforce the provisions of this Order will
terminate on the final disposition of this case. But a party may file a motion to seek leave to reopen

the case to enforce the provisions of this Order.

IT IS SO ORDERED.

DATED: af2i[!9 Hoon. Kept:

KAREN L. LITKOVITZ
UNITED STATES aoa fey JUDGE



IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF OHIO

DEREK LAVONN BERRY,

Plaintiff,

v. Case No. 18-cv-459

ARAMARK SERVICES, INC., CARTER | Judge Susan J. Dott

BROTHERS SECURITY SERVICES, Magistrate Judge Karen L. Litkovitz
LLC, CARTER BROTHERS ARAMARK
INTEGRATED FACILITIES
MANAGEMENT, LLC, and JOHN
CARTER,

Defendants.

Agreed Protective Order
The parties to this Agreed Confidentiality Order have agreed to the terms of this Order;

accordingly, it is ORDERED:

1. Scope. All materials produced during 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. As there is a presumption in favor of open and public
judicial proceedings in the federal courts, this Order will be strictly construed in favor of public
disclosure and open proceedings wherever possible.

2 Confidential Information. As used in this Order, “Confidential Information”

means information designated as “CONFIDENTIAL” by the producing party that falls within one
or more of the following categories: (a) information prohibited from disclosure by statute; (b)
information that reveals trade secrets; (c) research, technical, commercial, or financial information

that the party has maintained as confidential; (d) medical information concerning any individual;


ATTACHMENT A

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF OHIO

DEREK LAVONN BERRY,
Plaintiff,
v.

ARAMARK SERVICES, INC., CARTER
BROTHERS SECURITY SERVICES,
LLC, CARTER BROTHERS ARAMARK
INTEGRATED FACILITIES
MANAGEMENT, LLC, and JOHN
CARTER,

Defendants.

Case No. 18-cy-459

Judge Susan J. Dlott
Magistrate Judge Karen L. Litkovitz

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

The undersigned acknowledges he/she has read the Protective Order dated

in the above-captioned action and attached hereto, understands

the terms of the Protective Order, 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 the terms of the Protective 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 or entity. The undersigned acknowledges that violation of the

Protective Order may result in penalties for contempt of court.

PRINTED NAME:

EMPLOYER:

JOB TITLE:

12


Facsimile: (216) 479-6060
dacampbell@vorys.com
gescheiderer@vorys.com

Attorneys for Defendant Carter Brothers
Aramark Integrated Facilities Management,

LLC


filed under seal, and the party asserting confidentiality will have the burden of demonstrating the

propriety of filing under seal.

13. Obligations at 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 of Confidential Documents. Within 60 days after this matter
concludes by settlement, final judgment, or final order, including all appeals, any document
containing Confidential Information, including copies, shall be returned to the producing
party unless: (1) the document has been offered into evidence or filed without restriction
as to disclosure; (2) the parties agree to destruction of the document to the extent
practicable in lieu of return; or (3) the document bears notations, summations, or other
mental impressions of the receiving party.

(c) Retention of Work Product. Notwithstanding the above requirements to
return or destroy documents, counsel may retain attorney work product, including an index
that refers or relates to designated Confidential Information so long as that work product
does not duplicate verbatim substantial portions of Confidential Information. Any retained
Confidential Information shall continue to be protected under this Order. An attorney may
use his or her work product in subsequent litigation, provided its use does not disclose or
use Confidential Information.

14. 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.


(6) Consultants, investigators, or experts employed by the parties or
parties’ counsel to assist in the preparation and trial of this action but only after the
consultant or expert completed the certification contained in Attachment A;

(7) Potential, anticipated, or actual fact witness and his or her counsel,
but only to the extent such confidential documents or information will assist the
witness in recalling, relating, or explaining facts or in testifying, and only after such
persons have completed the certification contained in Attachment A. Witnesses
shall not retain a copy of documents containing Confidential Information, except
witnesses may receive a copy of all exhibits marked at their depositions in
connection with review of the transcripts;

(8) The author or recipient of the document (not including a person who
received the document in the course of the litigation); and

(9) Mediator appointed by the Court or jointly selected by the parties;

(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 or ordered.

(c) Control of Documents. The parties must take reasonable efforts to prevent
unauthorized or inadvertent disclosure of documents designated as “CONFIDENTIAL.”
Counsel for the parties must maintain a record of those persons, including employees of
counsel, who have reviewed or been given access to the documents along with the originals
of the forms signed by those persons acknowledging their obligations under this Order.

5: Inadvertent Production. Inadvertent production of any document or information

without a designation of “CONFIDENTIAL” shall be governed by Fed. R. Evid. 502. If a party

designates a document as CONFIDENTIAL after it was initially produced, the receiving party, on


Information by advising all persons present that the party believes that portion of the
deposition in question falls under the scope of this Order.
4. 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 litigation, including any
appeal.

(b) Limited Third-Party Disclosures. The parties and their counsel shall not
disclose or permit the disclosure of any Confidential Information to any third person or
entity except as set forth below. Subject to these requirements, the following categories of
persons may be allowed to review Confidential Information:

qd) Counsel for the parties and employees of counsel;

(2) The parties to this litigation, including any employees, agents, and
representatives of the parties;

(3) The Court and Court personnel, including any Special Master
appointed by the Court;

(4) Court reporters, recorders, and videographers engaged for
depositions;

(5) Independent providers of document reproduction, electronic
discovery, or other litigation services retained or employed specifically in

connection with this litigation;


(e) personal identity information; (f) income tax returns (including attached schedules and forms),
W-2 forms, and 1099 forms; or (g) personnel or employment records of a person who is not a party
to the case. Information or documents that are available to the public may not be designated as
Confidential Information.
3: Designation.
(a) Documents: A party may designate a document as Confidential
Information for protection under this Order by placing or affixing the word
“CONFIDENTIAL” on the document and on all copies in a manner that will not interfere
with the legibility of the document. “Copies” includes electronic images, duplicates,
extracts, summaries, or descriptions containing the Confidential Information. The marking
“CONFIDENTIAL” shall be applied prior to or at the time the documents are produced or
disclosed. Applying the marking “CONFIDENTIAL” to a document does not mean the
document has any status or protection by statute or otherwise except for the purposes of
this Order.
(b) Deposition Testimony: A party may designate deposition testimony as
Confidential Information by advising opposing counsel in writing within thirty days after
receipt of the deposition transcript, or at such other time mutually agreed upon by the
parties, of the pages and lines of the deposition that the designating party requires to be
treated as confidential. All deposition transcripts shall be treated as Confidential
Information until the expiration of thirty days after receipt of the deposition transcript,
unless otherwise agreed to by the parties in writing or on the record at the deposition. Any

party may, on the record at the deposition, designate deposition testimony as Confidential


BUSINESS ADDRESS:

DATE:

SIGNATURE