Doe (L.M.H.) v. Red Roof Inns, Inc. et al

Filing 35

Protective Order signed by Magistrate Judge Elizabeth Preston Deavers on 3/11/25. (sem)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Case Nos. 24-cv-00389; 24-cv-01823
IN RE: HOTEL TVPRA LITIGATION 1
Judge Algenon L. Marbley
Magistrate Judge Elizabeth A. Preston Deavers
PROTECTIVE ORDER
Pursuant to Rules 26(c) and 5.2 of the Federal Rules of Civil Procedure and Rule 502(d)
of the Federal Rules of Evidence, and their inherent authority, the Court hereby orders the entry of
the following Protective Order in this matter.

I.

DEFINITIONS
A.

“Action” means Jane Does J.N.K. and L.M.H. v. Red Roof Inns, Inc., et al.,
presently pending in the Southern District of Ohio, Eastern Division.

B.

“Party” means any party named in this Action.

C.

“Non-Party” means any natural person, partnership, corporation, association, or
other legal entity not named as a Party in this Action.

D.

“Plaintiff’s “True Identity” means the Plaintiff’s personally identifiable
information, including: (i) names and aliases used by Plaintiff at any time; (ii)
Plaintiff’s date of birth; (iii) Plaintiff’s social security number; (iv) Plaintiff’s
current and prior residential addresses; (v) Plaintiff’s phone numbers and social
media or online user account names; (vi) Plaintiff’s likeness; and (vii) the names
of Plaintiff’s biological or adoptive parents, and biological siblings.

E.

“Confidential” information means Discovery Material (regardless of how it is
generated, stored or maintained) or tangible things that contain: (i) potentially
sensitive personal identifying or financial information, including but not limited
to, dates of birth, social security numbers, phone numbers, employment histories,

For the convenience of the parties and for administrative purposes, the Court will collectively
refer to Case No. 2:19-cv-755 and all Related Cases as “In re Hotel TVPRA Litigation.” The
Clerk is DIRECTED to file this Notice in ONLY those cases identified in the caption.
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or credit card information; (ii) any trade secret, confidential research,
development, commercial, or competitively sensitive information, as such terms
are used in Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure.; and (iii)
any material prohibited from disclosure by statute or Court Order but is
nonetheless discoverable.
F.

“Highly Confidential” information means Discovery Material (regardless of how
it is generated, stored or maintained) that includes information that a Party
reasonably believes in good faith not to be in the public domain and which
constitutes, reflects, discusses, or contains any trade secret or proprietary
information that the Party has maintained as non-public or confidential.

G.

“Designating Party” means a Party or Non-Party that designates information or
items that it produces in disclosures or in responses to discovery and marks as
“CONFIDENTIAL,” “HIGHLY CONFIDENTIAL” or “CONFIDENTIAL –
PLAINTIFF’S TRUE IDENTITY.”

H.

“Discovery Material” means all items or information, regardless of the medium
or manner generated, stored, or maintained (including, among other things,
testimony, transcripts, or tangible things) that are produced, disclosed, or
generated by the Designating Party in connection with discovery in this case.

I.

“Outside Counsel” means attorneys who are not employees of a Party but are
retained to represent or advise a Party to the Action, and persons who are
employees, partners, or shareholders of a law firm that represents or has appeared
on behalf of a Party in this action.

J.

“In-House Counsel” means Attorneys who are employees of a Party.

K.

“Counsel” (without qualifier) means Outside Counsel and In-House Counsel (as
well as their support staffs).

L.

“Final Disposition” means the later of (i) dismissal of all claims and defenses in
this Action, with or without prejudice; and (ii) final judgment herein after the
completion and exhaustion of all appeals, re-hearings, remands, trials, or reviews
of this action, including the time limits for filing any motions or applications for
extension of time pursuant to applicable law.

M.

“Producing Party” means any Party or non-party that discloses or produces any
Discovery Material in this case.

N.

“Protected Material” means any Discovery Material that is designated
“CONFIDENTIAL,” “HIGHLY CONFIDENTIAL” or “CONFIDENTIAL –
PLAINTIFF’S TRUE IDENTITY” as provided for in this Order.

O.

“Receiving Party” means any Party who receives Discovery Material from a
Producing Party.

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II.

P.

“Expert” means a person with specialized knowledge or experience in a matter
pertinent to this lawsuit who has been retained by a Party or their Counsel to serve
as an expert witness or consultant in this Action.

Q.

“Professional Vendors” means persons or entities that provide litigation support
services (e.g., document and ESI processing, hosting, review and production,
photocopying, videotaping, translating, preparing exhibits or demonstrations, and
organizing, storing, or retrieving data in any form or medium) and their
employees or subcontractors.

SCOPE AND DURATION
A.

The protections conferred by this Order cover not only Discovery Material but
also (i) any information extracted from Discovery Material; (ii) all copies,
excerpts, summaries, or compilations of Discovery Material; and (iii) any
testimony, conversations, or presentations by Parties or their Counsel that might
reveal Discovery Material.

B.

This Order does not confer blanket protections on all disclosures during
discovery, or in the course of making initial or supplemental disclosures under
Rule 26(a) of the Federal Rules of Civil Procedure.

C.

This Order is without prejudice to the right of any Party to seek further or
additional or less restrictive protection of any Discovery Material or to modify
this Order in any way, including, without limitation, an order that certain matter
not be produced at all.

D.

To the extent a Designating Party provides Protected Material under the terms of
this Protective Order to the Receiving Party, the Receiving Party shall not share
that material with any non-party, absent express written permission from the
Designating Party, unless in conformance with this Protective Order.

E.

Not later than ninety (90) days after the Final Disposition of this case, each Party
shall return all Protected Material to the Designating Party’s Counsel or destroy
such Protected Material.

F.

All Parties that have received any such Protected Material shall, upon request by
the Designating Party, certify in writing that all Protected Material has been
returned to the Designating Party’s Outside Counsel or destroyed.
Notwithstanding the foregoing, counsel for each party may retain all pleadings,
briefs, memoranda, discovery responses, deposition transcripts, deposition
exhibits, expert reports, motions, and other documents filed with the Court that
refer to or incorporate Protected Documents and will continue to be bound by this
Protective Order with respect to all such retained information. Further, the party
or parties receiving the Protected Documents shall keep their attorney work
product which refers or relates to any Protected Documents.

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G.

III.

Attorney work product may be used in subsequent litigation, provided that such
use does not disclose Protected Documents, or any information contained therein.
Further, this Protective Order does not prohibit counsel from using in future
proceedings affidavits or transcripts of testimony at depositions, hearings, or
trials solely to assist in the recollection of testimony or for the impeachment of a
witness, provided that any Confidential Information contained in such affidavit
or transcript is redacted or otherwise not disclosed to persons who are not
authorized by this Protective Order to receive it.

USE AND DISCLOSURE
A.

All information designated “CONFIDENTIAL” shall be used solely for the
purposes of the above-captioned litigation between the Parties. Nothing herein
shall restrict the use of Protected Material of the Producing Party by the
Producing Party.

B.

Access to a Designating Party’s information marked “CONFIDENTIAL” shall
be limited to, and only to, the following persons:
i. The Parties listed in Paragraph I.B including the current employees,
officers, and representatives of the Parties as needed to litigate any claims
or defenses.
ii. Former employees, officers, and representatives of the Parties who execute
the Acknowledgment and Agreement to Be Bound attached to this
Protective Order as Exhibit A;
iii. Employees of a Designating Party’s franchised or branded property,
provided that any such employee or former employee executes the
Acknowledgment and Agreement to Be Bound attached to this Protective
Order as Exhibit A;
iv. Current and former contractors of the Parties who execute the
Acknowledgment and Agreement to Be Bound attached to this Protective
Order as Exhibit A;
v. Counsel for the Parties, retained specifically for this action and employees,
agents, and representatives of counsel as needed to litigate any claims or
defenses;
vi. Adjusters and claims professionals of an insurer or indemnitor of a Party
and counsel for such insurer or indemnitor of a Party in connection with
claims asserted in the case;
vii. The Court and Court personnel;
viii. Court reporters, recorders, and videographers engaged for depositions;

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ix. Any mediator appointed by the Court or jointly selected by the Parties;
x. Any Expert, outside consultant, or investigator retained by Outside Counsel
of Record specifically in connection with this Action and who executes the
Acknowledgment & Agreement to Be Bound attached to this Protective
Order attached to this Protective Order as Exhibit A;
xi. A person identified in the document marked “CONFIDENTIAL” as an
author, source, addressee, or recipient of the communication or document,
or who already has a copy of the document marked “CONFIDENTIAL”;
xii. Any custodian of records having custody of the document marked
“CONFIDENTIAL”;
xiii. Professional Vendors who execute the Acknowledgment & Agreement to
Be Bound attached to this Protective Order as Exhibit A;
xiv. Government agencies and agency personnel, but only to the extent that the
disclosure of Confidential information is necessary to litigate any claims or
defenses or to comply with any obligations or requirements;
xv. In the course of a deposition, any Non-Party deponent and such Non-Party
deponent’s counsel may be shown Confidential information if the NonParty deponent and the Non-Party deponent’s counsel first execute the
Acknowledgment & Agreement to Be Bound attached to this Protective
Order as Exhibit A, provided that any such Non-Party deponent and his or
her counsel may not retain any documents containing Confidential
information following the deposition; and
xvi. Such other persons as hereafter may be designated by written agreement in
this Action or by order of the Court and who execute the Acknowledgment
& Agreement to Be Bound attached as Exhibit A.
C.

Access to a Designating Party’s information marked “HIGHLY
CONFIDENTIAL” shall be limited to, and only to, the following persons:
i. Employees, officers, and representatives of the Designating Party;
ii. Employees of a Designating Party’s franchised or branded property,
provided that any such employee or former employee executes the
Acknowledgment and Agreement to Be Bound attached to this Protective
Order as Exhibit A;
iii. Plaintiff
iv. Counsel for the Parties, retained specifically for this action and employees,
agents, and representatives of counsel as needed to litigate any claims or
defenses;

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v. The Court and Court personnel and members of the jury;
vi. Court reporters, recorders, and videographers engaged for depositions;
vii. Any mediator appointed by the Court or jointly selected by the Parties;
viii. Any Expert, outside consultant, or investigator retained by Outside Counsel
of Record specifically in connection with this Action and who executes the
Acknowledgment & Agreement to Be Bound attached to this Protective
Order attached to this Protective Order as Exhibit A;
ix. A person identified in the document marked “HIGHLY CONFIDENTIAL”
as an author, source, addressee, or recipient of the communication or
document, or who already has a copy of the document marked “HIGHLY
CONFIDENTIAL”;
x. Any custodian of records having custody of the document marked
“HIGHLY CONFIDENTIAL”;
xi. Professional Vendors who execute the Acknowledgment & Agreement to
Be Bound attached to this Protective Order as Exhibit A;
xii. Adjusters and claims professionals of an insurer or indemnitor of a Party
and counsel for such insurer or indemnitor of a Party in connection with
claims asserted in the case;
xiii. Such other persons as hereafter may be designated by written agreement in
this Action or by order of the Court and who execute the Acknowledgment
& Agreement to Be Bound attached as Exhibit A.
D.

Access to “PLAINTIFF’S “TRUE IDENTITY” information shall be limited to,
and only to, the following:
i. The Parties listed in Paragraph I.B including the current employees,
officers, and representatives of the Parties as needed to litigate any claims
or defenses;
ii. Law enforcement agencies and agency personnel, but only to the extent that
the disclosure of Plaintiff’s True Identity is necessary to litigate any claims
or defenses or to comply with any Party’s discovery obligations or
requirements. To the extent that Discovery Materials are obtained, a copy
shall be provided to all Parties upon receipt so long as the Discovery
Materials are responsive to a proper and non-objectionable discovery
request. Nothing herein shall be construed as a waiver of any objections that
a Party may have to discovery requests or the production of Discovery
Materials pursuant to this provision;

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iii. Former employees, officers, contractors and representatives of the Parties,
who counsel for a Party in good faith believes may be called to testify at
trial or deposition in this action and who execute the Acknowledgment and
Agreement to Be Bound attached to this Protective Order as Exhibit A;
iv. Current and former contractors of the Parties and their Counsel, who
counsel for a Party in good faith believes may be called to testify at trial or
deposition in this action and who execute the Acknowledgment and
Agreement to Be Bound attached to this Protective Order as Exhibit A;
v. Any potential, anticipated or actual witness and their counsel who Counsel
for a Party in good faith believes may be called to testify at trial or
deposition in this action, and who execute the Acknowledgment and
Agreement to Be Bound attached to this Protective Order as Exhibit A;
vi. Counsel for the Parties, retained specifically for this action and employees,
agents, and representatives of counsel as needed to litigate any claims or
defenses;
vii. Adjusters and claims professionals of an insurer or indemnitor of a Party
and counsel for such insurer or indemnitor of a Party as needed to litigate
any claims or defenses and who execute the Acknowledgment and
Agreement to Be Bound attached to this Protective Order as Exhibit A;
viii. The Court, Court personnel and members of the jury;
ix. Court reporters, recorders, and videographers engaged for depositions;
x. Any custodian of records;
xi. Any mediator appointed by the Court or jointly selected by the Parties who
executes the Acknowledgment and Agreement to Be Bound attached to this
Protective Order as Exhibit A;
xii. Any Expert, outside consultant, or investigator retained by Outside Counsel
of Record specifically in connection with this Action and who have signed
the Acknowledgment & Agreement to Be Bound attached to this Protective
Order attached to this Protective Order as Exhibit A;
xiii. Professional Vendors but only to the extent that the disclosure of Plaintiff’s
Identity is necessary to litigate any claims or defenses and who have signed
the Acknowledgment & Agreement to Be Bound attached to this Protective
Order as Exhibit A;
xiv. Government agencies and agency personnel, but only to the extent that the
disclosure of Plaintiff’s True Identity is necessary to litigate any claims or
defenses or to comply with any obligations or requirements; To the extent
that Discovery Materials are obtained, a copy shall be provided to all Parties
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upon receipt so long as the Discovery Materials are responsive to a proper
and non-objectionable discovery request. Nothing herein shall be construed
as a waiver of any objections that a Party may have to discovery requests or
the production of Discovery Materials pursuant to this provision;
xv. The Plaintiff’s trafficker and/or the trafficker’s known associates, but only
after providing 7-day notice to the Plaintiff of the intention to contact the
trafficker to permit Plaintiff to seek further protection from the Court should
it be necessary. The Plaintiff’s True Identity will be revealed to the
trafficker and/or known associates only to the extent necessary to assist in
their recollection of Plaintiff and her trafficking history. Plaintiff’s and
Plaintiff’s family’s physical location will never be disclosed to Plaintiff’s
trafficker and/or the trafficker’s associates; and
xvi. Such other persons as hereafter may be designated by written agreement in
this Action or by order of the Court and who execute the Acknowledgment
& Agreement to Be Bound attached as Exhibit A.

IV.

E.

Plaintiff represents that, consistent with her privacy concerns, it is her intent not
to disclose her identity or image in relation to the status of this matter or the
underlying allegations on social media or with any media outlet while the case is
pending. The identity and image protections provided to Plaintiff in this
Protective Order will become inapplicable if Plaintiff does disclose her identity
or image in relation to the underlying allegations on social media or with any
media outlet while the case is pending.

F.

Prior to any disclosure of Plaintiff’s “True Identity” or any Discovery Material
marked
“CONFIDENTIAL,”
“HIGHLY
CONFIDENTIAL”
or
“CONFIDENTIAL – PLAINTIFF’S TRUE IDENTITY” to any person required
by this Order to execute the Acknowledgement & Agreement to Be Bound
attached as Exhibit A, such person shall be provided a copy of this Protective
Order and shall sign the Acknowledgement & Agreement to Be Bound, in the
form annexed as Exhibit A hereto stating that that person has read this Protective
Order and agrees to be bound by its terms. Counsel shall retain each signed
Acknowledgement & Agreement to Be Bound.

G.

In the event Counsel for a Party wishes that Protected Material be disclosed to
anyone beyond that which is allowed in this Order, the Parties shall confer in
good faith and attempt to resolve the matter; if no agreement can be reached, the
matter shall be referred to the Court for resolution. If an agreement is reached, or
the Court decides that the document(s) or information shall be disclosed, the
person to whom disclosure is to be made shall execute an Acknowledgement.

DESIGNATING PROTECTED MATERIAL
A.

When producing Protected Material, the Producing Party shall mark every page
of any such document prior to production as “CONFIDENTIAL,” “HIGHLY

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CONFIDENTIAL,” or “CONFIDENTIAL – PLAINTIFF’S TRUE IDENTY” as
appropriate. For digital files being produced, the Producing Party may mark each
viewable page or image with the appropriate designation.
B.

All Protected Material produced in native format, which cannot be designated as
set forth in Paragraph IV(A) above, shall be given a file name consisting of a
unique Bates number and, as applicable, the appropriate confidentiality
designation: for example, “ABC00000002_CONFIDENTIAL” or if not
otherwise reduced to documentary, tangible, or physical form, or which cannot
be conveniently designated pursuant to the preceding Paragraph IV(A), shall be
designated by the Producing Party in writing to the Receiving Party and the
designated information shall thereafter be treated in accordance with the terms of
this Order.

C.

In the event that a Producing Party fails to stamp or otherwise designate a
document or other information as confidential at the time of its production, that
Producing Party may do so thereafter on notice to all of the Receiving Parties;
provided however, that the Receiving Party shall not be liable for any disclosure
or use of such information that may have occurred prior to receiving notice of the
confidential designation. Upon receiving the Protected Material with the correct
confidentiality designation, the Receiving Party shall return or securely destroy,
at the Designating Party’s option, all Discovery Material that was not designated
properly.

D.

If at any time during the deposition of a Party’s or Non-Party's employee, agent,
or representative, information is sought that the Party or non-party considers to
be Protected Material, Counsel for the Party or Non- Party may interrupt the
deposition so as to ask persons to whom disclosure of Protected Material is not
authorized to leave the room. Aside from deponents, only persons to whom
Protected Material is authorized to be shown shall be permitted to attend
confidential portions of depositions involving Protected Material.

E.

For testimony given in deposition or in a pre-trial hearing, the Parties may agree
on the record during the deposition or pre-trial hearing that testimony in that
proceeding will or will not be treated as CONFIDENTIAL, HIGHLY
CONFIDENTIAL or CONFIDENTIAL – PLAINTIFF’S TRUE IDENTITY. If
a Party requests on the record during a deposition or pre-trial hearing that said
testimony be provisionally treated as CONFIDENTIAL, HIGHLY
CONFIDENTIAL or CONFIDENTIAL – PLAINTIFF’S TRUE IDENTITY ,
then said deposition or hearing testimony shall be treated as requested until 30
days after the transcript is delivered by the court reporter to each Party’s Outside
Counsel. Otherwise, deposition or hearing testimony taken in this case shall be
provisionally treated as CONFIDENTIAL until thirty (30) days after the
transcript is delivered by the court reporter to each Party’ s Outside Counsel of
Record. Within the 30-day period following the court reporter’s delivery of the
transcript, any Party may serve a Notice of Designation to all other Parties as to
specific portions of the testimony that shall be designated as CONFIDENTIAL,

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HIGHLY CONFIDENTIAL or CONFIDENTIAL – PLAINTIFF’S TRUE
IDENTITY. After the 30-day period, only those portions identified in any Notice
of Designation shall be protected by the terms of this Protective Order. The
Parties may agree to a reasonable extension of the 30-day period for designation.
To the extent that deposition or hearing testimony is sought concerning Protected
Material during any deposition, any Party may exclude any person from the
deposition or other venue during such testimony if the Confidential, Highly
Confidential or Plaintiff’s True Identify information may not be disclosed to such
person under the terms of this Protective Order. Parties shall endeavor to give the
other Parties notice if they reasonably expect a deposition, hearing, or other
proceeding to implicate Protected Material.

V.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
A.

A Receiving Party shall not be obligated to challenge the propriety of any
“CONFIDENTIAL,” “HIGHLY CONFIDENTIAL” or “CONFIDENTIAL –
PLAINTIFF’S TRUE IDENTITY” designation by the Designating Party of
Discovery Material under this Order at the time the designation is made, and a
failure to do so shall not preclude a subsequent challenge thereto.

B.

Any challenge to a designation of the Designating Party's Discovery Material
under this Order shall be written, shall be served on Counsel for the Designating
Party, shall particularly identify the documents or information that the Receiving
Party contends should be differently designated, and shall state the grounds for
the objection. Thereafter, further protection of such material shall be resolved in
accordance with the following procedures:
i. The Receiving Party shall have the burden of conferring either in person, in
writing, or by telephone with the Designating Party in a good faith effort to
resolve the dispute. The Designating Party shall have the burden of
justifying the disputed designation.
ii. The entry of this Order shall not preclude or prejudice either the Designating
Party or the Receiving Party from arguing for or against any designation,
establish any presumption that a particular designation is valid, or alter the
burden of proof that would otherwise apply in a dispute over discovery or
disclosure of information.
iii. Notwithstanding any challenge to a designation, the Protected Material in
question shall continue to be treated as designated under this Order until
one of the following occurs: (a) the Designating Party withdraws such
designation in writing; or (b) the Court rules that the Discovery Material in
question is not entitled to the designation. In the event that a Designating
Party withdraws a confidentiality designation or the Court rules that the
Discovery Material in question is not entitled to the designation, the
Designating Party shall promptly reproduce the information in question
with the appropriate confidentiality designation, if any, as applicable.

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VI.

REDACTIONS
A. The Producing Party may redact from any TIFF image, metadata field, or native file
material that is protected from disclosure by applicable privilege or immunity.
materials, and other information that it is not permitted by laws and regulations to be
disclosed in litigation even with Court-imposed confidentiality restrictions. Parties may
also redact potentially sensitive personal identifying information of Non-Parties.
Should the need arise, the Parties will meet and confer on the appropriateness of a given
redaction. The Producing Party shall identify redactions clearly on the face of any TIFF
image, either with “Redacted” or the redaction reason on the face of the Document if
space allows (e.g., Privilege, Privacy, etc.).
B. During the pre-trial proceedings in this litigation and in any public filing, the Parties
will either redact Plaintiff’s True Identity or use the pseudonym “A.M.G.” in place of
Plaintiff’s Identity.
C. Notwithstanding any of the foregoing provisions, nothing contained herein shall be
construed as a waiver of a Party’s ability to challenge such redactions. The burden as
to the propriety of any redaction remains on the redacting Party at all times.

VII.

PARTY’S OWN INFORMATION
A. The restrictions on the use of Confidential information and Highly Confidential
information established by this Protective Order and are applicable only to the use of
Confidential information or Highly Confidential information received by a Party from
another Party or from a Non-Party. A Party is free to do whatever it desires with its own
Confidential information or Highly Confidential information, provided that any
dissemination of Confidential information or Highly Confidential information by the
Party may result in that information no longer qualifying for treatment as Confidential
information or Highly Confidential information under this Protective Order.

VIII. PLAINTIFF’S IDENTITY
A. Within three days of the entry of this Order by the Court, Plaintiff shall provide
Defendants, through their Counsel, with Plaintiff’s full name, maiden name, alias
names used at any time, and date of birth and current addresses.
B. Nothing in this Order shall prevent any party from seeking further protections or
modification of this Order for the trial or litigation of this action. Nothing in this Order
shall prevent a Party from requesting from Plaintiff during the course of discovery any
other information that is linked or linkable to the true identity of Plaintiff or her
trafficker(s) or her/their associates, such as, but not limited to, any medical,
educational, financial, employment, or other information. Relatedly, nothing in this
Order relieves Plaintiff of the obligation to produce any discoverable documents or
information that Plaintiff would otherwise be required to produce in the normal course
of discovery. The protections conferred by this Order do not cover information that is
in the public domain or becomes part of the public domain through trial or otherwise.
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IX.

SUBPOENAS OR COURT RECORDS

If a Receiving Party receives a subpoena or other compulsory process (e.g., court order)
from any court or other arbitral, administrative, or legislative body commanding the production of
another Party’s Protected Material, the Party to whom the subpoena or other request is directed
shall immediately give prompt written notice thereof, including a copy of the subpoena (or other
compulsory process), to the Designating Party and its Counsel no later than seven days of receipt
or knowledge of the subpoena or other compulsory process to allow the Designating Party an
opportunity to move for a protective order regarding the production of Protected Materials
implicated by the subpoena or other compulsory process. The receiving Party shall not produce
any Protected Material prior to providing notice as set forth herein and shall not provide any
Protective Material prior to the date specified in the subpoena (or other compulsory process).
The requirements set forth in this section shall not apply to legally-mandated franchising
disclosures, provided that such disclosures may only disclose Protected Material to the extent it is
required to comply with legal mandates.
X.

FILING PROTECTED MATERIAL
PLAINTIFF’S IDENTITY

MATERIAL

CONTAINING

A.

Absent written permission from the Designating Party or a court order secured
after appropriate notice to all interested persons, a Receiving Party may not file
or disclose in the public record any Protected Material belonging to the
Designating Party.

B.

Any Party is authorized to seek leave to file under seal with the Court any brief,
document, or materials that are designated as Protected Material or containing
Plaintiff’s Identity under this Order.

XI.

XII.

AND

INADVERTENT DISCLOSURE NOT AUTHORIZED BY ORDER
A.

In the event of a disclosure of any Discovery Material pursuant to this Order to
any person or persons not authorized to receive such disclosure under this
Protective Order, the Party responsible for having made such disclosure, and each
Party with knowledge thereof, shall immediately notify Counsel for the
Designating Party and provide to such Counsel all known relevant information
concerning the nature and circumstances of the disclosure. The responsible
disclosing Party shall also promptly take all reasonable measures to retrieve the
improperly disclosed Discovery Material and to ensure that no further or greater
unauthorized disclosure and/or use thereof is made.

B.

Unauthorized or inadvertent disclosure does not change the status of Protected
Material or waive the right to hold the disclosed document or information as
Confidential Information.

PRODUCTION
INFORMATION

OF

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SUBSEQUENTLY

CLAIMED

PRIVILEGED
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A.

The production of privileged or work-product protected Discovery Material
(“Disclosed Protected Information”) in this case, whether inadvertent or
otherwise, is not a waiver of the privilege or protection from discovery in this
case or in any other federal or state proceeding. This Protective Order shall be
interpreted to provide the maximum protection allowed by Fed. R. Evid. 502(d).
Nothing contained herein is intended to or shall serve to limit a Party’s right to
conduct a review of any Discovery Material for relevance, responsiveness, or
segregation of privileged or protected information before production.
Additionally, the inadvertent production of Discovery Material without an
appropriate designation of Confidential Information shall not be deemed a waiver
or acknowledgment as to the confidentiality of any inadvertently produced
document and any related material.

B.

Upon discovery that a document has been produced that the Producing Party
believes to contain privileged and/or work product material, the Producing Party
must notify the Receiving Party within thirty (30) days of that discovery, in
writing, asserting the attorney-client privilege, work product protection, or other
applicable privilege or protection with respect to Disclosed Protected
Information.

C.

The Receiving Party must—unless it contests the claim of privilege or protection
in accordance with this Protective Order—within fourteen (14) days of receipt of
that writing and, to the extent applicable: (i) return, delete, or destroy all copies
of the Disclosed Protected Information; and (ii) provide a certification from
Outside Counsel of Record that all of the Disclosed Protected Information has
been returned or destroyed.

D.

Disclosed Protected Information that is sought to be reclaimed by the Parties to
this case pursuant to this Protective Order shall not be used as grounds by any
third party to argue that any waiver of privilege or protection has occurred by
virtue of any production in this case.

XIII.

MISCELLANEOUS
A.

Modification. Nothing in this Order abridges the right of any Party to seek its
modification by the Court in the future. By stipulating to or complying with this
Order, the Designating Party does not waive the right to argue that certain
Protected Material may require additional or different confidentiality protections
than those set forth herein. Furthermore, this Order is subject to modification sua
sponte by Court order.

B.

Termination of Matter and Retention of Jurisdiction. The Parties agree that the
terms of this Protective Order shall survive and remain in effect after the Final
Determination of the above-captioned matter. The Court shall retain jurisdiction
after Final Determination of this matter to hear and resolve any disputes arising
out of this Protective Order.

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C.

Successors. This Order shall be binding upon the Parties, their Outside Counsel,
subsidiaries, divisions, employees, agents, retained consultants and experts, and
any persons or organizations over which they have direct control.

D.

Right to Assert Other Objections. Designating Party does not waive any right it
otherwise would have in this action to claim that any Discovery Material, or any
portion thereof, is privileged or otherwise non-discoverable, or is not admissible
in evidence in this action or any other proceeding. Similarly, neither Party waives
any right to object on any grounds to the use in evidence of any Protected Material
covered by this Order.

E.

Burdens of Proof. Notwithstanding anything to the contrary herein, nothing in
this Protective Order shall be construed to change the burdens of proof or legal
standards applicable in disputes regarding whether particular Discovery Material
is confidential, whether disclosure should be restricted, and if so, what restrictions
should apply.

F.

Discovery Rules Remain Unchanged. Nothing herein shall alter or change in any
way the discovery provisions of the Federal Rules of Civil Procedure, the Local
Rules, or the Court's own orders. Identification of any individual pursuant to this
Protective Order does not make that individual available for deposition or any
other form of discovery outside of the restrictions and procedures of the Federal
Rules of Civil Procedure, the Local Rules or the Court's own orders.

IT IS SO ORDERED.

Date: March 11, 2025

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/s/ Elizabeth A. Preston Deavers
ELIZABETH A. PRESTON DEAVERS
UNITED STATES MAGISTRATE JUDGE

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
JANE DOE (J.N.K), JANE DOE
(L.M.H.)
Plaintiffs,
v.
RED ROOF INNS, INC., et al.,
Defendants.

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CASE NOS.: 2:24-cv-00389; 2:24-cv-01823
JUDGE ALGENON L. MARBLEY

EXHIBIT “A” TO PROTECTIVE ORDER
ACKNOWLEDGMENT & AGREEMENT TO BE BOUND
I,

, declare that:
1.

My address is
, and the name and address of my present employer is

.

2.

My title is

3.

I have received a copy of the Protective Order in the above-captioned lawsuit.

4.

I have carefully read and understand the provisions of the Protective Order, agree
to be bound by them, and specifically agree I will not use or disclose to anyone any
of the contents of any Protected Material, including Plaintiff’s True Identity received
under the protection of the Protective Order in violation thereof.

5.

I consent to the exercise of personal jurisdiction by this Court, the United States
District Court for the Southern District of Ohio, Eastern Division, in connection
with this Acknowledgment & Agreement to be Bound, and my obligations under
the Protective Order.

6.

I declare under penalty of perjury that the facts stated above are true and correct.

Executed this _____day of __________________202__ in the State of
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.

.
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By:

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(SIGNATURE)

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