State ex rel. Plain Dealer v. Ohio Department of Insurance
State ex rel. Plain Dealer v. Ohio Department of Insurance
Opinion of the Court
1. Unredacted attachments to the July 30, 1996 letter from Climaco, Climaco, Seminatore, Lefkowitz & Garofoli Co., L.P.A., to Robert H. Katz, Ohio Department of Insurance, in response to the June 27, 1996 letter from David S. Meyer, Ohio Department of Insurance, including the following:
a. December 12, 1995 letter from Climaco, Climaco, Seminatore, Lefkowitz & Garofoli Co., L.P.A., to David Colby of Columbia/HCA Health Care Corporation, in unredacted form;
b. January 22, 1996 letter to Fried, Frank, Harris, Shriver & Jacobson to Climaco, Climaco, Seminatore, Lefkowitz & Garofoli Co., L.P.A., in unredacted form;
c. March 7, 1996 memo attached to July 30, 1996 letter, in unredacted form;
d. March 19, 1996 memo from Fried, Frank, Harris, Shriver & Jacobson to Climaco, Climaco, Seminatore, Lefkowitz & Garofoli Co., L.P.A., including any attachments or enclosures, in unredacted form.
2. July 31, 1996 letter from Douglas A. Andrews to Robert H. Katz, in original or unredacted form.
3. All attachments or enclosures, in original or unredacted form, to the July 31,1996 letter from Douglas A. Andrews to Robert H. Katz.
IT IS FURTHER ORDERED by the court, sua sponte, that no further extensions of time to submit the aforementioned documents shall be permitted.
Dissenting Opinion
dissenting. I respectfully dissent. The within order (entry re trade secrets) of the majority assumes the answer to the ultimate question before the court. That question is whether documents required by the Ohio Department of Insurance to be submitted to the department for its use in connection with an examination conducted pursuant to R.C. 3901.07 are public records notwithstanding the confidential-work-papers provision of R.C. 3901.48(B). This threshold question must and should be answered before the trade-secret-protection matter (R.C. 1333.61) even becomes an issue.
By issuing today’s order, the majority has, in effect, answered the ultimate question without explanation. Given the importance of the confidentiality issue, as evidenced by the briefs of the amici Ohio Manufacturers’ Association, the Ohio
Given the content, scope, and effect of the within order, I am left to wonder: Where are those voices which were so loudly heard on alleged liberal judicial activism regarding the school-funding case? They seem to be strangely quiet.
I respectfully dissent.
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