Kessling v. Ohio State University et al

Filing 31

ORDER granting Oral Motion for Protective Order; denying without prejudice Oral Motion to Compel. Signed by Magistrate Judge Chelsey M. Vascura on 9/29/2021. (agm)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
TIFFANY KESSLING, DDS,
Plaintiff,
Civil Action 2:20-cv-1719
Judge Sarah D. Morrison
Magistrate Judge Chelsey M. Vascura

v.
OHIO STATE UNIVERSITY, et al.,
Defendants.

ORDER
This matter came before the Court for a telephonic discovery conference on September
29, 2021. This Order memorializes the results of that conference.
Plaintiff requested the conference to address two discovery disputes. During the
conference, the undersigned ruled as follows:


Defendants’ oral motion for protective order is GRANTED. Plaintiff’s counsel
may not use documents identified as DEF_018813, 18816, 19367, 19894, or
20223 in another case against OSU, because these documents were designated
when produced by Defendants as “confidential” under the Stipulated Protective
Order (ECF No. 20). Although the parties reached an agreement regarding the
privileged nature of the documents, that agreement did not alter the Stipulated
Protective Order’s provisions preventing use of the documents outside of
preparing for and conducting discovery and trial in this action.



Plaintiff’s oral motion to compel responses to her First Set of Interrogatories and
Request for Production of Documents directed to the Individual Defendants in
their Personal Capacities is DENIED WITHOUT PREJUDICE. Fact discovery
as to damages shall not be conducted until after the Court’s ruling on summary
judgment. To coincide with the already-established deadlines on expert damages
discovery (see Preliminary Pretrial Order 2, ECF No. 18), fact discovery as to
damages shall be completed within 60 days of the Court’s ruling on summary
judgment. Plaintiff’s already-propounded discovery requests regarding the
individual Defendants’ net worth shall be deemed served on the day of the

Court’s ruling on summary judgment, and responses shall be due 30 days after the
Court’s ruling on summary judgment.

IT IS SO ORDERED.

/s/ Chelsey M. Vascura
CHELSEY M. VASCURA
UNITED STATES MAGISTRATE JUDGE

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