Doe v. Ohio State Univ.

[Cite as Doe v. Ohio State Univ., 2024-Ohio-565.]

IN THE COURT OF CLAIMS OF OHIO

JOHN DOE Case No. 2023-00498PQ

Requester Judge David E. Cain

v. DECISION AND ENTRY

OHIO STATE UNIVERSITY

Respondent

{¶1} In this public-records case, both Requester and Respondent filed objections
to a Special Master’s Report and Recommendation. Requester filed a response in
opposition to Respondent’s objections. The Court overrules all the objections and adopts
the Special Master’s Report and Recommendation for the reasons that follow.

I. Background
{¶2} Although Requester proceeds as John Doe, it is openly acknowledged that
Requester is a ticket reseller. Between March 24, 2023 and July 3, 2023, Requester
made several public records requests to Respondent Ohio State University (OSU) that—
when combined—would provide Requester with a list of OSU’s employees and donors to
whom OSU sells season tickets for its football and basketball games, their physical and
email addresses, phone numbers, and season ticket specifics: section, row, and seat
identification. After OSU only provided partial, redacted records, Requester filed a public
records complaint on July 25, 2023.
{¶3} The Court, through a Special Master, referred the matter to mediation.
Mediation failed to resolve all the disputed issues between the parties. Pursuant to Civ.R.
12(B), OSU moved to dismiss Requester’s Complaint on the grounds that the records in
question were trade secrets, that portions of the records were protected by the Family
Educational Rights and Privacy Act (FERPA), and that portions of the records were not
Case No. 2023-00498PQ -2- DECISION AND ENTRY

public records pursuant to State ex re. Dispatch Printing Co. v. Johnson, 106 Ohio St.3d
160, 2005-Ohio-4384, 883 N.E.2d 274. After Requester filed a Reply to OSU’s Motion to
Dismiss, OSU filed a Reply in support of its Motion to Dismiss. Requester then filed a
Motion to Strike OSU’s Reply, which included a request for sanctions and attorneys’ fees.
Both parties submitted evidence in support of their arguments, and the Special Master
conducted an in camera review of unredacted copies of the records in contention.
{¶4} On December 21, 2023, the Special Master issued a Report and
Recommendation finding that the majority of the documents sought were public records.
The Special Master also concluded that the records were not protected from disclosure
as trade secrets, but some information regarding students was protected from disclosure
by FERPA. Additionally, he concluded that the OSU identification number and the
physical address for each ticketholder were not public records, but rather they were
information that was kept merely for administrative convenience. The Special Master
recommended that OSU be ordered to produce unredacted copies of all records
responsive to the public records requests except for certain pages and rows that contain
student information. The Special Master further recommended that OSU be permitted to
redact information about ticketholders’ OSU identification numbers and physical
addresses. The Special Master recommended that Requester’s Motion to Strike OSU’s
Reply and the requests therein for sanctions and attorneys’ fees be denied. Lastly, the
Special Master recommended that Requester recover his filing fee and costs in this case
and that OSU bear the balance of the costs.
{¶5} Both Requester and OSU filed written objections to the Report and
Recommendation. Requester served its objections on OSU via certified mail, return
receipt requested, as required by R.C. 2743.75(F)(2), but OSU only served its objections
on Requester via email and the Court’s e-filing system. Requester filed a timely response
to OSU’s objections. Additionally, on January 5, 2024, OSU filed a Motion for Leave to
Amend its original Motion to Dismiss. In response, Requester filed a Memorandum
Contra OSU’s Motion for Leave to Amend Motion to Dismiss, Motion to Strike said Motion
for Leave, and Motion for Sanctions, to which OSU replied.
Case No. 2023-00498PQ -3- DECISION AND ENTRY

II. Law and Analysis
{¶6} The General Assembly has created an alternative means to resolve public-
records disputes through the enactment of R.C. 2743.75. Welsh-Huggins v. Jefferson
Cty. Prosecutor’s Office, 163 Ohio St.3d 337, 2020-Ohio-5371, 170 N.E.3d 768, ¶ 11.
“[T]he General Assembly enacted R.C. 2743.75(A) ‘to provide for an expeditious and
economical procedure that attempts to resolve disputes alleging a denial of access to
public records’ in violation of R.C. 149.43(B).” Id. at ¶ 12, quoting R.C. 2743.75(A).

A. Extraneous Filings
{¶7} As a preliminary matter, the Court must first discuss extraneous filings that
exceeded the intended bounds of this expeditious and economical procedure. In a
proceeding before the Special Master pursuant to R.C. 2743.75, there is no discovery
and filings are limited to those provided for in the statute or as otherwise ordered by the
Special Master. R.C. 2743.75(E). After mediation failed to resolve all disputed issues,
the Special Master ordered the parties to file all evidence in support of their arguments
and ordered OSU to file unredacted copies of all responsive records by November 20,
2023. (Nov. 3, 2023 Order Terminating Mediation.) For briefing, the Special Master
ordered OSU to file either or both a response and a motion to dismiss by December 1,
2023, and ordered Requester to file a reply by December 12, 2023. (Id.) Those were the
only filings ordered by the Special Master and thus permitted by R.C. 2743.75(E). As to
objections, R.C. 2743.75(F)(2) permits each party to file objections to the Special Master’s
Report and Recommendation and, if the other party filed objections, a response thereto.
{¶8} In addition to these permitted filings, OSU filed a Reply in support of its Motion
to Dismiss on December 12, 2023. On the same day, Requester filed a Motion to Strike
OSU’s Reply and requested sanctions and attorneys’ fees. Proceedings under R.C.
2743.75 are special statutory proceedings, the procedure for which is established by the
statute. Andes v. Ohio AG’s Office, Ct. of Cl. No. 2017-00144-PQ, 2017-Ohio-4251,
adopted, May 31, 2017 (McGrath, J.). Therefore, the civil rules do not apply “to the extent
that they would by their nature be clearly inapplicable[.]” Civ.R. 1(C); see also R.C.
2743.03(D). When the Special Master issued a briefing schedule that did not provide for
Case No. 2023-00498PQ -4- DECISION AND ENTRY

a reply brief, that order superseded any other provision allowing for a reply brief. OSU’s
December 12, 2023 Reply was, therefore, a legal nullity. See PNC Bank, N.A. v. J & J
Slyman, 8th Dist. Cuyahoga No. 101777, 2015-Ohio-2951, ¶ 20 (“Generally, where leave
is required to file a pleading, and a party files its pleading without the requisite leave, a
trial court may treat it as a legal nullity.”). Accordingly, OSU’s December 12, 2023 Reply
will not be considered.
{¶9} Nevertheless, the Reply is not redundant, immaterial, impertinent, or
scandalous. See Civ.R. 12(F). Nor does it obviously serve merely to harass, cause
unnecessary delay, or needlessly increase the cost of litigation so as to be frivolous. See
R.C. 2323.51(A)(2)(a)(i). Therefore, Requester’s December 12, 2023 Motion to Strike,
including the requests for sanctions and attorneys’ fees, is DENIED.
{¶10} After the Special Master issued his Report and Recommendation, in addition
to its objections, OSU filed a Motion for Leave to Amend its Motion to Dismiss that the
Special Master had already considered in his Report and Recommendation. On January
17, 2023, Requester filed a combined Response to OSU’s Motion for Leave and Motion
to Strike it, again requesting sanctions and attorneys’ fees. Although OSU asserts in its
Motion for Leave that “[n]ew information has been uncovered” that makes it “necessary
for Brett Scarbrough to clarify his prior affidavit[,]” OSU does not explain why it could not
have uncovered the new information in time to submit with its original Motion to Dismiss.
Furthermore, that does not justify why OSU seeks to submit the additional evidence with
Scott Hainer’s affidavit.
{¶11} Instead, it appears that OSU wants to retroactively re-tailor its arguments
and the evidence submitted with its Motion to Dismiss in order to bolster its trade secrets
argument and the evidence in support thereof, which the Special Master found to be
insufficient in his Report and Recommendation. Such an amendment is contrary to the
“expeditious and economical procedure” established in R.C. 2743.75. Moreover, when
the Court is reviewing objections to a special master’s report and recommendation, “R.C.
2743.75(F)(2) requires this court to function as a reviewing court for the purposes of
determining the objections before it.” Gannett GP Media, Inc. v. Ohio Dept. of Pub.
Safety, Ct. of Cl. No. 2017-00051-PQ, 2017-Ohio-4248, ¶ 8. “ ‘[A] reviewing court cannot
Case No. 2023-00498PQ -5- DECISION AND ENTRY

add matter to the record before it that was not a part of the trial court’s proceedings, and
then decide the appeal on the basis of the new matter.’ ” Id., quoting State v. Ishmail, 54
Ohio St.3d 402, 377 N.E.2d 500 (1978). Therefore, OSU’s Motion for Leave to Amend
its Motion to Dismiss is DENIED. However, seeking leave of Court does not amount to
the conduct proscribed by Civ.R. 12(F) or R.C. 2323.51(A)(2)(a), as described above.
Therefore, Requester’s January 17, 2023 Motion to Strike OSU’s Motion for Leave is also
DENIED.
{¶12} On January 17, 2023, in addition to filing a Response to OSU’s objections,
Requester moved to strike the objections because OSU failed to comply with R.C.
2743.75(F), which required OSU to serve its objections upon Requester by certified mail,
return receipt requested. Requester’s Motion to Strike the objections is unpersuasive for
two reasons. First, as discussed above, R.C. 2743.75 is intended to provide an
expeditious and economical procedure, and there is no provision in R.C. 2743.75 that
allows a party to move to strike another party’s objections to a report and
recommendation. Second, it “is a fundamental tenet of judicial review in Ohio that courts
should decide cases on the merits.” De Hart v. Aetna Life Ins. Co., 69 Ohio St.2d 189,
192, 431 N.E.2d 644 (1982). Notwithstanding that R.C. 2743.75(F)(2) requires service of
an objection by certified mail, return receipt requested, it appears that Requester received
OSU’s objections, as evidenced by Requester filing a Response thereto. Therefore,
Requester was not prejudiced by OSU’s failure to serve its objections via certified mail,
return receipt requested. Accordingly, Requester’s Motion to Strike OSU’s Objections is
DENIED. The Court will now consider the parties’ objections.

B. Standard
{¶13} Under Ohio law, a requester “must establish entitlement to relief in an action
filed in the Court of Claims under R.C. 2743.75 by clear and convincing evidence.” Viola
v. Cuyahoga Cty. Prosecutor’s Office, 8th Dist. Cuyahoga No. 110315, 2021-Ohio-4210,
¶ 16, citing Hurt v. Liberty Twp., 2017-Ohio-7820, 97 N.E.3d 1153, ¶ 27-30 (5th Dist.).
See Welsh-Huggins v. Jefferson Cty. Prosecutor’s Office, 163 Ohio St.3d 337, 2020-Ohio-
5371, 170 N.E.3d 768, ¶ 32. It is the requester’s burden to prove, by clear and convincing
Case No. 2023-00498PQ -6- DECISION AND ENTRY

evidence, that the requested records exist and are public records maintained by the
respondent. See State ex rel. Cordell v. Paden, 156 Ohio St.3d 394, 2019-Ohio-1216,
128 N.E.3d 179, ¶ 8.
{¶14} A public-records custodian has the burden to establish the applicability of an
exception to disclosure of a public record. State ex rel. Cincinnati Enquirer v. Jones-
Kelley, 118 Ohio St.3d 81, 2008-Ohio-1770, 886 N.E.2d 206, paragraph two of the
syllabus. In Jones-Kelley, the Ohio Supreme Court held:
Exceptions to disclosure under the Public Records Act, R.C.
149.43, are strictly construed against the public-records
custodian, and the custodian has the burden to establish the
applicability of an exception. A custodian does not meet this
burden if it has not proven that the requested records fall
squarely within the exception. (State ex rel. Carr v. Akron, 112
Ohio St.3d 351, 2006 Ohio 6714, 859 N.E.2d 948, P 30,
followed.)
Id.

C. OSU’s First Objection
{¶15} For its first objection, OSU states: “The Requester did not meet its ‘clear and
convincing’ burden of proof to demonstrate that the requested Faculty and Staff cell
phone numbers and email addresses are ‘public’ records, so the Special Master’s Report
and Recommendation should be overruled on this ground.”
{¶16} OSU argues that the faculty and staff cell phone numbers and email
addresses are not public records because that information was being maintained by OSU
merely for administrative convenience. OSU cites State ex rel. Dispatch Printing Co. v.
Johnson, 106 Ohio St.3d 160, 2005-Ohio-4384, 833 N.E.2d 274. In Dispatch Printing,
the Ohio Supreme Court decided that the home addresses of state employees were not
public records—despite being contained in many public records—because the evidence
submitted did not establish that the addresses “ ‘document the organization, functions,
policies, decisions, procedures, operations, or other activities’ of the state agencies within
Case No. 2023-00498PQ -7- DECISION AND ENTRY

the meaning of R.C. 149.011(G).” Dispatch Printing at ¶ 25, quoting R.C. 149.011(G).
Instead, the “home addresses represent contact information used as a matter of
administrative convenience.” Dispatch Printing at ¶ 25.
{¶17} However, in this case, OSU does not maintain the faculty and staff’s
information because they are its employees, but rather because OSU has entered into a
financial transaction with them. These financial transactions, combined with the other
tickets OSU sells, contribute to “substantial revenues, which are in turn used to provide
athletic scholarships for its student-athletes.” (Scarbrough Aff., ¶ 16.)1 “This ticket
revenue supports one of the core missions of the University, providing a first-class
education and financial assistance to students when possible.” (Id.) Therefore, the
faculty and staff cell phone numbers and email addresses are not merely kept for
administrative convenience.
{¶18} OSU also argues that the tickets are licenses to use the seats, not contracts.
In Education Association, a common pleas court concluded, based on Dispatch Printing,
that the personal contact information of licensees was not a record for public record
purposes. Ohio Edn. Assn. v. Ohio State Dept. of Edn., Franklin C.P. No. 09CVH-17023,
2010 Ohio Misc. LEXIS 22538, 6-7. However, the Court finds that the financial transaction
of buying a ticket is more similar to a contract than it is to the administrative licensing
scheme in Education Association. A one-time license to use a seat is closer to a financial
transaction than a license permitting a teacher to teach children in the state. Therefore,
the Court is not persuaded by OSU’s argument.
{¶19} This case is more similar to State ex rel. Harper v. Muskingum Watershed
Conservancy District, 5th Dist. Tuscarawas No. 2013 AP 06 0024, 2014-Ohio-1122. In
Harper, the Fifth District Court of Appeals declined to expand Dispatch Printing to shield
the addresses of people leasing property from the respondent conservancy district. The
Fifth District specifically noted that the Ohio Supreme Court stated in Dispatch Printing
that it “ ‘will reject as unpersuasive the arguments of governmental bodies in future cases
attempting to place great weight on this case as precedent in unrelated contexts.’ ” Harper

1 Scarbrough’s original affidavit, filed November 16, 2023.
Case No. 2023-00498PQ -8- DECISION AND ENTRY

at ¶ 7, quoting Dispatch Printing, 106 Ohio St.3d 160, 2005-Ohio-4384, 833 N.E.2d 274,
at ¶ 41. The Fifth District further reasoned that (1) a “lessee would not have the same
expectation of privacy as an employee because a lessee is conducting business with the
District” and (2) “the addresses being sought do document at least one of the functions
of the District which is to enter into rental contracts and collect rents from the lessees.”
Harper at ¶ 9. The same reasoning applies here. The ticket buyer is engaged in a
financial transaction with OSU, and selling tickets is a function of OSU’s athletic
department. Therefore, the Court concludes that the faculty and staff cell phone numbers
and email addresses are public records. Accordingly, OSU’s first objection is
OVERRULED.

D. Requester’s First Objection
{¶20} For his first objection, Requester states that he objects to “[t]he Special
Master’s finding that physical addresses need not be turned over because they are not
‘records’ under R.C. 149.011(G).” Requester argues that the physical addresses are
integrated into the contract, document OSU’s billing practices, documents how OSU
communicates with ticketholders, and are donor records that are otherwise subject to
disclosure. However, Requester did not submit a fully integrated contract between OSU
and a ticketholder in support of his arguments that the ticketholders’ physical addresses
are part of the contract or document OSU’s billing practices and communications.
{¶21} Instead, he cites three exhibits that he submitted to the Special Master.
Requester’s Exh. 8 is an OSU policy titled Ohio State Football 2023 Faculty and Staff
Ticket Information. Requester points to a section of the exhibit titled Eligibility, in which
former faculty and staff who have 25 or more years of service with the university and who
did not purchase tickets for the 2022 football season are instructed to provide their full
name, OSU employee ID number, home address, mobile phone, email address, and
department. In context, it seems that this information is being requested so that the
university can determine if the ticket buyer is eligible to purchase tickets. The policy does
not request that the other groups of eligible ticket buyers provide their physical addresses
Case No. 2023-00498PQ -9- DECISION AND ENTRY

or other information to determine eligibility. Requester’s Exhs. 9 and 10 are
Ticketmaster’s Privacy Policy and Terms of Use.
{¶22} Upon review of the evidence and Requester’s arguments, Requester has not
proven by clear and convincing evidence that the ticketholders physical addresses serve
“to document the organization, functions, policies, decisions, procedures, operations, or
other activities of the office.” R.C. 149.011(G). Requester’s evidence indicates that OSU
has switched to electronic ticketing and no longer mails tickets to ticketholders’ physical
addresses:2 “All tickets for the 2023 Ohio State Football season tickets will be mobile.”
(Emphasis deleted.) (Requester’s Exh. 8.) The evidence further indicates that
communications between OSU and its ticketholders are via email: “Please keep the email
address on your account profile current to ensure that you receive season renewal notices
and other ticket information.” (Emphasis deleted.) (Requester’s Exh. 8.)
{¶23} Requester has shown that OSU requests the physical addresses for a subset
of ticketholders—former faculty or staff who have at least 25 years of service and did not
purchase 2022 season tickets—but that is likely a small fraction of the total number of
ticketholders. Furthermore, Requester has not shown that OSU uses the physical
addresses of this subset of ticketholders as part of its functions, operations, or other
activities.3 See State ex rel. Cincinnati Enquirer v. Ronan, 127 Ohio St.3d 236, 2010-
Ohio-5680, 938 N.E.2d 347 (a document does not become a public record when a public
office merely receives it but does not use or rely on it to perform a public function). But
even if Requester had shown that OSU uses the physical addresses of this subset of
ticketholders, that would not prove how the addresses of all ticketholders document the
functions, operations, or other activities of OSU. Therefore, Requester’s first objection is
OVERRULED.

2 Requester speculates that some tickets may still be mailed to physical addresses, but he has not

submitted evidence in support of his speculation. The evidence submitted shows that Requester asked for
the mailing addresses of all faculty and staff ticket holders who receive tickets via USPS first class mail, but
the evidence does not show that any tickets were mailed via USPS.
3 Requester’s Exhs. 9 and 10 indicate that Ticketmaster may use physical addresses for billing

purposes, but that does not show how OSU uses the ticketholders’ physical addresses. If anything, these
exhibits suggest that OSU does not handle the billing process, so OSU would not need the physical
addresses for billing purposes.
Case No. 2023-00498PQ -10- DECISION AND ENTRY

E. OSU’s Second Objection
{¶24} For its second objection, OSU states: “Requester has not met its burden to
demonstrate it is entitled to Trade Secret information because the University’s evidence
satisfies all five Besser factors.” As a preliminary matter, OSU is incorrect to frame this
as a matter in which Respondent has the burden of proof. “Exceptions to disclosure under
the Public Records Act, R.C. 149.43, are strictly construed against the public-records
custodian, and the custodian has the burden to establish the applicability of an exception.
A custodian does not meet this burden if it has not proven that the requested records fall
squarely within the exception.” Jones-Kelly, 118 Ohio St.3d 81, 2008-Ohio-1770, 886
N.E.2d 206, at paragraph two of the syllabus. Therefore, OSU has the burden of showing
that the requested records fall squarely within the trade secret exception.
{¶25} When analyzing a trade secret claim, courts consider the following Besser
factors:
“ ‘(1) The extent to which the information is known outside the business; (2)
the extent to which it is known to those inside the business, i.e., by the
employees; (3) the precautions taken by the holder of the trade secret to
guard the secrecy of the information; (4) the savings effected and the value
to the holder in having the information as against competitors; (5) the
amount of effort or money expended in obtaining and developing the
information; and (6) the amount of time and expense it would take for others
to acquire and duplicate the information.’ ”
Salemi v. Cleveland Metroparks, 145 Ohio St.3d 408, 2016-Ohio-1192, 49 N.E.3d 1296,
¶ 25, quoting State ex rel. Luken v. Corp. for Findlay Mkt. of Cincinnati, 135 Ohio St.3d
416, 2013-Ohio-1532, 988 N.E.2d 546, ¶ 17, quoting State ex rel. Besser v. Ohio State
Univ., 89 Ohio St.3d 396, 399-400, 2000-Ohio-207, 732 N.E.2d 373 (further citations
omitted).
{¶26} One of the reasons why the Special Master concluded that OSU failed to
establish that the list of season ticket holders was entitled to trade secret protection was
because “OSU’s submissions acknowledge that it disclosed the information at issue to
Case No. 2023-00498PQ -11- DECISION AND ENTRY

Ticketmaster, but OSU has provided no evidence that it did so under conditions restricting
Ticketmaster’s use of the information.” (Report and Recommendation, p. 10.) In an
attempt to provide evidence that it restricted Ticketmaster’s use of the information, OSU
moved for leave to amend its Motion to Dismiss to include new information, including new
affidavits and exhibits. The Court denied the motion to amend above.
{¶27} Examining only the evidence that was before the Special Master, the Court
comes to the same conclusion that OSU did not show that it imposed any restrictions
upon Ticketmaster when it disclosed the list to Ticketmaster.4 This failure to demonstrate
restrictions on the sharing of the information is sufficient to deprive OSU of trade secret
protection. See Budson v. City of Cleveland, Ct. of Cl. No. 2018-00300PQ, 2019-Ohio-
963 (trade secret protection denied because city did not demonstrate that it restricted
Amazon or city’s partner entities from disclosing any or all of the bid document).
Moreover, as noted by the Special Master, the statements in the Scarbrough affidavit that
was before the Special Master were largely conclusory and did not provide sufficient detail
as to the amount of effort or money expended in developing the list of season ticket
holders. For these reasons, OSU’s second objection is OVERRULED.

F. Requester’s Second Objection
{¶28} For his second objection, Requester states that he objects to “[t]he Special
Master’s finding that Requester may not cover statutory damages and attorneys’ fees.”
Requester specifies that he objects that the Special Master did not award attorneys’ fees
pursuant to R.C. 2323.51 for preparation of the Motion to Strike OSU’s Reply brief. As
analyzed above, the Court agrees that sanctions and attorneys’ fees are not warranted.
{¶29} Regarding Requester’s request for statutory damages, this Court has
consistently interpreted R.C. 2743.75 to not include statutory damages. See, e.g., Ass.
Of Cleveland Fire Fighters IAFF Local 93 v. City of Cleveland, Ct. of Cl. No. 2020-
00103PQ, 2020-Ohio-4500, ¶ 10, adopted 2020-Ohio-4902; Ryan v. City of Ashtabula,
Ct. of Cl. Nos. 2022-00660PQ, 2022-00665PQ, and 2022-00680PQ, 2023-Ohio-621, ¶

4 The Court reaches this conclusion without reliance on the Ticketmaster policies provided by

Requester.
Case No. 2023-00498PQ -12- DECISION AND ENTRY

23, adopted 2023-Ohio-1487. The Court declines to deviate from this well-established
precedent. Therefore, Requester’s second objection is OVERRULED.

III. Conclusion
{¶30} For the reasons set forth above, the Court OVERRULES Requester’s
objections, OVERRULES Respondent’s objections, and ADOPTS the Special Master’s
Report and Recommendation. Respondent’s Motion to Dismiss is DENIED.
Respondent’s Motion for Leave to Amend its Motion to Dismiss is DENIED. All motions
to strike are DENIED. Any other pending miscellaneous motions not explicitly granted
elsewhere by the Court or Special Master are DENIED.
{¶31} The Court ORDERS Respondent to produce unredacted copies of all
records responsive to the public records requests Respondent denominated as 23-721,
23-385, 23-959, 23-961, and 24-004, except for pp. 82-87, rows 5222-5581, and pp. 232-
233, rows 4907-4956 of the In Camera Records. and all other portions of other records
that have those characteristics that are responsive to Requester’s requests. Respondent
is permitted to redact information about ticketholders’ OSU identification numbers and
physical addresses. The Court DENIES other relief sought by Requester.
{¶32} Requester is entitled to recover from Respondent the amount of the filing fee
of twenty-five dollars and any other costs associated with the action that are incurred by
the Requester, excepting attorney fees. Court costs are assessed against Respondent.
The Clerk shall serve upon all parties notice of this judgment and its date of entry upon
the journal.

DAVID E. CAIN
Judge

Filed January 30, 2024
Sent to S.C. Reporter 2/15/24