Attorneys for Plaintiffs (Additional attorneys...production or inspection unless also commanded to appear for a deposition, hearing, or trial. (B) Objections. A person commanded to

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Cecillia D. Wang (Pro Hac Vice) [email protected] ACLU Foundation Immigrants’ Rights Project 39 Drumm Street San Francisco, California 94111 Telephone: (415) 343-0775 Facsimile: (415) 395-0950 Daniel J. Pochoda [email protected] ACLU Foundation of Arizona 3707 N. 7th St., Ste. 235 Phoenix, AZ 85014 Telephone: (602) 650-1854 Facsimile: (602) 650-1376 Attorneys for Plaintiffs (Additional attorneys for Plaintiffs listed on next page)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Manuel de Jesus Ortega Melendres, et al.,

) )

CV-07-2513-PHX-GMS

) Plaintiff(s), ) NOTICE OF SERVICE OF ) SUBPOENA COMMANDING v. ) DEPOSITION TESTIMONY AND ) THE PRODUCTION OF Joseph M. Arpaio, et al., ) DOCUMENTS ) Defendants(s). ) ) )

Case 2:07-cv-02513-GMS Document 1396 Filed 09/25/15 Page 1 of 37

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Additional Attorneys for Plaintiffs:

Andre I. Segura (Pro Hac Vice) [email protected] ACLU Foundation Immigrants’ Rights Project 125 Broad Street, 17th Floor New York, NY 10004 Telephone: (212) 549-2676 Facsimile: (212) 549-2654

Priscilla G. Dodson (Pro Hac Vice) [email protected] Covington & Burling LLP One CityCenter 850 Tenth Street, NW Washington, DC 20001-4956 Telephone: (202) 662-5996 Facsimile: (202) 778-5996

Anne Lai (Pro Hac Vice) [email protected] 401 E. Peltason, Suite 3500 Irvine, CA 92697-8000 Telephone: (949) 824-9894 Facsimile: (949) 824-0066

Jorge M. Castillo (Pro Hac Vice) [email protected] Mexican American Legal Defense and Educational Fund 634 South Spring Street, 11th Floor Los Angeles, California 90014 Telephone: (213) 629-2512 Facsimile: (213) 629-0266

Stanley Young (Pro Hac Vice) [email protected] Michelle L. Morin (Pro Hac Vice) [email protected] Hyun S. Byun (Pro Hac Vice) [email protected] Covington & Burling LLP 333 Twin Dolphin Drive Suite 700 Redwood Shores, CA 94065-1418 Telephone: (650) 632-4700 Facsimile: (650) 632-4800 Tammy Albarran (Pro Hac Vice) [email protected] Lauren E. Pedley (Pro Hac Vice) [email protected] Covington & Burling LLP One Front Street San Francisco, CA 94111 Telephone: (415) 591-7066 Facsimile: (415) 955-6566


1

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

TO DEFENDANTS AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that pursuant to Federal Rule of Civil Procedure

45(b)(1), Plaintiffs have served the attached subpoenas commanding deposition and

trial testimony and intend to serve the attached subpoena for production of documents,

electronically stored information, or tangible things, upon Michael Zullo.

RESPECTFULLY SUBMITTED this 25th day of September, 2015.

By: /s/ Michelle L. Morin Cecillia D. Wang (Pro Hac Vice) Andre I. Segura (Pro Hac Vice) ACLU Foundation Immigrants’ Rights Project

Daniel Pochoda ACLU Foundation of Arizona Anne Lai (Pro Hac Vice) Stanley Young (Pro Hac Vice) Tammy Albarran (Pro Hac Vice) Michelle L. Morin (Pro Hac Vice) Lauren E. Pedley (Pro Hac Vice) Hyun S. Byun (Pro Hac Vice) Priscilla G. Dodson (Pro Hac Vice) Covington & Burling, LLP Jorge M. Castillo (Pro Hac Vice) Mexican American Legal Defense and Educational Fund Attorneys for Plaintiffs


2

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

CERTIFICATE OF SERVICE

I hereby certify that on September 25, 2015 I electronically transmitted the

attached document to the Clerk’s office using the CM/ECF System for filing and

caused the attached document to be served via the CM/ECF System on all counsel of

record.

/s/ Michelle L. Morin


AO 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action

UNITED STATES DISTRICT COURTfor the

__________ District of __________

))))))

Plaintiff

v. Civil Action No.

Defendant

SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION

To:

(Name of person to whom this subpoena is directed)

Testimony: YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at a deposition to be taken in this civil action. If you are an organization, you must designate one or more officers, directors,or managing agents, or designate other persons who consent to testify on your behalf about the following matters, orthose set forth in an attachment:

Place: Date and Time:

The deposition will be recorded by this method:

Production: You, or your representatives, must also bring with you to the deposition the following documents, electronically stored information, or objects, and must permit inspection, copying, testing, or sampling of thematerial:

The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance;Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty torespond to this subpoena and the potential consequences of not doing so.

Date:CLERK OF COURT

OR

Signature of Clerk or Deputy Clerk Attorney’s signature

The name, address, e-mail address, and telephone number of the attorney representing (name of party)

, who issues or requests this subpoena, are:

Notice to the person who issues or requests this subpoenaIf this subpoena commands the production of documents, electronically stored information, or tangible things beforetrial, a notice and a copy of the subpoena must be served on each party in this case before it is served on the person towhom it is directed. Fed. R. Civ. P. 45(a)(4).

District of Arizona

Manuel de Jesus Ortega Melendres, et al.

07-2513-PHX-GMS

Joseph M. Arpaio, et al.,

Michael Zullo1921 W Morning Vista Ln Phoenix, AZ 85085-2722

✔

Legal Video Specialists, 3033 N. CentralAvenue, Suite 100, Phoenix, Arizona, 85012

10/07/2015 1:00 pm

stenography and video

09/22/2015

s/ Michelle L. Morin

Plaintiffs Manuel de Jesus Ortega Melendres, et al.

Michelle L Morin, Covington & Burling, 333 Twin Dolphin Dr, Ste 700, Redwood Shores, CA 94065, [email protected]


AO 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)

I received this subpoena for (name of individual and title, if any)

on (date) .

I served the subpoena by delivering a copy to the named individual as follows:

on (date) ; or

I returned the subpoena unexecuted because:

.

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have alsotendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of

$ .

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc.:

07-2513-PHX-GMS

0.00


AO 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action (Page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)

(c) Place of Compliance.

(1) For a Trial, Hearing, or Deposition. A subpoena may command aperson to attend a trial, hearing, or deposition only as follows: (A) within 100 miles of where the person resides, is employed, orregularly transacts business in person; or (B) within the state where the person resides, is employed, or regularlytransacts business in person, if the person (i) is a party or a party’s officer; or (ii) is commanded to attend a trial and would not incur substantialexpense.

(2) For Other Discovery. A subpoena may command: (A) production of documents, electronically stored information, ortangible things at a place within 100 miles of where the person resides, isemployed, or regularly transacts business in person; and (B) inspection of premises at the premises to be inspected.

(d) Protecting a Person Subject to a Subpoena; Enforcement.

(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorneyresponsible for issuing and serving a subpoena must take reasonable stepsto avoid imposing undue burden or expense on a person subject to thesubpoena. The court for the district where compliance is required mustenforce this duty and impose an appropriate sanction—which may includelost earnings and reasonable attorney’s fees—on a party or attorney whofails to comply.

(2) Command to Produce Materials or Permit Inspection.(A) Appearance Not Required. A person commanded to produce

documents, electronically stored information, or tangible things, or topermit the inspection of premises, need not appear in person at the place ofproduction or inspection unless also commanded to appear for a deposition,hearing, or trial.

(B) Objections. A person commanded to produce documents or tangiblethings or to permit inspection may serve on the party or attorney designatedin the subpoena a written objection to inspecting, copying, testing, orsampling any or all of the materials or to inspecting the premises—or toproducing electronically stored information in the form or forms requested.The objection must be served before the earlier of the time specified forcompliance or 14 days after the subpoena is served. If an objection is made,the following rules apply:

(i) At any time, on notice to the commanded person, the serving partymay move the court for the district where compliance is required for anorder compelling production or inspection.

(ii) These acts may be required only as directed in the order, and theorder must protect a person who is neither a party nor a party’s officer fromsignificant expense resulting from compliance.

(3) Quashing or Modifying a Subpoena.

(A) When Required. On timely motion, the court for the district wherecompliance is required must quash or modify a subpoena that:

(i) fails to allow a reasonable time to comply;(ii) requires a person to comply beyond the geographical limits

specified in Rule 45(c);(iii) requires disclosure of privileged or other protected matter, if no

exception or waiver applies; or(iv) subjects a person to undue burden.

(B) When Permitted. To protect a person subject to or affected by asubpoena, the court for the district where compliance is required may, onmotion, quash or modify the subpoena if it requires:

(i) disclosing a trade secret or other confidential research, development,or commercial information; or

(ii) disclosing an unretained expert’s opinion or information that doesnot describe specific occurrences in dispute and results from the expert’sstudy that was not requested by a party.

(C) Specifying Conditions as an Alternative. In the circumstancesdescribed in Rule 45(d)(3)(B), the court may, instead of quashing ormodifying a subpoena, order appearance or production under specifiedconditions if the serving party:

(i) shows a substantial need for the testimony or material that cannot beotherwise met without undue hardship; and

(ii) ensures that the subpoenaed person will be reasonably compensated.

(e) Duties in Responding to a Subpoena.

(1) Producing Documents or Electronically Stored Information. Theseprocedures apply to producing documents or electronically storedinformation:

(A) Documents. A person responding to a subpoena to produce documentsmust produce them as they are kept in the ordinary course of business ormust organize and label them to correspond to the categories in the demand.

(B) Form for Producing Electronically Stored Information Not Specified.If a subpoena does not specify a form for producing electronically storedinformation, the person responding must produce it in a form or forms inwhich it is ordinarily maintained or in a reasonably usable form or forms.

(C) Electronically Stored Information Produced in Only One Form. Theperson responding need not produce the same electronically storedinformation in more than one form.

(D) Inaccessible Electronically Stored Information. The personresponding need not provide discovery of electronically stored informationfrom sources that the person identifies as not reasonably accessible becauseof undue burden or cost. On motion to compel discovery or for a protectiveorder, the person responding must show that the information is notreasonably accessible because of undue burden or cost. If that showing ismade, the court may nonetheless order discovery from such sources if therequesting party shows good cause, considering the limitations of Rule26(b)(2)(C). The court may specify conditions for the discovery.

(2) Claiming Privilege or Protection.(A) Information Withheld. A person withholding subpoenaed information

under a claim that it is privileged or subject to protection as trial-preparationmaterial must:

(i) expressly make the claim; and(ii) describe the nature of the withheld documents, communications, or

tangible things in a manner that, without revealing information itselfprivileged or protected, will enable the parties to assess the claim.(B) Information Produced. If information produced in response to a

subpoena is subject to a claim of privilege or of protection astrial-preparation material, the person making the claim may notify any partythat received the information of the claim and the basis for it. After beingnotified, a party must promptly return, sequester, or destroy the specifiedinformation and any copies it has; must not use or disclose the informationuntil the claim is resolved; must take reasonable steps to retrieve theinformation if the party disclosed it before being notified; and may promptlypresent the information under seal to the court for the district wherecompliance is required for a determination of the claim. The person whoproduced the information must preserve the information until the claim isresolved.

(g) Contempt.The court for the district where compliance is required—and also, after amotion is transferred, the issuing court—may hold in contempt a personwho, having been served, fails without adequate excuse to obey thesubpoena or an order related to it.

For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).


AO 88 (Rev. 02/14) Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action


__________ District of __________

)))))

Plaintiff

v. Civil Action No.

Defendant

SUBPOENA TO APPEAR AND TESTIFYAT A HEARING OR TRIAL IN A CIVIL ACTION

To:


YOU ARE COMMANDED to appear in the United States district court at the time, date, and place set forth belowto testify at a hearing or trial in this civil action. When you arrive, you must remain at the court until the judge or a courtofficer allows you to leave.

Place: Courtroom No.:

Date and Time:

You must also bring with you the following documents, electronically stored information, or objects (leave blank if

not applicable):


Date:CLERK OF COURT

OR




Notice to the person who issues or requests this subpoenaIf this subpoena commands the production of documents, electronically stored information, or tangible things beforetrial, a notice and a copy of the subpoena must be served on each party in this case before it is served on the person towhom it is directed. Fed. R. Civ. P. 45(a)(4).


mazhar

Typewritten Text

*and Oct. 27-30, to remain until completion of testimony and dismissal by the Court.

mazhar

Typewritten Text

October 8-9, 2015 at 9:00 AM * October 13-14, 2015 at 9:00 AM *

AO 88 (Rev. 02/14) Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action (page 2)

Civil Action No.

PROOF OF SERVICE



on (date) .

’ I served the subpoena by delivering a copy to the named person as follows:

on (date) ; or

’ I returned the subpoena unexecuted because:

.

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of

$ .





Server’s address



AO 88 (Rev. 02/14) Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action (page 3)







(2) Command to Produce Materials or Permit Inspection. (A) Appearance Not Required. A person commanded to producedocuments, electronically stored information, or tangible things, or topermit the inspection of premises, need not appear in person at the place ofproduction or inspection unless also commanded to appear for a deposition,hearing, or trial. (B) Objections. A person commanded to produce documents or tangiblethings or to permit inspection may serve on the party or attorney designatedin the subpoena a written objection to inspecting, copying, testing, orsampling any or all of the materials or to inspecting the premises—or toproducing electronically stored information in the form or forms requested.The objection must be served before the earlier of the time specified forcompliance or 14 days after the subpoena is served. If an objection is made,the following rules apply: (i) At any time, on notice to the commanded person, the serving partymay move the court for the district where compliance is required for anorder compelling production or inspection. (ii) These acts may be required only as directed in the order, and theorder must protect a person who is neither a party nor a party’s officer fromsignificant expense resulting from compliance.

(3) Quashing or Modifying a Subpoena. (A) When Required. On timely motion, the court for the district wherecompliance is required must quash or modify a subpoena that: (i) fails to allow a reasonable time to comply; (ii) requires a person to comply beyond the geographical limitsspecified in Rule 45(c); (iii) requires disclosure of privileged or other protected matter, if noexception or waiver applies; or (iv) subjects a person to undue burden. (B) When Permitted. To protect a person subject to or affected by asubpoena, the court for the district where compliance is required may, onmotion, quash or modify the subpoena if it requires:

(i) disclosing a trade secret or other confidential research,development, or commercial information; or

(ii) disclosing an unretained expert’s opinion or information that doesnot describe specific occurrences in dispute and results from the expert’sstudy that was not requested by a party. (C) Specifying Conditions as an Alternative. In the circumstancesdescribed in Rule 45(d)(3)(B), the court may, instead of quashing ormodifying a subpoena, order appearance or production under specifiedconditions if the serving party: (i) shows a substantial need for the testimony or material that cannot beotherwise met without undue hardship; and (ii) ensures that the subpoenaed person will be reasonably compensated.


(1) Producing Documents or Electronically Stored Information. Theseprocedures apply to producing documents or electronically storedinformation: (A) Documents. A person responding to a subpoena to produce documentsmust produce them as they are kept in the ordinary course of business ormust organize and label them to correspond to the categories in the demand. (B) Form for Producing Electronically Stored Information Not Specified.If a subpoena does not specify a form for producing electronically storedinformation, the person responding must produce it in a form or forms inwhich it is ordinarily maintained or in a reasonably usable form or forms. (C) Electronically Stored Information Produced in Only One Form. Theperson responding need not produce the same electronically storedinformation in more than one form. (D) Inaccessible Electronically Stored Information. The personresponding need not provide discovery of electronically stored informationfrom sources that the person identifies as not reasonably accessible becauseof undue burden or cost. On motion to compel discovery or for a protectiveorder, the person responding must show that the information is notreasonably accessible because of undue burden or cost. If that showing ismade, the court may nonetheless order discovery from such sources if therequesting party shows good cause, considering the limitations of Rule26(b)(2)(C). The court may specify conditions for the discovery.

(2) Claiming Privilege or Protection. (A) Information Withheld. A person withholding subpoenaed informationunder a claim that it is privileged or subject to protection as trial-preparationmaterial must: (i) expressly make the claim; and (ii) describe the nature of the withheld documents, communications, ortangible things in a manner that, without revealing information itselfprivileged or protected, will enable the parties to assess the claim. (B) Information Produced. If information produced in response to asubpoena is subject to a claim of privilege or of protection astrial-preparation material, the person making the claim may notify any partythat received the information of the claim and the basis for it. After beingnotified, a party must promptly return, sequester, or destroy the specifiedinformation and any copies it has; must not use or disclose the informationuntil the claim is resolved; must take reasonable steps to retrieve theinformation if the party disclosed it before being notified; and may promptlypresent the information under seal to the court for the district wherecompliance is required for a determination of the claim. The person whoproduced the information must preserve the information until the claim isresolved.




AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action


__________ District of __________

))))))

Plaintiff

v. Civil Action No.

Defendant

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTSOR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION

To:


’ Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of thematerial:


’ Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting partymay inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.



Date:

CLERK OF COURTOR




Notice to the person who issues or requests this subpoenaIf this subpoena commands the production of documents, electronically stored information, or tangible things or theinspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case beforeit is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

(650) 632-4700


AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE



on (date) .

’ I served the subpoena by delivering a copy to the named person as follows:

on (date) ; or

’ I returned the subpoena unexecuted because:

.

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of

$ .





Server’s address



AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)







(2) Command to Produce Materials or Permit Inspection. (A) Appearance Not Required. A person commanded to producedocuments, electronically stored information, or tangible things, or topermit the inspection of premises, need not appear in person at the place ofproduction or inspection unless also commanded to appear for a deposition,hearing, or trial. (B) Objections. A person commanded to produce documents or tangiblethings or to permit inspection may serve on the party or attorney designatedin the subpoena a written objection to inspecting, copying, testing, orsampling any or all of the materials or to inspecting the premises—or toproducing electronically stored information in the form or forms requested.The objection must be served before the earlier of the time specified forcompliance or 14 days after the subpoena is served. If an objection is made,the following rules apply: (i) At any time, on notice to the commanded person, the serving partymay move the court for the district where compliance is required for anorder compelling production or inspection. (ii) These acts may be required only as directed in the order, and theorder must protect a person who is neither a party nor a party’s officer fromsignificant expense resulting from compliance.

(3) Quashing or Modifying a Subpoena. (A) When Required. On timely motion, the court for the district wherecompliance is required must quash or modify a subpoena that: (i) fails to allow a reasonable time to comply; (ii) requires a person to comply beyond the geographical limitsspecified in Rule 45(c); (iii) requires disclosure of privileged or other protected matter, if noexception or waiver applies; or (iv) subjects a person to undue burden. (B) When Permitted. To protect a person subject to or affected by asubpoena, the court for the district where compliance is required may, onmotion, quash or modify the subpoena if it requires:

(i) disclosing a trade secret or other confidential research,development, or commercial information; or

(ii) disclosing an unretained expert’s opinion or information that doesnot describe specific occurrences in dispute and results from the expert’sstudy that was not requested by a party. (C) Specifying Conditions as an Alternative. In the circumstancesdescribed in Rule 45(d)(3)(B), the court may, instead of quashing ormodifying a subpoena, order appearance or production under specifiedconditions if the serving party: (i) shows a substantial need for the testimony or material that cannot beotherwise met without undue hardship; and (ii) ensures that the subpoenaed person will be reasonably compensated.


(1) Producing Documents or Electronically Stored Information. Theseprocedures apply to producing documents or electronically storedinformation: (A) Documents. A person responding to a subpoena to produce documentsmust produce them as they are kept in the ordinary course of business ormust organize and label them to correspond to the categories in the demand. (B) Form for Producing Electronically Stored Information Not Specified.If a subpoena does not specify a form for producing electronically storedinformation, the person responding must produce it in a form or forms inwhich it is ordinarily maintained or in a reasonably usable form or forms. (C) Electronically Stored Information Produced in Only One Form. Theperson responding need not produce the same electronically storedinformation in more than one form. (D) Inaccessible Electronically Stored Information. The personresponding need not provide discovery of electronically stored informationfrom sources that the person identifies as not reasonably accessible becauseof undue burden or cost. On motion to compel discovery or for a protectiveorder, the person responding must show that the information is notreasonably accessible because of undue burden or cost. If that showing ismade, the court may nonetheless order discovery from such sources if therequesting party shows good cause, considering the limitations of Rule26(b)(2)(C). The court may specify conditions for the discovery.

(2) Claiming Privilege or Protection. (A) Information Withheld. A person withholding subpoenaed informationunder a claim that it is privileged or subject to protection as trial-preparationmaterial must: (i) expressly make the claim; and (ii) describe the nature of the withheld documents, communications, ortangible things in a manner that, without revealing information itselfprivileged or protected, will enable the parties to assess the claim. (B) Information Produced. If information produced in response to asubpoena is subject to a claim of privilege or of protection astrial-preparation material, the person making the claim may notify any partythat received the information of the claim and the basis for it. After beingnotified, a party must promptly return, sequester, or destroy the specifiedinformation and any copies it has; must not use or disclose the informationuntil the claim is resolved; must take reasonable steps to retrieve theinformation if the party disclosed it before being notified; and may promptlypresent the information under seal to the court for the district wherecompliance is required for a determination of the claim. The person whoproduced the information must preserve the information until the claim isresolved.




1

Attachment A

Request #1:

Copies, to be provided in native format with metadata, of all emails, text messages, or other written communications, including any attachments and metadata, and including communications and DOCUMENTS sent to or from personal email accounts such as [email protected], [email protected], [email protected], and emails and text messages sent using personal smartphones, tablets or other communications devices or MCSO-provided devices, sent to or from YOU, Sheriff Arpaio, Chief Deputy Sheridan, Brian Mackiewicz, Dennis Montgomery a/k/a David Webb, Retired Executive Chief Brian Sands, any employee of Maricopa County Sheriff's Office, or any member of the Cold Case Posse, from December 23, 2011 through the present, that mention or relate to:

(a) Dennis Montgomery's activities, on behalf of YOU, Sheriff Arpaio, or MCSO, relating to the timeline and diagram provided in the "Joe Arpaio Brief" (attached as Exhibit A)

(b) the Melendres litigation, the court's orders relating to the litigation, plaintiffs in that litigation and plaintiffs' attorneys in that litigation, and the court-appointed Monitor,

(c) any investigation conducted by Sheriff Arpaio or MCSO or agents of Sheriff Arpaio or MCSO, or on Sheriff Arpaio's or MCSO's behalf, of Judge Snow or of any judge or elected official, and/or their family members and/or their associates.

Request #2:

Copies, to be provided in native format with metadata, of any work product in your possession regarding items (a)-(c) of Request #1, including all revisions and drafts.

DEFINITIONS AND INSTRUCTIONS

1. “YOU” is defined to include you, and any person or entity acting or purporting to act on their behalf, at their direction, or under their supervision.

2. “DEFENDANTS” is defined to include the named defendants in this matter, Joseph Arpaio, in his official capacity as the sheriff of Maricopa County, and Maricopa County, and any person or entity acting or purporting to act on their behalf, at their direction, or under their supervision.


mailto:[email protected]



2

3. “RELATE” OR “RELATING TO” means evidencing, memorializing, referring, concerning, constituting, containing, discussing, describing, embodying, reflecting, identifying, mentioning, stating, responding or otherwise alluding to or relating to in any way, in whole or in part, the subject matter referred to in the interrogatory.

4. “DOCUMENT” and “DOCUMENTS” are defined to be synonymous in meaning and equal in scope to the usage of the terms in Federal Rule of Civil Procedure 34(a), in its broadest sense, and shall mean and include all written, printed, typed, recorded or graphic matter of every kind and description, both originals and copies, and all attachments and appendices thereto, that are in YOUR possession, custody or control, or in the possession, custody or control of the YOUR attorneys. A draft of a non-identical copy is a separate DOCUMENT within the meaning of this term. Without limiting the term “control,” a DOCUMENT is deemed to be within YOUR control if YOU have ownership, possession or custody of the DOCUMENT, or the right to secure the DOCUMENT or copy thereof from any PERSONS or public or private entity having physical control thereof.

5. “PERSON” means, inclusively, any natural person, proprietorship, partnership, joint venture, trust, group, agency, department, association, corporation or any other entity or organization, and any agent or employee of any of those individual entities.

6. “COMMUNICATION” means any oral or written contact, regardless of method, between two or more persons, organizations, companies, or other business entities, regardless of form, and shall include, without limitation, notes, letters, memoranda, email, facsimile, reports, briefings, telegrams, telex or, by any document, oral contact by such means as face to face meetings and/or telephone conversations, or any form of transmittal of information in the form of facts, ideas, inquiries, or otherwise.

7. Words used in the plural shall be interpreted to include the singular, and words used in the singular shall be interpreted to include the plural.

8. The terms “and” as well as “or” shall be construed either disjunctively or conjunctively in order to bring within the scope of the specifications stated in a Request all responses that might otherwise be deemed outside the scope.

9. The use of a verb in any tense shall be construed as the use of the verb in all other tenses, whenever necessary to bring into the scope of the specification all responses which might otherwise be construed outside the scope.


3

10. The use of any masculine or feminine pronoun includes both the masculine and feminine.


EXHIBIT A


JOE ARPAIO BRIEFTimeline

_______________________________Confidential Information Not to Be Disclosed Rev 1.3a

IP Time From To DurationDate Description Address Call Call Call in (Min)2001 - 2008 Eric Holder Senior Partner Covington Burling Law Firm 2001 – 2009 Lanny Breuer Senior Partner Covington Burling Law Firm

02/12/07 ACLU Files Melendres Lawsuit Against Arpaio

06/15/08 US Department of Justice (DOJ) announces investigation into Joe Arpaio

02/01/09 US Department of Justice (DOJ) - Hires Eric Holder Attorney General US03/15/09 Arizona Attorney General (AG) Issues Search Warrant Deputy Joel Fox 04/20/09 Lanny Breuer Hired As Assistant AG Criminal Div. - DOJ07/07/09 Joe Arpaio Announces he will not cooperate with DOJ Investigation07/15/09 US Federal Judge Mary Murguia recuses herself from the Arpaio case.07/20/09 US Department of Justice (DOJ) - Calls Federal Judge G. Murray Snow 202.514.2000 602.322.7560 1007/22/09 Judge G. Murray Snow Assigned To Arpaio Federal Cases (Not Random)07/23/09 US Department of Justice (DOJ) - Calls Federal Judge G. Murray Snow 202.514.2000 602.322.7560 3209/01/09 John Gray Starts Intern Clerk Job with Federal Judge G. Murray Snow09/26/09 US Department of Justice (DOJ) - Calls Federal Judge G. Murray Snow 602.322.7650 202.514.2000 509/28/09 US Department of Justice (DOJ) - Wire Tap #56990-34 Block 602-920-4000,++10/15/09 US Gov breached Maricopa all domains, and subdomains 156.42.184.18

Maricopa Government - mcao.maricpoa.gov - mcso.maricopa.gov 156.42.184.65Mail servers: extmail1.maricopa.gov extmail2.maricopa.gov 156.42.103.166

03/25/10 Federal Judge Mary Murguia nominated to the 9th Circuit Court Appeals.05/24/10 US Department of Justice (DOJ) Calls Federal Judge G. Murray Snow 202.514.2000 602.322.7560 1405/28/10 DOJ Criminal Division Wire Tap #64402-03 602-920-4400, 602-920-400008/15/10 US Gov breached Maricopa all domains, and subdomains 156.42.184.18

Maricopa Government - mcao.maricpoa.gov - mcso.maricopa.gov 156.42.184.65 Mail servers: extmail1.maricopa.gov extmail2.maricopa.gov 156.42.103.16607/10/10 Covington Burling Law Firm Take Over Melendres Lawsuit Against Arpaio.09/02/10 US Department of Justice (DOJ) files suit against Arpaio09/15/10 John Gray Ends Intern Clerk with Federal Judge G. Murray Snow10/01/10 John Gray Joins Perkins Coie Law Firm10/23/10 US Government Breached - www.jshfirm.com mail.jshfirm.com 216.119.127.142

Service25-us.mimecast.com ; service26-us.mimecast.com

CONFIDENTIA

L

MELC199917

Case 2:07-cv-02513-GMS Document 1166 Filed 07/10/15 Page 28 of 61Case 2:07-cv-02513-GMS Document 1396 Filed 09/25/15 Page 18 of 37



IP Time From To DurationDate Description Address Call Call Call in (Min)10/25/10 US Department of Justice (DOJ) Calls Perkins Coie (John Gray) 16:30 202.514.2000 602.351.8092 810/25/10 Perkins Coie Associate (John Gray) makes call to Federal Judge Snow Chambers 16:42 602.351.8092 602.322.7560 1010/25/10 Perkins Coie Associate (John Gray) makes call to Maricopa County Cell Phone ++ 16:55 602.351.8092 602.+++ 10

01/04/11 US Federal Judge Mary Murguia approved as 9th Circuit Court of Appeals Judge04/23/11 Sheriff Arpaio Fires Chief Deputy David Hendershott and Deputy Larry Black10/21/11 Sheriff Arpaio Fires MSCO Captain Joel Fox09/01/11 US Department of Justice (DOJ) files complaint against Sheriff Arpaio

07/19/12 Melendres vs. Sheriff Arpaio Trial Heard by Federal Judge G. Murray Snow

03/01/13 Lanny Breuer Resigns from DOJ and rejoins Covington Burling Law Firm 06/13/13 US Department of Justice (DOJ) Joins Melendres Lawsuit with Covington Law Firm10/02/13 Judge G. Murray Snow Rules in Class Action Lawsuit Against Joe Arpaio

Red - Phone Calls made to or from the Department of JusticeGreen - John Gray Interns for Federal Judge G. Murray Snow (2009 - 2010)Blue - Judge G. Murray Snow Assigned To Arpaio Federal Case

CONFIDENTIA

L

MELC199918




CONFIDENTIA

L

MELC199919




CONFIDENTIA

L

MELC199920



_______________________________Confidential Information Not to Be Disclosed Rev 1.4c

Breach Time From To DurationDate Description IP Address Call Call Call in (Min)2001 - 2008 Eric Holder Senior Partner Covington Burling Law Firm 2001 – 2009 Lanny Breuer Senior Partner Covington Burling Law Firm



02/01/09 US Department of Justice (DOJ) - Hires Eric Holder Attorney General US03/15/09 Arizona Attorney General (AG) Issues Search Warrant Deputy Joel Fox 04/20/09 Lanny Breuer Hired As Assistant AG Criminal Div. - DOJ07/07/09 Joe Arpaio Announces he will not cooperate with DOJ Investigation07/15/09 US Federal Judge Mary Murguia recuses herself from the Arpaio case.07/20/09 US Department of Justice (DOJ) - Calls Federal Judge G. Murray Snow 202.514.2000 602.322.7560 1007/22/09 Judge G. Murray Snow Assigned To Arpaio Federal Cases (Not Random)07/23/09 US Department of Justice (DOJ) - Calls Federal Judge G. Murray Snow 202.514.2000 602.322.7560 3209/01/09 John Gray Starts Intern Clerk Job with Federal Judge G. Murray Snow09/16/09 Dennis Burke Becomes US Attorney General Arizona09/25/09 US Department of Justice (DOJ) - Calls Dennis Burke US Attorney Arizona 10:43 202.514.2000 602.514.7500 909/26/09 Judge G. Murray Snow Calls US Department of Justice (DOJ) 11:04 602.322.7560 202.514.2000 1609/28/09 Dennis Burke US Attorney - Calls Judge G. Murray Snow 11:44 602.514.7500 602.322.7560 609/28/09 US Department of Justice (DOJ) - Wire Tap #56990-34 Block 602-920-4000,++10/15/09 US Gov breached Maricopa all domains, and subdomains 156.42.184.18


03/25/10 Federal Judge Mary Murguia nominated to the 9th Circuit Court Appeals.05/24/10 US Department of Justice (DOJ) - Civil Rights Calls Federal Judge G. Murray Snow 202.514.6225 602.322.7560 1405/28/10 DOJ Criminal Division Wire Tap #64402-03 602-920-4400, 602-920-400008/15/10 US Gov breached Maricopa all domains, and subdomains 156.42.184.18

Maricopa Government - mcao.maricpoa.gov - mcso.maricopa.gov 156.42.184.65 Mail servers: extmail1.maricopa.gov extmail2.maricopa.gov 156.42.103.16607/10/10 Covington Burling Law Firm Take Over Melendres Lawsuit Against Arpaio.09/02/10 US Department of Justice (DOJ) files suit against Arpaio09/15/10 US Department of Justice (DOJ) Call Federal Judge G. Murray Snow 202.307.0652 602.322.7560 5

MELC199921



_______________________________Confidential Information Not to Be Disclosed Rev 1.4c

Breach Time From To DurationDate Description IP Address Call Call Call in (Min)09/15/10 John Gray Ends Intern Clerk with Federal Judge G. Murray Snow10/01/10 John Gray Joins Perkins Coie Law Firm10/23/10 US Government Breached - www.jshfirm.com mail.jshfirm.com 216.119.127.142


10/25/10 US Department of Justice (DOJ) Calls Perkins Coie (John Gray) 16:30 202.514.2000 602.351.8092 810/25/10 Perkins Coie Associate (John Gray) makes call to Federal Judge Snow Chambers 16:42 602.351.8092 602.322.7560 1010/25/10 Perkins Coie Associate (John Gray) makes call to Maricopa County Cell Phone ++ 16:55 602.351.8092 602.+++ 4

01/04/11 US Federal Judge Mary Murguia approved as 9th Circuit Court of Appeals Judge04/23/11 Sheriff Arpaio Fires Chief Deputy David Hendershott and Deputy Larry Black08/30/11 Dennis Burke Resigns As Us Attorney Arizona - Fast and Furious Scandal10/21/11 Sheriff Arpaio Fires MSCO Captain Joel Fox09/01/11 US Department of Justice (DOJ) files complaint against Sheriff Arpaio




MELC199922



_______________________________Confidential Information Not to Be Disclosed Rev 1.4c MELC199923



_______________________________Confidential Information Not to Be Disclosed Rev 1.4c MELC199924







02/01/09 US Department of Justice (DOJ) - Hires Eric Holder Attorney General US03/15/09 Arizona Attorney General (AG) Issues Search Warrant Deputy Joel Fox 04/20/09 Lanny Breuer Hired As Assistant AG Criminal Div. - DOJ07/07/09 Joe Arpaio Announces he will not cooperate with DOJ Investigation07/15/09 US Federal Judge Mary Murguia recuses herself from the Arpaio case.07/20/09 US Department of Justice (DOJ) - Calls Federal Judge G. Murray Snow 202.514.2000 602.322.7560 1007/22/09 Judge G. Murray Snow Assigned To Arpaio Federal Cases (Not Random)07/23/09 US Department of Justice (DOJ) - Calls Federal Judge G. Murray Snow 202.514.2000 602.322.7560 3209/01/09 John Gray Starts Intern Clerk Job with Federal Judge G. Murray Snow09/16/09 Dennis Burke Becomes US Attorney General Arizona09/25/09 US Department of Justice (DOJ) - Calls Dennis Burke US Attorney Arizona 10:43 202.514.2000 602.514.7500 909/26/09 Judge G. Murray Snow Calls US Department of Justice (DOJ) 11:04 602.322.7560 202.514.2000 1609/28/09 Dennis Burke US Attorney - Calls Judge G. Murray Snow 11:44 602.514.7500 602.322.7560 609/28/09 US Department of Justice (DOJ) - Wire Tap #56990-34 Block 602-920-4000,++10/15/09 US Gov breached Maricopa all domains, and subdomains 156.42.184.18


03/25/10 Federal Judge Mary Murguia nominated to the 9th Circuit Court Appeals.05/24/10 US Department of Justice (DOJ) - Civil Rights Calls Federal Judge G. Murray Snow 202.514.6225 602.322.7560 1405/28/10 DOJ Criminal Division Wire Tap #64402-03 602-920-4400, 602-920-400008/15/10 US Gov breached Maricopa all domains, and subdomains 156.42.184.18

Maricopa Government - mcao.maricpoa.gov - mcso.maricopa.gov 156.42.184.65 Mail servers: extmail1.maricopa.gov extmail2.maricopa.gov 156.42.103.16607/10/10 Covington Burling Law Firm Take Over Melendres Lawsuit Against Arpaio.09/02/10 US Department of Justice (DOJ) files suit against Arpaio09/15/10 US Department of Justice (DOJ) Call Federal Judge G. Murray Snow 202.307.0652 602.322.7560 5

MELC199925




Breach Time From To DurationDate Description IP Address Call Call Call in (Min)09/15/10 John Gray Ends Intern Clerk with Federal Judge G. Murray Snow10/01/10 John Gray Joins Perkins Coie Law Firm10/18/10 Covington Burling Law Firm Call Department of Justice (DOJ) - Not In This Case 14:55 650.632.4704 202.514.6225 1010/22/10 Covington Burling Law Firm Call Perkins Coie (John Gray) 14:21 650.632.4704 602.351.8092 1910/23/10 US Government Breached - www.jshfirm.com mail.jshfirm.com 216.119.127.142



01/04/11 US Federal Judge Mary Murguia approved as 9th Circuit Court of Appeals Judge04/23/11 Sheriff Arpaio Fires Chief Deputy David Hendershott and Deputy Larry Black08/30/11 Dennis Burke Resigns As Us Attorney Arizona - Fast and Furious Scandal10/21/11 Sheriff Arpaio Fires MSCO Captain Joel Fox09/01/11 US Department of Justice (DOJ) files complaint against Sheriff Arpaio




MELC199926



_______________________________Confidential Information Not to Be Disclosed Rev 1.5a MELC199927



_______________________________Confidential Information Not to Be Disclosed Rev 1.5a MELC199928



_______________________________Confidential Information Not to Be Disclosed Rev 2.0




02/01/09 US Department of Justice (DOJ) - Hires Eric Holder Attorney General US03/15/09 Arizona Attorney General (AG) Issues Search Warrant Deputy Joel Fox 04/20/09 Lanny Breuer Hired As Assistant AG Criminal Div. - DOJ07/07/09 Joe Arpaio Announces he will not cooperate with DOJ Investigation07/15/09 US Federal Judge Mary Murguia recuses herself from the Arpaio case.07/20/09 US Department of Justice (DOJ) - Calls Federal Judge G. Murray Snow 202.514.2000 602.322.7560 1007/22/09 Judge G. Murray Snow Assigned To Arpaio Federal Cases (Not Random)07/23/09 US Department of Justice (DOJ) - Calls Federal Judge G. Murray Snow 202.514.2000 602.322.7560 3209/01/09 John Gray Starts Intern Clerk Job with Federal Judge G. Murray Snow09/16/09 Dennis Burke Becomes US Attorney General Arizona09/25/09 US Department of Justice (DOJ) - Calls Dennis Burke US Attorney Arizona 10:43 202.514.2000 602.514.7500 909/26/09 Judge G. Murray Snow Calls US Department of Justice (DOJ) 11:04 602.322.7560 202.514.2000 1609/28/09 Dennis Burke US Attorney - Calls Judge G. Murray Snow 11:44 602.514.7500 602.322.7560 609/28/09 US Department of Justice (DOJ) - Wire Tap #56990-34 Block 602-920-4000,++10/15/09 US Gov breached Maricopa all domains, and subdomains 156.42.184.1810/15/09 Maricopa Government - mcao.maricpoa.gov - mcso.maricopa.gov 156.42.184.6510/15/09 Mail servers: extmail1.maricopa.gov extmail2.maricopa.gov 156.42.103.166

03/25/10 Federal Judge Mary Murguia nominated to the 9th Circuit Court Appeals.05/24/10 US Department of Justice (DOJ) - Civil Rights Calls Federal Judge G. Murray Snow 202.514.6225 602.322.7560 1405/28/10 DOJ Criminal Division Wire Tap #64402-03 602-920-4400, 602-920-400008/15/10 US Gov breached Maricopa all domains, and subdomains 156.42.184.1808/15/10 Maricopa Government - mcao.maricpoa.gov - mcso.maricopa.gov 156.42.184.6508/15/10 Mail servers: extmail1.maricopa.gov extmail2.maricopa.gov 156.42.103.166

07/10/10 Covington Burling Law Firm Take Over Melendres Lawsuit Against Arpaio.09/02/10 US Department of Justice (DOJ) files suit against Arpaio

MELC199929



_______________________________Confidential Information Not to Be Disclosed Rev 2.0

Breach Time From To DurationDate Description IP Address Call Call Call in (Min)09/15/10 US Department of Justice (DOJ) Call Federal Judge G. Murray Snow 202.307.0652 602.322.7560 509/15/10 John Gray Ends Intern Clerk with Federal Judge G. Murray Snow10/01/10 John Gray Joins Perkins Coie Law Firm10/18/10 Covington Burling Law Firm Call Department of Justice (DOJ) - Not In This Case 14:55 650.632.4704 202.514.6225 1010/22/10 Covington Burling Law Firm Call Perkins Coie (John Gray) 14:21 650.632.4704 602.351.8092 1910/23/10 US Government Breached - www.jshfirm.com mail.jshfirm.com 216.119.127.14210/23/10 Service25-us.mimecast.com ; service26-us.mimecast.com


01/04/11 US Federal Judge Mary Murguia approved as 9th Circuit Court of Appeals Judge04/23/11 Sheriff Arpaio Fires Chief Deputy David Hendershott and Deputy Larry Black08/30/11 Dennis Burke Resigns As Us Attorney Arizona - Fast and Furious Scandal10/21/11 Sheriff Arpaio Fires MSCO Captain Joel Fox09/01/11 US Department of Justice (DOJ) files complaint against Sheriff Arpaio07/18/12 US Rep Jon Kyl office call Department of Justice Office Attorney - Amin Aminfar 11:14 202.224.4521 202-307-0652 2607/19/12 Melendres vs. Sheriff Arpaio Trial Heard by Federal Judge G. Murray Snow07/24/12 Covington Burling Law Fim Call to US Rep Jon Kyl office 11:58 202.662.6000 202.224.4521 3806/13/13 US Department of Justice (DOJ) Joins Melendres Lawsuit with Covington Law Firm10/02/13 Judge G. Murray Snow Rules in Class Action Lawsuit Against Joe Arpaio


MELC199930



_______________________________Confidential Information Not to Be Disclosed Rev 2.0 MELC199931



_______________________________Confidential Information Not to Be Disclosed Rev 2.0 MELC199932


MELC199933


MELC199934


MELC199935

