kus aau-ear-urU pew Copy N THE CouRT OF COMMON PLEAS Eric County, Ou10 Mr. Andrew A. OLIVER, Case No. 2008-CV-0762 ) ) Plaintiff, ) ) os ) ) NATIONAL COLLEGIATE ATHLETIC ) Order ASSOCIATION, ) and ) Judgment Entry ) Defendant. Upon consideration of the Plaintiff's Motion for Contempt and Supplemental Mo- tion for Contempt, the Defendant's Response in Opposition, and the Plaintiff's Notices of Additional Authority and Evidence, this Court finds the Plaintiff's Motions to be well- taken, and the same are hereby GRANTED. This Court finds that there is probable cause to believe that the Defendant NCAA is in indirect civil and criminal contempt of its TRO, issued August 15, 2008, as well as its Order & Judgment, issued February 12, 2009. See Ohio Department of Taxation v. Kunkle, 2008-Ohio-6393, 179 Ohio App. 3d 747, 903 N.E.2d 692 (6" Dist., Fulton 2008). As such, the Defendant NCAA is hereby ordered to show cause why it should not bbe held in contempt of this Court with seven (7) days of the date of this Order (no exten: sion of time will be granted in this regard). Attached to the show cause response, the Defendant NCAA shall attach in chronological order the following 1. All communications and documents related to its non-compliance with this Court's TRO of August 15, 2008; 2, All communications and documents related to the Plaintiff that were ex- changed between the Defendant NCAA and OSU from February 12, 2009May 12 09 09:55a —-RGI 440-247-0710 IN THE COURT OF COMMON PLEAS, ERIE COUNTY, OHIO (o the Present; and 3, All communications and documents related to the Defendant NCAA's statements quoted in the New York Times on April 2 & 5, 2009, as well as, in its Memo of May 11, 2009, which shall include in addition any com- ‘monications and dacuments exciianged on that subject with its member in- stitutions or any third-party as well as any internal communications or documents on that subject. This Court initially believes that no sucit documents should be redacted in any manner, since the names of any such student-athletes are discoverable to the Plaintiff in regards to item number 2, above, and since none of the above-referenced information is subject to any legally recognizable privilege (nor are they educational records subject to federal privacy legislation), but if the Defendant NCAA believes differently, it may re- dact such documents and file the unredacted versions under seal, which will then be re- viewed in camera under a Civil Rule 11 standacd. This Court shall conduct an aw hearing on the Plant's Motion and Supplemental Motion for Contempt on_27t _ anda, "be, 2009, u7_.02 (@plpm. At this evidentiary hearing, the Defendant NCAA shall produce in person the authors of all such communications or documents referenced above, if those persons are employees thereof. In any case where undocumented communications occurred, the De- fendant NCAA shall produce in person those persons as well, if they are likewise em- ployees. Finally, the Defendant NCAA shall produce in person an officer thereof, who is authorized to speak on its behalf (this person shall produced the official minutes or other such document specifically making this appointment, unless the person appearing is the president ofthe association), Attached to the show cause response, the Defendant NCAA shall list each of the aforesaid persons by name and position or title, and where any communication was un- Glivar v NCAA, + Case No 2008-CV-O762 Inidge Tygh M, Tone » Service» 3/10/09 > Page i hi 31646 ge ISB rieMay 12 US Us:s6a RG 440-247-0710 p-10 In THE Coury OF COMMON PLEAS, ERIE COUNTY, OHIO documented in any manner, it shall fairly describe the substance of the communication, with whom it was had, and when, all in chronological order. Should this Court find the Defendant NCAA in contempt, the penalty phase will be continued until the Jury Trial on October 19, 209. Thaw Cow t's ovelee oF May IT IS SO ORDERED. —Tar &, 200d is herby vaca! ERIE County Coyrtjor. LEAS. Tygh M. Tal) ie c: Richard G. Johnson, Esquire (FAX 216/696-0020) Linda J. Salfrank, Esquire (FAX 814/4743216) & Jonathan F. Duncan, Esquire & William C. Odle, Esquire James A. Wilson, Esquire (FAX 614/464.6350) & Kimberly Weber Herlihy, Esquire & Kristi Kress Wilhelmy, Esquire Ms. Barbara J. Johnson, Clerk of Courts dated: 51/2/09] Oliver v NCAA. + Case No. 2008-CV-O7G2 « Judge Tygh M. Tous» Service = S205 Page d