Melendres # 1396 | Zullo Subpoena

8/20/2019 Melendres # 1396 | Zullo Subpoena

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Cecillia D. Wang ( Pro Hac Vice)

[email protected]

ACLU Foundation

Immigrants’ Rights Project

39 Drumm Street

San Francisco, California 94111Telephone: (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


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Additional Attorneys for Plaintiffs:

Andre I. Segura ( Pro Hac Vice)

[email protected]

ACLU Foundation

Immigrants’ Rights Project125 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 CityCenter850 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) 629-2512Facsimile: (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 DriveSuite 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 LLPOne Front Street

San Francisco, CA 94111

Telephone: (415) 591-7066

Facsimile: (415) 955-6566



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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



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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



5/37

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

U NITED 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 adeposition 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, or those 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 the

material:

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 subpoena

If 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. Central Avenue, 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]



6/37

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 also

tendered 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



7/37

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 a person to attend a trial, hearing, or deposition only as follows: (A) within 100 miles of where the person resides, is employed, or regularly transacts business in person; or (B) within the state where the person resides, is employed, or regularly

transacts 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, or tangible 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 must

enforce 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 to permit the inspection of premises, need not appear in person at the place of production 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 designated in the subpoena a written objection to inspecting, copying, testing, or sampling any or all of the materials or to inspecting the premises—or to

producing electronically stored information in the form or forms requested.The objection must be served before the earlier of the time specified for compliance 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 a

subpoena, 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 or

modifying a subpoena, order appearance or production under specified conditions if the serving party:(i) shows a substantial need for the testimony or material that cannot be

otherwise 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. These procedures apply to producing documents or electronically stored information:

(A) Documents. A person responding to a subpoena to produce documentsmust produce them as they are kept in the ordinary course of business or must 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 stored information, the person responding must produce it in a form or forms in

which it is ordinarily maintained or in a reasonably usable form or forms.(C) Electronically Stored Information Produced in Only One Form. The person responding need not produce the same electronically stored information 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-preparation

material 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 itself privileged 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 specified information 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 promptly

present the information under seal to the court for the district wherecompliance is required for a determination of the claim. The person who

produced 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).



8/37

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 TESTIFY

AT 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 court

officer 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





If 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


07-2513-PHX-GMSJoseph M. Arpaio, et al.,

Michael Zullo

Sandra Day O’Connor U.S. Federal Courthouse401 W. Washington St., Phoenix, Arizona 85003-2151

Courtroom 602

09/23/2015




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

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

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


9/37

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:

.


tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of

$ .



Date:

Server’s signature


Server’s address



07-2513-PHX-GMS

0.00

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10/37

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



(1) For a Trial, Hearing, or Deposition. A subpoena may command a person to attend a trial, hearing, or deposition only as follows: (A) within 100 miles of where the person resides, is employed, or regularly 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.



(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 include

lost 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 producedocuments, electronically stored information, or tangible things, or to

permit the inspection of premises, need not appear in person at the place of production 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 designated in the subpoena a written objection to inspecting, copying, testing, or sampling any or all of the materials or to inspecting the premises—or to

producing electronically stored information in the form or forms requested.The objection must be served before the earlier of the time specified for compliance 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 a


(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 or modifying a subpoena, order appearance or production under specified conditions if the serving party: (i) shows a substantial need for the testimony or material that cannot be



(1) Producing Documents or Electronically Stored Information. These procedures apply to producing documents or electronically stored information: (A) Documents. A person responding to a subpoena to produce documentsmust produce them as they are kept in the ordinary course of business or must 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 stored information, 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. The

person responding need not produce the same electronically stored

information 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, or

tangible things in a manner that, without revealing information itself privileged 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 specified information 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 promptly



(g) Contempt.The court for the district where compliance is required—and also, after a

motion 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.




11/37

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 OBJECTS

OR 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 followingdocuments, 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, orother 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 COURT

OR





If 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


District of Arizona


07-2513-PHX-GMSJoseph M. Arpaio, et al.,

Michael Zullo

See Attachment A.

[email protected] OR ACLU Foundation of Arizona,3707 N. 7th Street, Suite 235, Phoenix, AZ 85014

09/30/2015 4:00 pm

09/23/2015





12/37

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:

.


tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of $ .



Date:Server’s signature


Server’s address



07-2513-PHX-GMS

0.00

Print Save As... Add Attachment Reset


13/37

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



(1) For a Trial, Hearing, or Deposition. A subpoena may command a person to attend a trial, hearing, or deposition only as follows: (A) within 100 miles of where the person resides, is employed, or regularly 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.



(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 include

lost 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 producedocuments, electronically stored information, or tangible things, or to

permit the inspection of premises, need not appear in person at the place of production 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 designated in the subpoena a written objection to inspecting, copying, testing, or sampling any or all of the materials or to inspecting the premises—or to

producing electronically stored information in the form or forms requested.The objection must be served before the earlier of the time specified for compliance 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 a


(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 or modifying a subpoena, order appearance or production under specified conditions if the serving party: (i) shows a substantial need for the testimony or material that cannot be



(1) Producing Documents or Electronically Stored Information. These procedures apply to producing documents or electronically stored information: (A) Documents. A person responding to a subpoena to produce documentsmust produce them as they are kept in the ordinary course of business or must 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 stored information, 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. The

person responding need not produce the same electronically stored

information 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, or

tangible things in a manner that, without revealing information itself privileged 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 specified information 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 promptly



(g) Contempt.The court for the district where compliance is required—and also, after a

motion 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.




14/37

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 includingcommunications 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]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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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 ofmethod, 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 orconjunctively 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.



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3

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

and feminine.



17/37

EXHIBIT A



18/37

JOE ARPAIO BRIEF

Timeline

_____________________________ nfidential Information Not to Be Disclosed Rev 1.3a

IP Time From To Du

te Description Address Call Call Call in

01 - 2008 Eric Holder Senior Partner Covington Burling Law Firm

01 – 2009 Lanny Breuer Senior Partner Covington Burling Law Firm

12/07 ACLU Files Melendres Lawsuit Against Arpaio

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

01/09 US Department of Justice (DOJ) - Hires Eric Holder Attorney General US

15/09 Arizona Attorney General (AG) Issues Search Warrant Deputy Joel Fox

20/09 Lanny Breuer Hired As Assistant AG Criminal Div. - DOJ

07/09 Joe Arpaio Announces he will not cooperate with DOJ Investigation

15/09 US Federal Judge Mary Murguia recuses herself from the Arpaio case.

20/09 US Department of Justice (DOJ) - Calls Federal Judge G. Murray Snow 202.514.2000 602.322.7560

22/09 Judge G. Murray Snow Assigned To Arpaio Federal Cases (Not Random)


01/09 John Gray Starts Intern Clerk Job with Federal Judge G. Murray Snow


28/09 US Department of Justice (DOJ) - Wire Tap #56990-34 Block 602-920-4000,++

15/09 US Gov breached Maricopa all domains, and subdomains 156.42.184.18

Maricopa Government - mcao.maricpoa.gov - mcso.maricopa.gov 156.42.184.65

Mail servers: extmail1.maricopa.gov extmail2.maricopa.gov 156.42.103.166

25/10 Federal Judge Mary Murguia nominated to the 9th

Circuit Court Appeals.24/10 US Department of Justice (DOJ) Calls Federal Judge G. Murray Snow 202.514.2000 602.322.7560

28/10 DOJ Criminal Division Wire Tap #64402-03 602-920-4400, 602-920-4000




10/10 Covington Burling Law Firm Take Over Melendres Lawsuit Against Arpaio.

02/10 US Department of Justice (DOJ) files suit against Arpaio

15/10 John Gray Ends Intern Clerk with Federal Judge G. Murray Snow

01/10 John Gray Joins Perkins Coie Law Firm

23/10 US Government Breached - www.jshfirm.com mail.jshfirm.com 216.119.127.142

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

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


19/37

JOE ARPAIO BRIEF

Timeline


IP Time From To Du

te Description Address Call Call Call in

25/10 US Department of Justice (DOJ) Calls Perkins Coie (John Gray) 16:30 202.514.2000 602.351.8092

25/10 Perkins Coie Associate (John Gray) makes call to Federal Judge Snow Chambers 16:42 602.351.8092 602.322.7560

25/10 Perkins Coie Associate (John Gray) makes call to Maricopa County Cell Phone ++ 16:55 602.351.8092 602.+++

04/11 US Federal Judge Mary Murguia approved as 9th Circuit Court of Appeals Judge

/23/11 Sheriff Arpaio Fires Chief Deputy David Hendershott and Deputy Larry Black

21/11 Sheriff Arpaio Fires MSCO Captain Joel Fox

01/11 US Department of Justice (DOJ) files complaint against Sheriff Arpaio

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

01/13 Lanny Breuer Resigns from DOJ and rejoins Covington Burling Law Firm

/13/13 US Department of Justice (DOJ) Joins Melendres Lawsuit with Covington Law Firm

02/13 Judge G. Murray Snow Rules in Class Action Lawsuit Against Joe Arpaio

Red - Phone Calls made to or from the Department of Justice

Green - John Gray Interns for Federal Judge G. Murray Snow (2009 - 2010)

Blue - Judge G. Murray Snow Assigned To Arpaio Federal Case

MELC199918



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JOE ARPAIO BRIEF

Timeline


MELC199919



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JOE ARPAIO BRIEF

Timeline


MELC199920



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JOE ARPAIO BRIEF

Timeline

_____________________________ nfidential Information Not to Be Disclosed Rev 1.4c

Breach Time From To Du

te Description IP Address Call Call Call in














16/09 Dennis Burke Becomes US Attorney General Arizona

25/09 US Department of Justice (DOJ) - Calls Dennis Burke US Attorney Arizona 10:43 202.514.2000 602.514.7500

26/09 Judge G. Murray Snow Calls US Department of Justice (DOJ) 11:04 602.322.7560 202.514.2000

28/09 Dennis Burke US Attorney - Calls Judge G. Murray Snow 11:44 602.514.7500 602.322.7560



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

25/10 Federal Judge Mary Murguia nominated to the 9th Circuit Court Appeals.

24/10 US Department of Justice (DOJ) - Civil Rights Calls Federal Judge G. Murray Snow 202.514.6225 602.322.7560







15/10 US Department of Justice (DOJ) Call Federal Judge G. Murray Snow 202.307.0652 602.322.7560

MELC199921



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JOE ARPAIO BRIEF

Timeline













30/11 Dennis Burke Resigns As Us Attorney Arizona - Fast and Furious Scandal







Red - Phone Calls made to or from the Department of Justice

Green - John Gray Interns for Federal Judge G. Murray Snow (2009 - 2010)


MELC199922



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JOE ARPAIO BRIEF

Timeline


MELC199923



25/37

JOE ARPAIO BRIEF

Timeline


MELC199924



26/37

JOE ARPAIO BRIEF

Timeline























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










MELC199925



27/37

JOE ARPAIO BRIEF

Timeline






18/10 Covington Burling Law Firm Call Department of Justice (DOJ) - Not In This Case 14:55 650.632.4704 202.514.6225

22/10 Covington Burling Law Firm Call Perkins Coie (John Gray) 14:21 650.632.4704 602.351.8092















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


MELC199926



28/37

JOE ARPAIO BRIEF

Timeline


MELC199927



29/37

JOE ARPAIO BRIEF

Timeline


MELC199928



30/37

JOE ARPAIO BRIEF

Timeline

_____________________________ nfidential Information Not to Be Disclosed Rev 2.0






















15/09 Maricopa Government - mcao.maricpoa.gov - mcso.maricopa.gov 156.42.184.6515/09 Mail servers: extmail1.maricopa.gov extmail2.maricopa.gov 156.42.103.166





15/10 Maricopa Government - mcao.maricpoa.gov - mcso.maricopa.gov 156.42.184.65

15/10 Mail servers: extmail1.maricopa.gov extmail2.maricopa.gov 156.42.103.166



MELC199929



31/37

JOE ARPAIO BRIEF

Timeline







18/10 Covington Burling Law Firm Call Department of Justice (DOJ) - Not In This Case 14:55 650.632.4704 202.514.6225

22/10 Covington Burling Law Firm Call Perkins Coie (John Gray) 14:21 650.632.4704 602.351.8092


23/10 Service25-us.mimecast.com ; service26-us.mimecast.com









18/12 US Rep Jon Kyl office call Department of Justice Office Attorney - Amin Aminfar 11:14 202.224.4521 202-307-0652


24/12 Covington Burling Law Fim Call to US Rep Jon Kyl office 11:58 202.662.6000 202.224.4521



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


MELC199930



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JOE ARPAIO BRIEF

Timeline


MELC199931



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JOE ARPAIO BRIEF

Timeline


MELC199932



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MELC199933



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MELC199934



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MELC199935



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