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102996846

IN THE COURT OF COMMON PLEAS

CUYAHOGA COUNTY,OHIO
DANIELLE R. CROSS - ET AL. Case No: CV-1 8-894335
Plaintiff
Judge: DICK AMBROSE

UNIVERSITY HOSPITALS OF CLEVELAND - ET AL.

Defendant

JOURNAL ENTRY

AGREED ORDER IS SIGNED AND ORDERED RECORDED. ORDER ATTACHED. OSJ.

0SS
Judge Signature Date

03/19/2018
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 IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY,OHIO

DANIELLE and KEVIN CROSS,et al., ) CASE NO. CV 18 894335

)
Plaintiffs, ) JUDGE DICK AMBROSE
)
vs. )
)
UNIVERSITY HOSPITALS OF ) AGREED ORDER
CLEVELAND,et al., )
)
Defendants. )

The parties in this action have agreed, and it is therefore ORDERED,as follows:

1. Plaintiffs having agreed to withdraw their Motion for Temporary Restraining

Order filed March 14, 2018, the Clerk of Courts shall remove it from the Court's docket, and the

Temporary Restraining Order entered March 14, 2018 is hereby vacated.

2. During the pendency of this litigation but subject to the provisions of Paragraph 6

below, Defendants shall not engage in settlement discussions with Plaintiffs herein or any

putative Class member seeking to compromise or attempting to compromise their claims, rights

or interests in this litigation or to obtain a release or waiver of claims relating to the subject

matter of this lawsuit, except that nothing herein shall prohibit Defendants from having

settlement discussions with (i) Plaintiffs' counsel of record in this case, (ii) other attorneys who

represent any such putative Class member or members, or (iii) any putative Class member or

members directly who are unrepresented by any counsel and who contact Defendants' Law

Department, either directly or on referral from the call center upon the patients' request, for the

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purpose of initiating or requesting settlement discussions and who are first informed by

Defendants' Law Department of their right to be represented by counsel.

3. Nothing herein shall prohibit Defendants and their employees and agents from

contacting patients, whether or not those patients are Plaintiffs in this case or in other current and

future cases, and from responding to contact from such patients, for the purpose of medical

consultation, care, treatment and/or diagnosis, and in offering certain IVF-related medical care at

no cost to the patient, reimbursement of certain IVF-related storage expenses and other

potentially related expenses, and waiver of certain future IVF-related storage expenses. Subject

to Paragraph 2 above, Defendants and their representatives have not sought or requested, and

shall not in the future seek or request, to have such patients sign any form of release, waiver or

compromise of claims, rights or interests in return, other than standard forms relating to consent

for IVF-related treatment and storage that do not release, waive or compromise any claims, rights

or interests pertaining to the subject matter ofthis lawsuit.

4. Upon presentation of a signed authorization, Defendants shall promptly provide

Plaintiffs herein, patients, or other putative Class members with a copy of their medical records

relating to their own fertility procedures or in vitro fertilization processes at no cost to them.

Defendants shall not condition the release of such records upon any other action or prerequisite,

including without limitation speaking with a physician, employee or representative of

Defendants.

5. Defendants shall cease efforts to contact or communicate with Plaintiffs or any

putative class member about the subject matter of this lawsuit upon the request of any such

person that he or she not be contacted, except for the purpose of medical consultation, care,

treatment and/or diagnosis.

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 6. This Agreed Order shall be in effect only so long as this case is not consolidated

with Brickel v. University Hospitals Ahuja Medical Center, Case No. CV 18 894332. Upon such

consolidation, this Agreed Order shall be null and void. However, nothing in this Order shall

prevent or prohibit counsel for Plaintiffs or a putative Class in any such consolidated case to seek

the entry of a similar Order, or to move for a restraining order or injunctive relief, and nothing in

this Order shall prevent or prohibit counsel for Defendants in any such consolidated case from

agreeing to or from opposing any such request or motion.

IT IS SO ORDERED.

Dated: March 19, 2018 41,

JUDGE DICK AMBROSE

Eric H. Zagran
ZAGRANS L
Attorneyfor Pain

v ntavi,
Rita A. Maimbourg (0013161),
TUCKER ELLIS LLP
Attorneyfor Defendants

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