Plaintiffs' reply in support of their motion for partial summary judgment

Case 2:08-cv-00575-GLF-NMK Document 75 Filed 01/14/10 Page 52 of 54
2:06-cv-844, 2008 WL 2557252, at *1, 5 (S.D. Ohio June 23, 2008) (denying motion for
reconsideration of denial of summary judgment that was based in part on the fact that defendant
“failed to file the required court reporter certification with a deposition transcript that would
enable the Court to consider the transcript as summary judgment evidence”).
c. Several Of The Exhibits Contain Documents Identifying
Mount Vernon Students By Name In Violation Of The Court’s
Protective Order.
Although the protective order the Court put in place on June 24, 2008 has been lifted as
to Zach Dennis, it remains in place as to all other minors. (See 11/16/09 Order (Doc. No. 59)
(granting that the Proposed Agreed Protective Order (Doc. No. 38) “remain in place with respect
to all minors other than James Doe”).) A number of the exhibits that defense counsel filed on
January 7, 2010 refer by name to students in the Mount Vernon City School District. (See, e.g.,
Exs. C, AA, CC, HH to Def.’s Mot. for Permission to File Out of Time to Amend/Correct.)
Because these exhibits violate this Court’s protective order, they should not be considered as
summary-judgment evidence.
III. CONCLUSION
For these reasons, Plaintiffs respectfully request that the Court grant them summary
judgment on Defendant Freshwater’s counterclaims for defamation and intentional infliction of
emotional distress and on their battery and Establishment Clause claims.
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