IN THE SUPREME OF OHIO_

STATE ex rei. LE1'OHIOVOTE.ORG, et al.,

Relators, vs. Original Action in Prohibition , SECRETARY OF STATE,

Respondent.

STATE ex. r•el. NEW MODELS, et al.,

Relators, Case No. 2010-0415 vs. Original Action in Prohibition JENNIFER BRUNNER, ,

Respondent.

STATE ex. r•el. NORMAN B. CUMMINGS, et al., Case No. 2010-0421 Relator,

vs. Original Action in Prohibition

JENNIFER BRUNNER, OHIO SECRETARY OF STATE,

Respondent. MOTION OF RELATOR NEW MODELS FOR PROTECTIVE ORDER AND FOR SANCTIONS

David R. Langdon (0067046) (0038034) Counsel of Record Thomas W. Kidd, Jr. (0066359) Richard N. Coglianese (0066830) Bradley M. Peppo (0083847) Counsel of Record LANGDON LAW LLC Pearl M. Chin (0078810) 11175 Reading Rd., Ste. 104 Erick D. Gale (0075723) Cincicmati, Ohio 45241 Assistant Attorneys General (513) 577-7380 Constitutional Offices Section (513) 577-7383 fax 30 East Broad Street, 16'h Floor dlangdonna lanadonlaw.com Columbus, Ohio 43215 tkiddLi0angdonl aw.com (614) 466-2872 b e o lanudonlaw.com (614) 728-7592 fax richard.co ul ianeseCa)ohioattorneygeneraL Qov Attorneys for Relators LetOhioVote. org, pearl.chin a ohioattorneygeneral.gov Thomas E. Brinkman, Jr., Gene Pierce, erick gale(I-^)ohioattornevgeneral.gov and Carlo LoParo Attorneys for Respondent Ohio Secretary of State Jennifer Brunner

John H. Burtch (0025815) Brian J. Laliberte (0071125) Counsel of Record Counsel of Record Rodger L. Eckelberry (0071207) David F. Axelrod (0024023) Robert J. Tucker (0082205) Axelrod, LLC Baker & Hostetler, LLP 250 Civic Center Drive, Suite 500 65 East State Street, Suite 2100 Columbus, Ohio 43215 Columbus, Ohio 43215 (614) 284-7171 (614) 228-1541 (614) 448-4554 (614) 462-2616 fax brianlaliberte a7me.com j bu rtch^a)hakerlaw. com reekelberry^a bakerraw.coni Atiorneys for Relator Norman B. Cummings rtuckcr(u^bakcrlaw.com

Attorneys for Relators New Models and Timotlsy C5•auford Relator New Models ("New Models") respectfully moves the Court for an order under

Ohio R. Civ. P. 26(C)(1) preventing Respondent Ohio Secretary of State Jennifer Bruimer

("Secretary Brunner") from obtaining the discoveiy she seeks in the Notice of Deposition Duces

Tecum Pursuant to Ohio R. Civ. P. 30(B) sent to New Models. This Court has already granted an alternative writ in this action prohibiting Secretary Biunner from enforcing subpoenas issued to Relators New Models and Timothy Crawford and from taking their depositions in seeking to investigate whether LetOhioVote.org or New Models have violated various provisions of the

Ohio campaign finance statutes until it determines whether Secretary Brunner has the authority to issues such subpoenas. The Notice issued by Secretary Brunner is a back door attempt to obtain the same or similar information through Civ.R. 30(B). Moreover, the information sought in the Notice is entirely irrelevant to the purely legal issue before this Court of whether Secretary

Brunner lias the authority to issue the subpoenas. Under S.Ct. Prac. R. 14.5, Secretary Brunner's actions in issuing this Notice are frivolous and solely for the purpose of harassment and to further her own political agenda.

For these reasons and those more fully discussed in the attached memorandum in support, Relator New Models respectfully requests the Court enter a protective order precluding

Secretary Brunner from taking the deposition of New Models on March 25, 2010, or seeking any

of the discovery in the Notice including any discovery related to whether LetOhioVote.org or

New Models has violated the Ohio campaign Gnance statutes. Moreover, under S.Ct. Prac. R.

14.5, New Models seeks its attorneys' fees and expenses in moving for this Order.

-1- Respectfully submitted,

H. Burtch (0025815) Counsel of Record Rodger L. Eckelberry (0071207) Robert J. Tucker (0082205) Baker & Hostetler, LLP 65 East State Street, Suite 2100 Columbus, Ohio 43215 (614) 228-1541 (614) 462-2616 fax iburtch bbakerlaw.com reckelberryL bakerlaw.com rtucker@baker]aw.com

Attorneys for Relators New Models and Timot7ay Crawford MEMORANDUM IN SUPPORT OF MOTION OF RELATOR NEW MODELS FOR PROTECTIVE ORDER AND FOR SANCTIONS

1. INTRODUCTION

Ohio Secretary of State Jennifer Brunner ("Secretary Bntnner") seeks to do indirectly that which she cannot do directly. 'this Court has already granted an alternative writ staying the enforcement of subpoenas isstied by Secretary Brunner to investigate alleged violations of Ohio campaign finance statutes until this Court decides the issue of whether Secretary Brunner has the authority to issue such subpoenas. Despite the existence of the alternative writ, Secretary

Brunner has now issued a Notice of Deposition Duces Tecum under Civ.R. 30(B)(5) seeking discovery of the same or similar information as the subpoenas, and again attempting to force

New Models to appear for a deposition and produce documents related to alleged violations of

Ohio campaign finance statutes. Secretary Brunner's actions in directly violating and utterly

disregarding this Court's Order can only be seen as an attempt to harass New Models and further

her own political agenda. New Models seeks a protective order preventing Secretary Brunner

from taking its deposition and seeking the discovery in the Notice, and further, requests that New

Models be awarded its reasonable attorneys' fees and expenses in moving for this Order.

H. FACTUAL BACKGROUND

On or about February 18, 2010, Secretary Brunner's office served two subpoenas on

Relators New Models and Timothy Crawford seeking to require them to appear in Ohio on

March 5, 2010 to provide testimony and produce documents. The ptirpose of the subpoenas was

to investigate wtiether LetOhioVote.org or New Models have violated any of the provisions of

the Ohio campaign finance statutes. (Compl. at ¶ 7). On March 5, 2010, Relators New Models and '1'imothy Crawford filed a Complaint for Writ of Prolzibition, Memorandum in Support, and

Motion for Alternative Writ seeking a writ of prohibition from the Ohio Supreme coLttt

preventing Secretary Brunner from issuing and seeking enforeement of the subpoenas. The sole

basis for the Complaint is that Secretary Bmnner does not have the authority to issues these

subpoenas under Ohio law.

In their Complaint, Relators New Models and Timothy Crawford sought the following

relief, among others,:

Issue an Alternative Writ of Prohibition staying enforcement of the invalid subpoenas and staying the depositions and document production scheduled for March 5, 2010 until this Court renders a final decision on Relators' Complaint, and then issue a permanent Writ of Prohibition directing Respondent Secretary of State Jennifer Brunner to cease and desist from attempting to enforce the invalid subpoenas, from threatening criminal prosecution for noncompliance with the subpoenas, or from attempting to compel Relators to appear to testify at a deposition or to produce documents. (emphasis added).

(Compl, at Request for Relief § C). This Court granted the altemative writ on March 5, 2010

stating that "the issuance of this altemative writ stays the proceedings that relator seeks to

prohibit until there is a final determination by the Court." (3/5/2010 Order, copy attached as

Exhibit A).

On March 22, 2010, Secretary Brunner, through counsel, served a Notice of Deposition

Duces Tecum Pursuant to Ohio R. Civ. P. 30(B) ("Notice") on New Models. A true and

accurate copy of the Notice is attached as Exhibit B. The Notice states that Secretary Brunner

will take the deposition of New Models on Thursday, March 25, 2010, beginning at 1:00 p.m. at

the Office of the Ohio Attorney General. (Id.). It requires New Models to produce for deposition

a person who can testify as to "(1) New Models' organization status; and (2) New Models'

contributions to LetOhioVote.org, including any understanding or agreement between New

Modcls and LetOhioVote.org regarding providing funds to LetOhioVote.org." (Id.).

-2- The Notice further requires under Rule 30(B)(4) and Rule 34 that the deponent bring and produee the following:

I, Any correspondence or other document rcgarding LetOhioVote.org, including any docunient requesting donations to LetOhioVote.org or LetOhioVote.org's referendum petition efforts;

2. All New Models' organizational documents and any amendments thereto, including but not limited to, articles of incorporation and bylaws; and

3. A copy of each "Return of Organization Exempt from Income Tax" (Form 990) filcd by New Models with the tJnited States Department of the Treasury, Internal Revenue Service.

(Id.).

On March 24, 2010, counsel for Relators New Models and Timothy Crawford sent a

letter to counsel for Secretary Brunner explaining that the alternative writ granted by this Court

precludes them from taking New Models' deposition and seeking the information requested in

the Notice, and that such information is irrelevant to the sole legal issue in this matter of whether

the Secretary had the power to issue the subpoenas at issue, and requesting that the Notice be

withdrawn, (3/24/10 Itr from J. Burtch to R. Coglianese, attached as Exhibit C). Counsel for

Secretary Brunner responded stating that they "would not agree under any circumstance to

withdraw the notice of deposition." (3/24/10 email from R. Coglianese, attached as Exhibit D).

III. LAW AND ANALYSIS

S.Ct. Prac. R. 10.6 states that "[u]nless the orders otherwise, issuance of

an alternative writ in a prohibition case stays proceedings in the action sought to be prohibited

until final determination of the Supreme Court." (citing S'tate ex. rel. Hughes v. Brown (1972), 31

Ohio St.2d 41, 43, 285 N.E.2d 376, 377), 'fhis Court has already granted an alternative writ

staying Secretary Brunner's enforeement of subpoenas issued to, and depositions of, several

entities and individuals, ineluding New Models, to investigate alleged violations of campaign

-3- financc laws until this Court decides the issue of whether Secretary Bruimer has the authority to issue the subpoenas. Secretary Brunner is using Civ.R. 30(B) as a back door attempt to obtain the same or similar information she seeks tlirougli the subpoenas in violation of S.Ct. Prac. R.

10.6 and this Court's Order.

As Secretary Brunner admitted in her own press release, she issued the subpoenas in connection with an investigation into "the source of funding for LetOhioVote.org." (Compl. at

Ex. 2). Because of the alternative writ, Secretary Bninner knows she cannot take the deposition of New Models pursuant to subpoena until this Court determines whether she has the autliority to

issue such subpoenas. Instead, Secretary Brunner is now attempting to use Civ.R. 30(B) to force

a representative of New Models to appear at a deposition and testify, at least in part, on "New

Models' contributions to LetOhioVote.org." (Ex. B). Moreover, Secretary Brunner seeks to have

New Models produce at the deposition, among others, "[a]ny correspondence or other document

regarding LetOhioVote.org, including any document requesting donations to LetOhioVote.org or

LetOhioVote.org's referendum petition efforts." (Id.). As these requests demonstrate, Secretary

Brunner is again improperly seeking information in connection with an investigation of alleged

violations of Ohio campaign finance laws. Since this Court has already issued an alternative writ

staying the enforcement of the subpoenas, Secretary Brunner cannot now compel New Models to

appear and provide testimony and produce documents related to an alleged violation of Ohio

campaign finance laws through Civ.R. 30(B)(5).

Moreover, the information and documents Secretary Brunner seeks tiirough the

deposition and requests for production are irrelevant to the pure legal issue before this Court.

T'lie only issue before this Court is whether Secretary Bruimer has the authority to issue the

subpoenas she served upon each of the Relators in these consolidated cases. The inforniation requested by Secretary Brunner, including documents related to New Models contributions to

LetOhioVote.org, are entirely irrelevant in determining whetlier Secretary Bruimer had the authority to issue the subpoenas. Thus, the only reason Secretary Bntnner is seeking this discovery is in connection with her unauthorized investigation, not this action.I

Under S.Ct. Prac. R. 14.5, the Supreme Court on motion by a party can impose appropriate sanctions upon a person who signed the appeal or action, a represented party, or both, if it determines that the action is frivolous or prosecuted for delay, harassment, or other improper purpose. Secretary Brunner's blatant disregard for the alternative writ issued by this

Court demonstrates that her only purpose in issuing the Notice was to harass New Models and

further her own political agenda. Therefore, Secretary Brunner and her counsel should be

sanctioned for their improper and frivolous conduct and New Models awarded its attorneys' fees

and expenses in seeking this protective order.2

IV. CONCLUSION

For the foregoing reasons, Relator New Models respectfully requests this Court issue a

protective order precluding Secretary Brunner from taking the deposition of New Models on

March 25, 2010, seeking the discovery in the Notice, and seeking any discovery related to an

investigation of whether New Models or LetOhioVote.org violated the Ohio campaign finance

laws. Moreover, New Models requests its attorneys fees and expenses in seeking this Order.

Notwithstanding the above argutnents, the Notice also fails to pt-ovided reasonable notice of the deposition under Civ.R. 30(B). Due to the limited notiee provided, and not consenting that New Models has any obligation to ap pear for the deposition even with adequate notice, the individual who wotdd appear on behalf of New Models at the deposition is unavailable and not able to rearrange his schedule on 72 hours notice. 2 The fact that counsel for Secretary Brtinner sought an extension to file evidence in this case "due to concurrent deadlines and appearances in other cases" but still had tinie to issue this frivolous Notice in blatant violation of the Su preme Court's Order ^rantin g the alternative writ further demonstrates the disingenuous nature ot-their actions and furt^er evidences that sanctions are warranted.

-5- Respectfully submittect,

H. Burtcli (0025815) Counsel of Record Rodger L. Eckelberry (0071207) Robert J. Tucker (0082205) Baker & Hostetler, LLP 65 East State Street, Suite 2100 Columbus, Ohio 43215 (614) 228-1541 (614) 462-2616 fax jbi.irtch L bakerlaw.com [email protected] [email protected]

Attorneys,for Relators New Models atad Timothy Crawford CERTIFICATE OF SERVICE

The undersigned certifies that a copy of this Motion for Protective Order and For

Sanctions was served by regular and electronic mail this 24th day of March, 2010 upon the following:

RICHARD CORDRAY Brian J. Laliberte Ohio Attorney General Counsel of Record Richard N. Coglianese David F. Axelrod Counsel of Record Axelrod, LLC Pearl M. Chin 250 Civic Center Drive, Suite 500 Erick D. Gale Columbus, Ohio 43215 Assistant Attorneys General brianlal iberte^mc. com Constitutional Offices Section 30 East Broad Street, 16'h Floor Attorneys for Relcztor Nornzan B. Cummings Columbus, Ohio 43215 richard.coglianese(c^ohioattorney€ eneral.^ov pearl chin(n7ohioattorneygneral,go^^ e erick gale(^(a^ohioattorneygeneral.gov

Attorneys for Respondent Ohio Secretary of State Jennifer Brunner

David R. Langdon Thomas W. Kidd, Jr. Bradley M. Peppo LANGDON LAW LLC 11175 Reading Rd., Ste. 104 , Ohio 45241 [email protected] tkidd @langdonlaw.com lipeppo(clangtdonlaw.com

Attorneys for Relators LetOhioVote.org, I'homas E. 73rinkrnan, Jr., Gene Pierce, and C'ar•lo LoParo

Robe43%T11cker (0082205) . fF-, d L E ® -Q^4$ Qz)nVr.^^t kqjaurt .af w to . MAR 052010 CLERK OF COURT

State ex rel. New Models and Timothy Case No. 2010-0415 Crawford IN PROHIBITION V. ENTRY Jennifer Brunner; Ohio Secretary of State

This cause originated in this Court on the filing of a complaint for a writ of prohibition. Upon consideration thereof,

It is ordered by the Court, sua sponte, that an alternative writ is granted and the following b'riefing schedule is set for presentation of evidence and filing of briefs pursuant to S.Ct. Prac. R. 10.6:

The respondent shall file an answer to the complaint within 7 days of the date of this entry. The parties shall file any evidence they intend to present within 10 days of the date of this entry; relators shall file a brief within 5 days of the filing of the evidence; respondent shall file a brief within 10 days after the filing of relators' brief; and relators may file a reply brief within 5 days after filing of respondent's brief.

Pursuattt to S.Ct. Prac. R. 10.6, the issuance of is alternative writ stays the proceedings that relator seeks to prohibit until there ^final det$wA^nation by the Court. YHN^^NAL

IN THE SUPREME COURT OF OHIO STATL EX REL,. LETOHIOVOTE.ORG, et. al, Relators, Case Number 2010-0367

V. Original Action in Prohibition JENNIFER BRUNNER, OHIO SECRETARY OF STATF,

Respondent,

S1'ATE EX REL. NEW MODELS, et. al,

Relators, Case Numlie^r 2010-0415 /

V. Original Action in Prohibition JENNIFER BRUNNER, OI-IIO SECRETARY OF STATE,

Respondent,

STATE FX REL. NORMAN B. CUMMINGS, et. al,

Relators, Case Number 2010-0421

V. Original Action in Prohibition JENNIFER BRUNNER, OHIO SECRETARY OF STATE,

Respondent,

NOTICE OF DEPOSITION DUCES TECUM PU 01-II0 R. CIV. P. 30(B) "'^^F'1 ^ CLERK OF t",t^^0 Richard Cordray (0038034) David R. Langdon (0067046) Ohio Attorney General *Counsel of Record 'Chomas W. Kidd, Jr. (0066359) Ricliard N. Coglianese (0066830) Bradley M. Peppo (0083 847) Langdon Law, LLC *Counsel of Record 11175 Reading Road, Suite 104 Erick D. Gale (0075723) Pearl M. Chin (0078810) Cincinnati, Ohio 45241 Assistant Attorneys General (513) 577-7380 (513) 577-7383 - fax Constitutional Offices Section [email protected] 30 East Broad Street, 16th Floor [email protected] Columbus, Ohio 43215 [email protected] (614) 466-2872 (614) 728-7592 - fax richard.cogli•[email protected] Attorneysfor Relators LetOhiol/ote.org, 7homas [email protected] E. Brinkman, .fr., Gene Pierce, and Carlo [email protected] LoParo Attorneys for Respondent Jolm H. Burtch (0025815) Ohio Secretary of State Jennifer 13runner *Counsel ofTtecard Rodger L. Eckelberry (0071207) RobertJ. Tucker (0082205) Baker & I-lostetler, LLP 65 East State Street, Suite 2100 Columbus, Ohio 43215 (614) 228-1541 (614) 462-2616 - fax [email protected] [email protected] [email protected]

Attorneys for Relators New Models and Timothy Crawford

Brian J. Laliberte (0071125) *Counsel of Record David F. Axelrod (0024023) Axelrod, LLC 250 Civic Center Dr., Suite 500 Columbus, Ohio 43215 (614) 222-2032 (614) 222-2033 - fax [email protected]

Attorneysfrrr Relator Norman B. Cummings NOTICE OF DEPOSITION DUCES TECUM PURSUANT TO OHIO R. CIV. P. 30(13)

Now comes Respondent Jennifer Brunner, Ohio Secretary of State ("Respondent") and gives notice pursuant to Ohio R. Civ. P. 30(B)(5) to the Court and all parties that she will take the deposition of New Models on Thursday, March 25, 2010, beginning at 1:00 p.m. at the office of the Ohio Attorney General, 30 East Broad St., Coluinbus, Ohio 43215 and continuing day to day until completed.

This Notice names as the deponent New Models, a not-for-profit corpora6on. tJnder

Rule 30(B)(5), New Models is required to identify and produce for deposition one or more of its proper eniployees, officer, agents, or other persons duly authorized to testify on its behalf and are the persons most knowledgeable as to the following matters:

I. New Models' organizational status; and

2. New Models' contributions to I.etOhioVote.org, including any uuderstanding or

agreement between New Models and LetOhioVotc.org regarding providing funds

to LetOhioVote.org.

Pursuant to Rule 30(B)(4) and Rule 34, the deponent is requested to bring and produce at

the deposition the following documents:

l. Any correspondence or other document regarding LetOhioVote.org,

including any document requesting donations to LetOhioVote.org or

LetOhioVote.org's referendum petition efJ'orts;

2. All New Models' organizational documents and any amendments thereto,

including but not limited to, articles of incorporation and bylaws; and 3. A copy of each "Retum of Organization Exempt from Income Tax" (Porm

990) filed by New Models with the tJnited States Department of the

Treasury, Internal Revenue Service.

Respectfully sitibmitted,

RICHARD CORDRAY Ohio Attorney General

chard N. Coglianese (0066830) *Counsel of Record Frick D. Gale (0075723) Pearl M. Chin (0078810) Assistant Attorneys General Constitutional Offices Section 30 East Broad Street, 16th Floor Columbus, Ohio 43215 (614) 466-2872 - telephone (614) 728-7592 - fax [email protected] [email protected] [email protected]

Attorneys for Respondent Ohio Secretary of State Jennifer Brunner CERTIFTCATE OF SERVICE was sent I hereby certil'y that a copy of the foregoing Notice of 'IJeposition Duces Tecum counsel: by U.S. mail and electronic mail oxi March 22, 2010 to the following

David R. Langdon Jolm H. Burtch Thomas W. Kidd, Jr. Rodger L. Eckelberry Bradley M. Peppo Robert J. Tucker Langdon Law, LLC Baker & Hostetler, LLP 11175 Reading R., Suite 104 65 East State Street, Suite 2100 Cincinnati, Ohio 45241 Columbus, Ohio 43215

[email protected] [email protected] [email protected] [email protected] [email protected] [email protected]

Attorneys for Relator LetOhioYote.org ,4ttorneys for Relators New Models and Tirnothy Crawford

Brian J. Laliberte Axelrod, LLC 250 Civic Center Dr., Suite 500 Cohunbus, Ohio 43215

[email protected]

dttorneys for Relator Norman B. Cummings

Richard N. Coglianese Assistant Attorney General Baker ostetler

Baker&Fiostetler up C;apitol Square. Suite 2100 65 East State Street Cotumbus. OH 4.3215-4260

T 614.228.1541 F 614 462.2616 March 24, 2010 www.bakeriaw.com

John H. Burtch direct dial: 614.462.2644 VIA REGULAR AND ELECTRONIC MAIL JBurtch®bakerlaw.oom

Richard N. Coglianese Office of the Ohio Attorney General Constitutional Offices Section 30 East Broad Street, 16th Floor Columbus, Ohio 43215

Re: State ex. rel. New Models v. Jennifer Brunner, Ohio Secretary of State, S.Ct. Case No. 2010-0415

Dear Mr. Coglianese:

New Models, by and through its counsel, hereby objects to the Notice of Deposition Duces Tecum Pursuant to Ohio R. Civ. P. 30(B) ("Notice") you served on March 22, 2010, requiring New Models to appear for a deposition and produce documents on March 25, 2010. The alternative writ granted by the Ohio Supreme Court on March 5, 2010 in the above captioned case precludes you from obtaining the discovery sought in the Notice. The alternative writ prohibits Secretary Brunner from enforcing subpoenas issued to New Models and Timothy Crawford and from taking their depositions in seeking to investigate whether LetOhioVote.org or New Models have violated various provisions of the Ohio campaign finance statutes until the Supreme Court determines whether Secretary Brunner has the authority to issues such subpoenas. The information requested in the Notice again seeks the same or similar information as the subpoenas and relates to Secretary Brunner's attempt to investigate alleged violations of Ohio campaign finance laws. The Notice is thus in direct violation of the Supreme Court's Order granting the alternative writ.

Moreover, the information sought in the Notice is entirely irrelevant to the sole legal issue in this case of whether Secretary Brunner has the authority to issue the subpoenas to New Models and Mr. Crawford. Any inquiry into the topics listed in Notice, or information in the documents you request, is not relevant to the issues before the Supreme Court, and will not aid Secretary Brunner in briefing the issues.

Finally, the Notice does not provide reasonable notice of the deposition as required under Civ.R. 30(6). The individual who would represent New Models at the deposition will be unavailable over the next several days due to his travel schedule and other commitments. Less than 72 hours notice is per se unreasonable and particularly

Los AnpeleH Plew YCrk Onar.^o 4Vasc:ng:on,DC ryvcaqo ..^,r.r.nG ClNVCi^r7 ^clun.bus ^^-+staMes^ Drn+er Hcc,.Siun Richard N. Coglianese March 24, 2010 Page 2

unreasonable when the alternative writ was issued over 17 days prior to the Notice and this is the first request for discovery_ For these reasons, we request that you withdraw the Notice, otherwise, we will take appropriate action to protect our clients interests including filing a motion for protective order and seeking our attorneys' fees and expenses in moving for such an order based upon the frivolous nature of the Notice. If you would like to discuss this matter further, please do not hesitate to contact me.

Sincerely,

John H. Burtch

Cc: Erick D. Gale (via electronic mail) Pearl M. Chin (via electronic mail) David R. Langdon (via electronic mail) Brian J. Laliberte (via electronic mail) Tucker, Robert J.

From: Richard N. Coglianese [[email protected]] Sent: Wednesday, March 24, 2010 2:58 PM To: Tucker, Robert J.; Pearl Chin; Erick Gale; David R. Langdon; Brian Laliberte Cc: Burtch, John; 'David F. F. Axelrod' Subject: RE: State ex. rel. New Models v. Jennifer Brunner, Ohio Secretary of State

Mr. Tucker,

The alternative writ in this case prohibits the Secretary of State from enforcing her administrative subpoenas. Your client has availed itself to the Ohio Court system and has subjected itself to deposition in a case that it has brought. As you can see from the subpoena, we are asking for information concerning your client's corporate status and its capacity to even bring this suit. That is something that goes to the very heart of the case and is something that was raised specifically in our answer.

Since this case has been put on an expedited track, we are required to ask for depositions with little notice. I find it ironic that you complain that we gave your client 72 hours notice for a deposition yet you object to the deposition only 6 working hours before it is scheduled to begin. Although I am always happy to attempt to talk with opposing counsel in order to resolve discovery issues, I simply will not agree under any circumstance to withdraw the notice of deposition. If the time is inconvenient for your client, I will be happy to work with you in order to schedule a more convenient time.

Sincerely,

Rich Coglianese

From: Tucker, Robert J. [mailto:[email protected]] Sent: Wednesday, March 24, 2010 2:39 PM To: Richard N. Coglianese; Pearl Chin; Erick Gale; David R. Langdon; Brian Laliberte Cc: Burtch, John; 'David F. F. Axelrod' Subject: State ex. rel. New Models v. Jennifer Brunner, Ohio Secretary of State

Counsel,

Please see the attached correspondence. Let us know if you would like to have a telephone conference on this around 3-3:30pm this afternoon.

Regards,

Rob Tucker

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3/24/2010