Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 Jul 10 9:44 AM-19CV005550 0E744 - P83 IN THE COMMON PLEAS COURT OF FRANKLIN COUNTY OHIO GENERAL CIVIL DIVISION HARVEST OF OHIO, LLC, ) ) ) Plaintiff, ) ) vs. ) ) Case No. STATE OF OHIO ) BOARD OF PHARMACY, ) In care of Steven Schierholt, ) Judge Executive Director ) 77 South High Street ) 17" Floor ) Civil Case Category: H Columbus, Ohio 43215 ) d Defendant. ) J PLAINTIFF HARVEST OF OHIO, LLC’S VERIFIED COMPLAINT FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF Now comes Plaintiff Harvest of Ohio, LLC (Harvest) by and through its undersigned counsel, and for its Verified Complaint for Temporary Restraining Order and for Preliminary and Permanent Injunctive Relief against Defendant the State of Ohio Board of Pharmacy (the Board) states as follows: THE PARTIES AND VENUE 1. Plaintiff is an Ohio limited liability company licensed to do business in the State of Ohio. 2. Plaintiff is the recipient of three medical marijuana provisional dispensary licenses in Ohio located 11 West Union Street, Athens, Ohio 45701; 2950 North High Street, Columbus, Ohio 43202; and 4370 Tonawanda Trail, Beavercreek, Ohio 45430,OE744 - PB. Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 Jul 10 9:44 AM-19CV005550 3. Defendant is an Ohio admi rative agency headquartered at 77 South High Street, 17" Floor, Columbus, Ohio 43215 and is responsible, in part, to oversee the licensing of medical marijuana dispensaries in Ohio. 4, Jurisdiction and venue are proper in this Court because both Plaintiff and Defendant maintain places of business within Franklin County, Ohio and part of the acts and omissions giving rise to this claim for relief occurred within Franklin County, Ohio. 5. This Court also possesses jurisdiction to grant injunetive relief requested herein pursuant to Rule 65 of the Ohio Rules of Civil Procedure and O.R.C. §2727.02. FACTS GIVING RISE TO CLAIMS FOR RELIEF 6. On November 11, 2017 and November 16, 2017 Defendant submitted three applications (collectively “the Applications”) to the State Board of Pharmacy to operate three separate medical marijuana dispensaries, pursuant to Ohio’s Medical Marijuana Control Program, ORC. § 3796.01 et seq. 7. In the Applications Plaintiff averred that it was majority owned by an Economically Disadvantaged group. 8. The First Application, Application No.: 350-890, was an application to operate a dispensary in Athens, Ohio, 9. ‘The Second Application, No.: 350-923, was an application to operate a dispensary in Columbus, Ohio. 10. The Third Application, Application No.: 350-934, was an application to operate a dispensary in Beavercreek, Ohio. 11, The First Application was approved by Defendant, and Plaintiff received a provisional license to operate a dispensary in Athens, Ohio.0E744 - PB Eranklin County Ohio Clerk of Courts of the Common Pleas- 2019 Jul 10 9:44 AM-19CV005550 12, The Second Application was approved by Defendant, and Plaintiff received a provisional license to operate a dispensary in Columbus, Ohio. 13, The Third Application was approved by Defendant, and Plaintiff received a provisional license to operate a dispensary in Beavercreek, Ohio. 14, In its communications with Defendant, Plaintiff requested that “[nJotices and all documents produced by Harvest be treated as confidential trade secret information and not produced or distributed to any other persons/entities” (See Email Communications, Exhibit A). 15. On June 7, 2019, Defendant issued Plaintiff three notices (the “Notices”). The Notices will be made available to the Court for in camera inspection. 16. A separate Notice was issued to each of Petitioner's three dispensaries, but the allegations amongst the three Notices were substantively similar. All three Notices referenced documents and information produced by Petitioner. 17, In particular, the Notices cite extensively from Petitioner’s Operating Agreements and include information such as the organization of Petitioner's LLCs and the structure of Petitioner's ownership interests. 18. On July 1, 2019, the Defendant alerted Plaintiff that it received one or more public records requests pursuant to Ohio’s Public Records Act, RC §149.43, for the Notices issued to Petitioner. 19. Defendant advised Plaintiff that it would release the requested documentation on July 11, 2019, unless prohibited by a court of competent jurisdiction. NEED FOR INJUNCTION 20. Plaintiff will suffer irreparable harm if the injunction is not granted because it is confidential, proprietary and trade secrets will be publicly released,