The opinion
THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Research Institute at Nationwide :
Children’s Hospital, :
: Case No. 2:19-cv-04574
Plaintiff, :
: Judge Sarah D. Morrison
v. :
: Magistrate Chelsey M. Vascura
Avalon Globocare Corp. and Genexosome :
Technologies, Inc. et al., :
:
Defendants.
STIPULATED PROTECTIVE ORDER
Pursuant to the parties’ joint request that the Court enter this Order, and their agreement
that the following limitations and restrictions should apply to documents and information produced
for inspection and copying during the course of this litigation (the “Action”), the Court hereby
ORDERS that:
1. Scope. This Protective Order (hereinafter “Protective Order” or “Order”) shall
apply to all documents or other information produced in the course of discovery in this Action that
the producing person or entity (the “Producing Entity”) has designated as “CONFIDENTIAL –
SUBJECT TO PROTECTIVE ORDER” or “ATTORNEYS’ EYES ONLY – SUBJECT TO
PROTECTIVE ORDER” (either a “Confidentiality Designation” or collectively the
“Confidentiality Designations”) pursuant to this Order, including but not limited to, all initial
disclosures, all responses to discovery requests, all deposition testimony and exhibits, and all
materials (including documents or testimony) produced by non-parties in response to subpoenas
issued in connection with this matter, including all copies, excerpts, and summaries thereof
(collectively the “Confidential Information”).
2. Purpose. The purpose of this Protective Order is to protect against the unnecessary
disclosure of Confidential Information.
3. Disclosure Defined. As used herein, “disclosure” or “to disclose” means to
divulge, reveal, describe, summarize, paraphrase, quote, transmit, or otherwise communicate
Confidential Information, and the restrictions contained herein regarding disclosure of
Confidential Information also apply with equal force to any copies, excerpts, analyses, or
summaries of such materials or the information contained therein, as well as to any pleadings,
briefs, exhibits, transcripts or other documents which may be prepared in connection with this
litigation which contain or refer to the Confidential Information or information contained therein.
4. Designating Material.
a. Designating Material As Confidential: Any party, or any third party
subpoenaed by one of the parties, may designate as Confidential and subject to this Protective
Order any documents, testimony, written responses, or other materials produced in this case if they
contain information that the Producing Entity asserts in good faith is protected from disclosure by
statute or common law, including, but not limited to, confidential personal information, medical
or psychiatric information, trade secrets, personnel records, or such other sensitive commercial
information that is not publicly available. Information that is publicly available may not be
designated as Confidential. The designation of materials as Confidential pursuant to the terms of
this Protective Order does not mean that the document or other material has any status or protection
by statute or otherwise except to the extent and for the purposes of this Order.
b. Designating Material As Attorneys’ Eyes Only. Any party, or any third
party subpoenaed by one of the parties, may designate as Attorneys’ Eyes Only and subject to this
Protective Order any materials or information that meet the test set forth in Paragraph 4.a, but as
to which the Producing Entity also asserts in good faith that the information is so competitively
sensitive that the receipt of the information by parties to the litigation could result in competitive
harm to the Producing Entity.
5. Form and Timing of Designation.
a. Documents and Written Materials. The Producing Entity shall designate
any document or other written materials as confidential pursuant to this Order by marking each
page of the material with a stamp setting forth the Confidentiality Designation, if practical to do
so. The person or entity designating the material shall place the stamp, to the extent possible, in
such a manner that it will not interfere with the legibility of the document. Materials shall be so-
designated prior to, or at the time of, their production or disclosure.
b. Electronically Stored Information (“ESI”): If a production response
includes ESI, the Producing Entity shall make an effort to include within the electronic files
themselves the Confidentiality Designation to the extent practicable. If that is not practicable, then
the Producing Entity shall designate in a transmittal letter or email to the party to whom the
materials are produced (the “Receiving Party”) using a reasonable identifier (e.g., the Bates range)
any portions of the ESI that should be treated as “CONFIDENTIAL – SUBJECT TO
PROTECTIVE ORDER,” and any portions of the ESI that should be treated as “ATTORNEYS’
EYES ONLY – SUBJECT TO PROTECTIVE ORDER.”
c. Deposition Testimony. Deposition testimony will be deemed confidential
when the deposition is taken. Within 30 days after receipt of the deposition transcript, a party must
indicate which Confidentiality Designation applies, and must be specific as to the portions of the
transcript and/or any exhibits to which that Confidentiality Designation applies, except that any
exhibit that was marked with a Confidentiality Designation at the time of production, and which
still bears that mark at the time of its use in a deposition, shall be presumed to fall within the
provisions of this Order without further designation.
6. Limitation of Use.
a. General Protections. All information that has received a Confidentiality
Designation, including all information derived therefrom, shall be used by any Receiving Party
solely for purposes of prosecuting or defending this Action. A Receiving Party shall not use or
disclose the Confidential Information for any other purpose, including but not limited to any
business, commercial, or competitive purpose. Except as set forth in this Order, a Receiving Party
shall not disclose Confidential Information to any third party. This Order shall not prevent the
Producing Entity from using or disclosing information it has designated as Confidential
Information, and that belongs to the Producing Entity, for any purpose that the Producing Entity
deems appropriate, except that the Producing Entity’s voluntary disclosure of Confidential
Information outside the scope of this Action may impact the protection that this Order would
otherwise provide with regard to such information, once disclosed.
b. Persons to Whom Information Marked “Confidential” May Be
Disclosed. Use of any information, documents, or portions of documents marked
“CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER,” including all information derived
therefrom, shall be restricted solely to the following persons who agree to be bound by the terms
of this Protective Order, unless additional persons are stipulated by counsel or authorized by the
Court:
1) outside counsel of record for the parties, and the administrative staff
of outside counsel’s firms;
2) in-house counsel for the parties, and the administrative staff for each
in-house counsel;
3) any party to this action who is an individual;
4) as to any party to this action who is not an individual, every
employee, director, officer, or manager of that party, but only to the extent necessary to further the
interest of the parties in this litigation;
5) independent consultants or expert witnesses (including partners,
associates and employees of the firm which employs such consultant or expert) retained by a party
or its attorneys for purposes of this litigation, but only to the extent necessary to further the interest
of the parties in this litigation, and only after such persons have completed the certification attached
hereto as Attachment A, Acknowledgment of Understanding and Agreement to be Bound;
6) the Court and its personnel, including, but not limited to,
stenographic reporters regularly employed by the Court and stenographic reporters not regularly
employed by the Court who are engaged by the Court or the parties during the litigation of this
action;
7) the authors and the original recipients of the documents;
8) any court reporter or videographer reporting a deposition;
9) employees of copy services, microfilming or database services, trial
support firms, and/or translators who are engaged by the parties during the litigation of this action;
10) interviewees, potential witnesses, deponents, hearing or trial
witnesses, and any other person, where counsel for a party to this action in good faith determines
the individual should be provided access to such information in order for counsel to more
effectively prosecute or defend this action (as long as the disclosure occurs in the presence of
counsel, and copies, duplicates, images, or the like are not removed or retained by any interviewee,
potential witness, deponent, or hearing or trial witness), provided, however, that in all such cases
the individual to whom disclosure is to be made has been informed that the information contained
in the disclosed document(s) is confidential and protected by Court Order, that the individual
understands that he/she is prohibited from disclosing any information contained in the document(s)
to anyone; or
11) any other person agreed to in writing by the parties.
Prior to being shown any documents produced by another party marked “CONFIDENTIAL
– SUBJECT TO PROTECTIVE ORDER,” any person listed under paragraph 6(b)(3), 6(b)(4), or
6(b)(11) shall be advised that the confidential information is being disclosed pursuant to and
subject to the terms of this Protective Order.
c. Persons To Whom Information Marked “Attorneys’ Eyes Only” May
Be Disclosed. Use of any information, documents, or portions of documents marked
“ATTORNEYS’ EYES ONLY – SUBJECT TO PROTECTIVE ORDER,” including all
information derived therefrom, shall be restricted solely to the following persons who agree to be
bound by the terms of this Protective Order, unless additional persons are stipulated by counsel or
authorized by the Court:
1) outside counsel of record for the parties, and the administrative staff
of outside counsel’s firms;
2) independent consultants or expert witnesses (including partners,
associates and employees of the firm which employs such consultant or expert) retained by a party
or its attorneys for purposes of this litigation, but only to the extent necessary to further the interest
of the parties in this litigation, and only after such persons have completed the certification attached
hereto as Attachment A, Acknowledgment of Understanding and Agreement to be Bound;
3) the Court and its personnel, including, but not limited to,
stenographic reporters regularly employed by the Court and stenographic reporters not regularly
employed by the Court who are engaged by the Court or the parties during the litigation of this
action;
4) the authors and the original recipients of the documents;
5) any court reporter or videographer reporting a deposition;
6) employees of copy services, microfilming or database services, trial
support firms, and/or translators who are engaged by the parties during the litigation of this action;
7) any other person agreed to in writing by the parties,
but only to the extent necessary to further the interest of the parties in this litigation, and only after
such persons have completed the certification attached hereto as Attachment A, Acknowledgment
of Understanding and Agreement to be Bound. Prior to being shown any documents produced by
another party marked “ATTORNEYS’ EYES ONLY – SUBJECT TO PROTECTIVE ORDER,”
any person listed under paragraph 6(c)(8) shall be advised that the confidential information is being
disclosed pursuant to and subject to the terms of this Protective Order.
7. Disclosure To And Identification of Experts and Consultants.
If any Party desires to disclose “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” or
“ATTORNEYS’ EYES ONLY – SUBJECT TO PROTECTIVE ORDER” information of another
Party to any independent consultants or expert witnesses, it must first identify each independent
consultant or expert witness to the Producing Party’s attorneys in writing. Such identification shall
include: (1) the proposed consultant’s or expert’s full name, professional address, and professional
affiliations; (2) an up-to-date curriculum vitae identifying publications authored; (3) a list of the
cases in which the consultant or expert has testified at a deposition or at trial within the last four
years; (4) a list of the consultant’s or expert’s past five years of consulting history; and (5) an
executed copy of the Attachment A, Acknowledgment of Understanding and Agreement to be
Bound.
The attorneys for the Producing Party shall have five (5) business days from receipt of such
notice to object to such disclosure, during which time no such disclosure shall be made. If the
Producing Party does object to the proposed disclosure, the Parties shall meet and confer within
five (5) business days of receipt of such objection to resolve the disagreement. If the Parties are
not able to come to an agreement, the Producing Party shall have the burden of moving the Court
for an order prohibiting the disclosure within five (5) business days of the meet and confer. If no
motion is filed within five (5) business days, the Producing Party’s objection will be deemed
withdrawn and the Receiving Party may share Confidential Information with the consultant or
expert. The Receiving Party shall have five (5) business days after the Producing Party has filed
a motion to respond. If such a motion is filed, disclosure shall not be made until the Court has
ruled on the motion and response. If the Court orders disclosure, such disclosure shall not in any
way affect the designation of the material or information disclosed, nor shall it allow any Party to
deviate from the requirements of this Protective Order regarding disclosure to any other person.
8. No Waiver of Privilege. The production or disclosure of any document or
information subject to a legally recognized claim of privilege or other protection from production
shall not be deemed a waiver in whole or in part of a producing party’s claim of privilege (including
work-product immunity). Either as to the specific information disclosed or as to any other
information, even if the information involves the same or similar subject matter. Accordingly, as
expressly set forth in Fed. R. Evid. 502. (d) and (e), the parties agree to, and the Court orders,
protection of Protected Information against claims of waiver (including as against third parties and
in other Federal and State proceedings) in the event such information is produced or disclosed
during the course of the litigation, whether pursuant to a Court order, a parties’ discovery request,
or informal production, as follows:
a. the production of documents or ESI (including, without limitation,
metadata) subject to a legally recognized claim of privilege or other protection from production or
other disclosure (collectively, “Protected Information”), including without limitation the attorney-
client privilege and work-product doctrine, shall in no way constitute the voluntary disclosure of
such Protected Information;
b. the production of Protected Information shall not result in the waiver of any
privilege or protection associated with such Protected Information as to the receiving party, or any
third parties, and shall not result in any waiver of protection, including subject matter waiver, of
any kind;
c. if any document or ESI (including, without limitation, metadata) received
by a party is on its face clearly subject to a legally recognizable privilege, immunity, or other right
not to produce such information, the Receiving Party will promptly notify the Producing Entity in
writing that it has discovered Protected Information, identify the Protected Information by Bates
Number range, and return or sequester such Protected Information until the Producing Entity
confirms whether it does indeed assert any privilege protecting this information. Once the
Producing Entity asserts privilege over such Protected Information (as described in Subparagraph
(e) below), the Receiving Party will return, sequester, or destroy all copies of such Protected
Information, along with any notes, abstracts or compilations of the content thereof, within ten (10)
business days of notice from the Producing Entity;
d. if the Producing Entity intends to assert a claim of privilege or other
protection over Protected Information identified by the receiving party, the Producing Entity will,
within ten (10) business days of receiving the Receiving Party’s written notification, inform the
Receiving Party of such intention in writing. The Producing Entity shall provide the Receiving
Party with a log for such Protected Information that is consistent with the requirements of the
Federal Rules of Civil Procedure, setting forth the basis for the claim of privilege, immunity or
basis for non-disclosure, and in the event, if any portion of the Protected Information does not
contain privileged or protected information, the Producing Entity shall also provide to the
Receiving Party a redacted copy of the Protected Information that omits the information that the
Producing Entity believes is subject to a claim of privilege, immunity or other protection;
e. if, during the course of the litigation, a party determines it has produced
Protected Information, the Producing Entity may notify the Receiving Party of such production in
writing. The Producing Entity’s written notice must identify the Protected Information by Bates
Number range, the privilege or protection claimed, and the basis for the assertion of the privilege
and shall provide the receiving party with a log for such Protected Information that is consistent
with the requirements of the Federal Rules of Civil Procedure, setting forth the basis for the claim
of privilege, immunity or basis for non-disclosure, and in the event any portion of the Protected
Information does not contain privileged or protected information, the Producing Entity shall also
provide to the receiving party a redacted copy of the Protected Information that omits the
information that the Producing Entity believes is subject to a claim of privilege, immunity or other
protection. The Producing Entity must also demand the return of the Protected Information. After
receiving such written notification, the Receiving Party must, within ten (10) business days of
receiving the written notification, return, sequester, or destroy the specified Protected Information
and any copies, along with any notes, abstracts or compilations of the content thereof;
f. a Receiving Party’s return, sequestration, or destruction of such Protected
Information as provided in the Subparagraphs above will not act as a waiver of the Receiving
Party’s right to move for the production of the returned, sequestered, or destroyed Protected
Information on grounds that the Protected Information is not in fact subject to a viable claim of
privilege or other protection. However, the Receiving Party is prohibited and estopped from
arguing that the Producing Entity’s production of the Protected Information in this matter acts as
a waiver of applicable privileges or protections, that the disclosure of the Protected Information
by the Producing Entity was not inadvertent, that the Producing Entity did not take reasonable
steps to prevent the disclosure of the Protected Information, or that the Producing Entity did not
take reasonable steps to rectify such disclosure; and
g. nothing contained herein is intended to or shall limit a Producing Entity’s
right to conduct a review of documents or ESI (including, without limitation, metadata), for
relevance, responsiveness, and/or the segregation of privileged and/or protected information
before such information is produced to the Receiving Party.
9. Designation of Copies. Prior to production to another party, all copies, electronic
images, duplicates, extracts, summaries, or descriptions (collectively “copies”) of documents
marked with a Confidentiality Designation under this Order, or in any individual portion of such
a document, shall be affixed with the same Confidentiality Designation if it does not already appear
on the copy. All such copies shall thereafter be entitled to the protection of this Order. The term
“copies” shall not include indices, electronic databases, or lists of documents provided these
indices, electronic databases, or lists do not contain substantial portions or images of the text of
confidential documents or otherwise disclose the substance of the confidential information
contained in those documents.
10. Filing Materials Containing Information With a Confidentiality Designation.
In the event a party seeks to file with the Court any confidential information subject to protection
under this Order, that party must take appropriate action to ensure 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 (e.g., in
relation to discovery and evidentiary motions), submitting the document solely 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.
Any motion to file a document subject to this Order under seal must meet the Sixth Circuit’s
standard set forth in Shane Group, Inc. v. Blue Cross Blue Shield of Michigan, 825 F.3d 299 (6th
Cir. 2016). The burden of demonstrating the need for and appropriateness of a sealing order is
borne by the moving party, and requires the moving party to analyze in detail, document by
document, the propriety of secrecy, providing reasons and legal citations. Regardless of whether
the parties agree, it remains the Court’s independent obligation to determine whether a seal is
appropriate for any given document or portion thereof. Any proposed sealing, even when
compelling reasons exist, must be narrowly tailored to serve the compelling reasons.
When a party to this Order seeks to file documents which it believes may warrant sealing,
but is not the party who may be prejudiced by the document or documents becoming part of the
public record, the filing party shall provide the potentially-prejudiced party or parties, or any
potentially-prejudiced third party or parties, with written notification of its intent to file such
documents at least (14) fourteen days before doing so. After being provided such notice, the
potentially harmed party or parties will then have (7) seven days to file with the Court a motion
for sealing. The Court will rule on the motion as promptly as possible.
11. Attorneys Allowed to Provide Advice. Nothing in this Order shall bar or
otherwise restrict any attorney for any party from rendering advice to his or her client with respect
to this case or from doing anything necessary to prosecute or defend this case and furthering the
interests of his or her client, except for the disclosure of the Confidential Information as proscribed
in this Order.
12. Excluding Others from Access. Whenever information bearing a Confidentiality
Designation pursuant to this Protective Order is to be discussed at a deposition, the person or entity
that designated the information may exclude from the room any person, other than persons
designated in Paragraph 6 of this Order, as appropriate, for that portion of the deposition.
13. Disclosure to Other Entities. Any Party or person in possession of Confidential
Information who receives a subpoena (or other process) from any person (including, but not limited
to, natural persons, corporations, partnerships, firms, governmental agencies, departments or
bodies, boards, or associations) who is not a party to this Protective Order, which subpoena (or
other process) seeks production or other disclosure of such Confidential Information, shall
promptly give written notice by e-mail or overnight mail delivery to counsel for the Producing
Party identifying the materials sought and enclosing a copy of the subpoena or other process. The
Party or person receiving the subpoena shall also inform the person seeking the Confidential
Information that such information is confidential, subject to this Protective Order, and may not be
disclosed without either (i) the consent of the Producing Party or (ii) a court order. The person
subject to the subpoena or other process shall not produce or disclose the requested information
until ordered to do so by a court of competent jurisdiction or by consent of the Producing Party.
14. Disputes as to Designations. Each party has the right to dispute the Confidentiality
Designation asserted by any other party or subpoenaed person or entity in accordance with this
Protective Order. If a party believes that any documents or materials have been inappropriately
designated by another party or subpoenaed party, that party shall confer with counsel for the person
or entity that designated the documents or materials. As part of that conferral, the designating
person or entity must assess whether redaction is a viable alternative to complete non-disclosure.
If any party challenges the Confidentiality Designation of any document or information, the burden
to properly maintain the designation shall, at all times, remain with the person or entity that made
the designation to show that said document or information should remain protected pursuant to
Federal Civil Rule 26(c). In the event of disagreement, then the designating person or entity shall
file a motion pursuant to Federal Civil Rule 26(c). A party who disagrees with the designation
must nevertheless abide by that designation until the matter is resolved by agreement of the parties
or by order of the Court.
15. Information Security Protections. Any person in possession of Confidential
Information received from another person or entity in connection with this Action shall maintain
an information security program that includes reasonable administrative, technical, and physical
safeguards designed to protect the security and confidentiality of such Confidential Information,
protect against any reasonably anticipated threats or hazards to the security of such Confidential
Information, and protect against unauthorized access to or use of such Confidential Information.
If a Receiving Party discovers a breach of security, including any actual or suspected
unauthorized access, to Confidential Information subject to this Order, they shall: (1) notify the
person or entity who designated the materials under the terms of this Order of such breach;
(2) investigate and take reasonable efforts to remediate the effects of the breach; and (3) provide
sufficient information about the breach that the Producing Entity can reasonably ascertain the size
and scope of the breach. The Receiving Party agrees to cooperate with the Producing Entity or
law enforcement in investigating any such security incident. In any event, the Receiving Party
shall promptly take all necessary and appropriate corrective action to terminate the unauthorized
access.
16. All Trials Open to Public. All trials, and certain pretrial proceedings and hearings,
are open to the public (collectively a “Public Hearing” or “Public Hearings”). Absent further order
of the Court, there will be no restrictions on any Party’s ability to the use during a Public Hearing
any document or information that has marked with a Confidentiality Designation or documents or
information derived therefrom that would disclose such confidential information. However, if a
party intends to present at a Public Hearing any document or information that has been so
designated, the party intending to present such document or information shall provide advance
notice to the person or entity that made the Confidentiality Designation at least (5) five days before
the Public Hearing by identifying the documents or information at issue as specifically as possible
(i.e., by Bates Number, page range, deposition transcript line, etc.) without divulging the actual
documents or information. Any person may then seek appropriate relief from the Court regarding
restrictions on the use of such documents or information at trial, or sealing of the courtroom, if
appropriate.
17. No Waiver of Right to Object. This Order does not limit the right of any party to
object to the scope of discovery in the above-captioned action.
18. No Determination of Admissibility. This Order does not constitute a
determination of the admissibility or evidentiary foundation for the documents or a waiver of any
party’s objections thereto.
19. No Admissions. Designation by either party of information or documents under
the terms of this Order, or failure to so designate, will not constitute an admission that information
or documents are or are not confidential or trade secrets. Neither party may introduce into evidence
in any proceeding between the parties, other than a motion to determine whether the Protective
Order covers the information or documents in dispute, the fact that the other party designated or
failed to designate information or documents under this Order.
20. No Prior Judicial Determination. This Order is based on the representations and
agreements of the parties and is entered for the purpose of facilitating discovery in this action.
Nothing in this Order shall be construed or presented as a judicial determination that any
documents or information as to which counsel or the parties made a Confidentiality Designation
is in fact 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.
21. 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.
22. Parties May Consent to Disclosure. Nothing shall prevent disclosure beyond the
terms of this Order if all parties consent to such disclosure, or if the Court, after notice to all
affected parties, permits such disclosure. Specifically, if and to the extent any party wishes to
disclose any Confidential Information beyond the terms of this Order, that party shall provide all
other parties with reasonable notice in writing of its request to so disclose the materials. If the
parties cannot resolve their disagreement with respect to the disclosure of any Confidential
Information, then a party may petition the Court for a determination of these issues. In addition,
any interested member of the public may also challenge the designation of any material as
confidential, pursuant to the terms of this paragraph.
23. Return of Materials Upon Termination of Litigation. Within 60 days after the
entry of a final judgment no longer subject to appeal on the merits of this case, or the execution of
any agreement between the parties to resolve amicably and settle this case, the parties and any
person authorized by this Protective Order to receive confidential information shall return to the
Producing Entity, or destroy, all information and documents subject to this Protective Order, unless
the specific document or information has been offered into evidence or filed without restriction as
to disclosure. The party returning or destroying the documents or other information shall certify
that it has not maintained any copies of confidential information, except as permitted by this Order.
24. Counsel Allowed to Retain Copy of Filings. Nothing in this Protective Order
shall prevent outside counsel for a party from maintaining in its files a copy of any filings in the
Action, including any such filings that incorporate or attach Confidential Information. Moreover,
an attorney may use his or her work product in subsequent litigation provided that such use does
not disclose any Confidential Information.
IT IS SO ORDERED.
/s/ Chelsey M. Vascura
CHELSEY M. VASCURA
UNITED STATES MAGISTRATE JUDGE
AGREED TO:
Respectfully submitted,
/s/ Martha Brewer Motley /s/ Cindy Chang
Martha Brewer Motley (0083788) Gerhardt A. Gosnell II (0064919)
Arryn K. Miner (0093909) Trial Counsel
Danielle Scoliere Rice (0093757) Jonathan P. Corwin (0075056)
Vorys, Sater, Seymour and Pease LLP ARNOLD & CLIFFORD LLP
52 E. Gay Street 115 W. Main Street, Suite 400
Columbus, Ohio 43215 Columbus, Ohio 43215
Tel: 614.464.5626 Tel: 614.460.1600
Fax: 614.719.5080 Fax: 614.469.1093
E-mail: mbmotley@vorys.com E-mail: ggosnell@arnlaw.com
akminer@vorys.com jcorwin@arnlaw.com
dsrice@vorys.com
Cindy Chang (admitted pro hac vice)
Jeanne M. Gills Goodwin Procter LLP
R. Spencer Montei The New York Times Building
Foley & Lardner LLP 620 Eighth Avenue
321 North Clark St., Suite 3000 New York, New York 10018-1405
Chicago, Illinois 60654 E-mail: CindyChang@goodwinlaw.com
Tel: 312.832.4500
Fax: 312.832.4700 Robert D. Carroll (admitted pro hac vice)
E-mail: jmgills@foley.com Goodwin Procter LLP
rmontei@foley.com 100 Northern Avenue
Boston, MA 02210
Counsel for Plaintiff Research Institute E-mail: rcarroll@goodwinlaw.com
at Nationwide Children’s Hospital
Counsel for Defendants Avalon Globocare
Corp. and Genexosome Technologies, Inc.
/s/ Glenn Seiden
Glenn Seiden, pro hac vice
Seiden Law Group, P.C.
333 S. Wabash Avenue, Suite 2700
Chicago, Illinois 60604
312.236:3060
gseiden@seidenaroup.law
Counsel for Defendant Yu Zhou
THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Research Institute at Nationwide :
Children’s Hospital, :
: Case No. 2:19-cv-04574
Plaintiff, :
: Judge Sarah D. Morrison
v. :
: Magistrate Chelsey M. Vascura
Avalon Globocare Corp. and Genexosome :
Technologies, Inc. et al., :
:
Defendants.
FORM PROTECTIVE ORDER
ATTACHMENT A
The undersigned hereby acknowledges that [he/she] has read the Protective Order dated
[INSERT DATE OF OPERATIVE PROTECTIVE ORDER] in the above-captioned action 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” or “ATTORNEYS’ EYE ONLY – SUBJECT TO PROTECTIVE
ORDER” in accordance with the Order, solely for the purpose 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.
Name:
Job Title:
Employer:
Business Address:
Date:
Signature