MER-L-001007-19 07/19/2019 1:00:58 PM Pg 1 of 24 Trans ID: LCV20191258709

Bnowx & CoNnnRY, LLP ATToRNEYS AT LAW :i;o uaoooN AveNue WESTMONT, 08108 (856) 8s4-8900 FAX (8s6) 858-4967 William M. Tambussi, Esq. Certified by the Supreme Court ofNew Jersey as a Civil Trial Attomey wtambuss i@brownconnery. com Direct Dial: (856) 858-8 175

July 19,2019

VIA eCOURTS Honorable Mary C. Jacobson, A.J.S.C. Superior Court of New Jersey Mercer County Criminal Courthouse 400 S. Warren Street, 4th Floor Trenton, NJ 08650 Re: George E. Norcross, et al. v. Philip D. Murphy, et al. Docket No. MER-L-001 007-l 9 Dear Judge Jacobson:

We write, on behalf of Plaintiffs, in response to Defendants' request for a telephonic case management conference. Plaintiffs do not believe that a telephonic case management conference is necessary to address the issues raised in Defendants' July 19, 2019 correspondence. The context is as follows. On July 12 and 15,2019, it was reported in the media that certain members of Governor Philip Murphy's staff were engaged in weekly telephone conferences with certain outside political advisors. The role of the outside political advisors came into focus in a July 10,2019 media report that an outside political advisor to Govemor Murphy wrote "No pain, no gain" in reference to Govemor Murphy's decision to freeze budgetary funding to Cooper Health Care. On July 15, 2019 and thereafter, it was reported that discussions about the NJEDA, one of the issues before the Court, were had in the weekly telephone calls referred to as "Inside/Outside Calls." The new reports are attached for the Court's reference. As a consequence of this reporting, Litigation Hold Notices on behalf of Plaintiffs were sent to all individuals identified in the media reports as having participated in the Inside/Outside Calls. Those Litigation Hold Notices called for the preservation of all information related to the NJEDA and the subjects of the litigation presently before the Court in the possession of those individuals participating in the Inside/Outside Calls. In addition, subpoenas returnable August 19,2019 calling for the production of the same information were served on those individuals participating in the InsideiOutside Calls. None of the individuals served with Litigation Hold

7694871 MER-L-001007-19 07/19/2019 1:00:58 PM Pg 2 of 24 Trans ID: LCV20191258709

Bnowx & CorwnRY, LLP

July 19,2019 Page2

Notices or subpoenas are parties to the litigation before the Court or have been identified as individuals represented by counsel for the Defendants in the litigation before the Court. The Litigation Hold Notices are not impacted by the Court's Order regarding discovery and compliance with subpoenas. The t,itigation Hold Notices simply require the preservation of evidence. The subpoenas are not retumable until after the July 3I,2019 retum date of the motions pending before the Court. It is respectfully submitted that Plaintiffs' efforts to preserve what will be relevant evidence of the political underpinnings of the Task Force's investigation does violate the Court's Order regarding discovery and that compliance with the subpoenas can be addressed on July 31,2019. Thank you for your consideration of this submission.

Respectfully submitted,

BROWN & CONNERY, LLP

M.

WMTimmd cc: All Counsel of Record

7694871 MER-L-001007-19 07/19/2019 1:00:58 PM Pg 3 of 24 Trans ID: LCV20191258709 7 t16t2019 ln e-mail, Murphy advisor implies political retaliation in hospital budget cuts - New Jersey Globe

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Home > Feature Right > ln E-Mail, Murphy Advisor lmplies Political Retaliation ln Hospital Budget Cuts

Democratic political consultant Steve DeMicco

https://newjerseyglobe.com/governor/in-e-mail-murphy-advisor-implies-political-retaliation-in-hospital-budget-cutsi 1t7 MER-L-001007-19 07/19/2019 1:00:58 PM Pg 4 of 24 Trans ID: LCV20191258709 711612019 ln e-mail, Murphy advisor implies political retaliation in hospital budget cuts - New Jersey Globe

".tij budget= cuts "No pain, no gain," says DeMicco in response ta press release criticizing Cooper funding freeze By David Wildstein, July 1O 2019 2:50 pm

A four-word e-mail from Gov, Phil Murphy's political consultant to George Norcross'spokesman gives legitimacy to claims that a $l million budget cut to Cooper Health Care was an act of political retribution

"No pain, no gain," wrote Steve DeMicco, who also runs the Murphy-tied New Direction New Jersey dark monev group, in an e-mail to Daniel Fee, who works for Norcross.

DeMicco's comments could be interpreted as a move by Murphy to punish Norcross and other South Jersey Democrats as the governor fights a bitter intra-party war.

Fee had sent out a press release on July 3 responding to Murphy's line item veto of money for Cooper and his announcementthat he had frozen $Zl,t* million in funds earmarked forthe hospital system,

DeMicco's response a little more than 2'/,haurs after the release was sent by Fee, whose e-mail address him as affiliated with Connor Strong, the insurance company Norcross runs.

On Monday, Senate President Steve Sweeney said that he viewed Murphy's decision to cut or freeze some budget items as politically motivated,

"lt is obvious that services and programs associated with those who have legitimate disagreements with Vou were targeted," Sweeney said. "The facts and financial figures tell the truth. The fact that you instituted a freeze was overtly political to begin withi'

The Cooper release criticized Murphy for freezing $t s.l* million in funding for cancer patients - funding that the governor had proposed that funding in his own budget.

"What changedl' Cooper asked, noting that Murphy did not freeze $:O million in funding for North lersey cancer programs.

The press release also alleged that Murphy targeted $t Z million that was supposed to go to Cooper Medical School of . According to Cooper, Murphy said "there's not {a) better medical school I the state that fooperJ'

DeMicco did not immediately respond to a 1:45 PM call seeking comment,

https://newjerseyglobe.com/governor/in-e-mail-murphy-advisor-implies-political-retaliation-in-hospital-budget-cuts/ 217 MER-L-001007-19 07/19/2019 1:00:58 PM Pg 5 of 24 Trans ID: LCV20191258709 7 t16t2019 ln e-mail, Murphy advisor implies political retaliation in hospital budget cuts - New Jersey Globe

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"Steve DeMicco is an outside political consultant to the Governor and to manv other clients, He played no role in the drafting or implementation of Executive Order 73," Dan Bryan, a senior advisor to the governor, told the New Jersey Globe. "The Governor's budget actions were driven by his fiduciary responsibility to the people of New Jersey, not politicsJ'

This story was updated at 3:39 PM with comment from Murphy's office.

From: ,*" ,L nesday, July To: Daniel F. Fee Subject: Re: cooper university Health care's statement in Response to Governor Murphy's Freezing $15.4 million for life-saving treatment for patients suffering with cancer in so uth Jersey

* No pain. no gain * Sent from my iPhone

on Jul 3, 2019, at 3:53 PM, Daniel F. Fee wrote:

For lmmediate Release July 3,2019

https://newjerseyglobe.com/governor/in-e-mail-murphy-advisor-implies-political-retaliation-in-hospital-budget-cuts/ 3t7 MER-L-001007-19 07/19/2019 1:00:58 PM Pg 6 of 24 Trans ID: LCV20191258709 7 t16t2019 ln e-mail, Murphy advisor implies political retaliation in hospital budget cuts - New Jersey Globe

#*. rrsirlrlrlt.rs ]1, \rarTt;t Ilt l rulllt l,l!y D Freezing $15.4 million for life-saving treatment for patients suffering with cancer in South Jersey

Governor Murphy has cut 55 million and frozen 5zl.+ million in the state budget dedicated to cooper university Health care and cooper Medical

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717 MER-L-001007-19 07/19/2019 1:00:58 PM Pg 10 of 24 Trans ID: LCV20191258709 7 t16t2019 Phil Murphy's lnside/Outside Call - New Jersey Globe

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Home > Feature Right > Phil Murphy's Inside/Outside Call

Gov, Phil Murphy. Photo by Kevin Sanders for the New.lersey Globe. Phil Murphy's Inside/Outside Call Governor's staff has regular call with outside consultants nearlv everv Friday By David Wildstein, July 12 2019 12:05 am

https://newjerseyglobe.com/governor/phil-murphys-inside-outside-call/ 1t6 MER-L-001007-19 07/19/2019 1:00:58 PM Pg 11 of 24 Trans ID: LCV20191258709 711612019 Phil Murphy's lnside/Outside Call - New Jersey Globe

Most Fridays, top members of Gov, Phil Murphy's staff participate in a conference call with some of the governor's outside political consultants.

It's called the "lnsidelOutside Calll'

At least eleven Murphy aides are on the inside part of the call: Chief of Staff George Helmy; Deputy Chiefs of Staff Joe Kelley, Justin Biaz, Greg Peizold; and Deborah C6rnavaca; Senior Advisor Dan Bryan; Communications Director Mahen Gunbratna; Chief Policy Advisor Kathleen Fiangione; Press Secretary Alyana Alfaro Post; Senior Advisor Derrick Greene; and Stephanie Lagos, the First Lady's Chief of Staff.

From the outside, there are at least five: Steve DeMicco and Brad Lawrence of Message & Media; Brendan Gill, Murphy's former campaign manager; and Adam Alonso, the governor's former Deputy Chief of Staff; and jim McQueeeny, a lobbyist and former top aide to Frank Lautenberg, Prior to her departure earlier this month, Democratic State Committee Executive Director Liz Gilbert was also on the call,

"l refused to participate in these calls. They are basically the outside consultants telling the inside Governor's office what they are doing wrong. Of course they have never governed and think its easy, They may give the worst advice I have ever heard," Peter Cammarano, Murphy's first chief of stafl told the New .lersey Globe, "My lack of participation or willingness to listen to them caused them to turn sour on me pretty earlyl'

It's not immediately clear how much government information is shared with the consultants, since no minutes are kept of the lnside/0utside calls.

The role of Murphy's outside advisors came into play this week, after the New Jersey Globe obtained an e- mail from DeMicco sent to a spokesman for Democratic powerbroker George Norcross about the governor's decision to cut $S million earmarked to Cooper Health Care from the state budget.

"No pain, no gain," DeMicco wrote in what s might be interpreted as a validation of Senate President 5teve Sweeney's allegation that the Copper cuts - Norcross chairs the hospital board - were an act of political retaliation.

The line between Message & Media and state government is a bit murky

Sources say that Lawrence was actively involved in writing Murphy's 2019 State of the State address, A big part of that speech was dedicated to the governor's attack on tax incentives approved by the embattled Economic Development Authority during the administration of Gov" f hris Christie,

DeMicco and Lawrence's firm also runs New Direction New.lersey, a Murphy-allied dark monev group that advocates on behalf of the governor's agenda,

Murphy often holds his political meetings at the DeMicco/Lawrence offices in New Brunswick https://newjerseyglobe. com/governor/phil-murphys-inside-outside-call/ 2t6 MER-L-001007-19 07/19/2019 1:00:58 PM Pg 12 of 24 Trans ID: LCV20191258709 711612019 Phil Murphy's lnside/Outside Call - New Jersey Globe He isn't the first governor to have meetings with easy-to*understand code names.

Christie held Red/Green meetings before anv gubernatorial appointments would be made,

Staff would arrive at the meeting with binders full of resumes and would go appointment-by- appointment with Christie, famously a micromanager who demanded that even the smallest detail be approved by him.

Christie would sit at the head of the conference table, usuallV with a Diet Coke and a bag of pretzels, and literally give the green light igo) or a red light (stop) on each individual appointment,

This story was updated at B:41 AM.

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r) Tagged Adam Alonso, Alyana Alfaro, Brad Lawrence, Brendan Gill, , Dan Bryan, Deborah Cornavaca, Derrick Greene,

Elizabeth Gilbert, George Helmy, Greg Petzold, Jim McQueeny, Joe Kelley, Justin Braz, Kathleen Frangione, Mahen Gunaratna, Phil

Murphy, Stephanie Lagos, Steve DeMicco

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Home > Feature Right > Murphy's lnside/Outside Calls Discussed EDA

Gov. Phil Murphy, Kevin Sanders for New.lersey Globe Murphy's lnside/Outside calls discussed EDA Chief Counsel was on calls By David Wildstein, July 15 2Q19 10:26 am

https://newjerseyglobe.com/governor/murphys-inside-outside-calls-discussed-eda-probe/ 1t6 MER-L-001007-19 07/19/2019 1:00:58 PM Pg 17 of 24 Trans ID: LCV20191258709 711612019 Murphy's lnside/Outside calls discussed EDA - New Jersey Globe

. The Murphy administration's war on tax incentives and Democratic powerbroker George Norcross was a frequent topic on their lnside/Outside calls, a conference call held on most Fridays between senior members of the governor's staff and their outside consulting team.

The New Jersey Globe has learned that Chief Counsel Matt Platkin was also occasionally on those calls Platkin was involved in the creation and litigation surrounding the Governor's Task Force on EDA Tax lncentives.

According to a source deeply familiar with the workings of the weekly call, the outside consultants - all of whom have other clients with an interest in state government - were frequently told about other pending actions by Gov, Phil Murphy prior to the public having access to the same information not related to the task force.

At leasi one Murphy staffer intensely disliked the Friday calls, which one participant described as a bunch of outsiders berating them for doing a bad job. The consultants viewed themselves at the top of the food chain, the staffer said,

That Murphy staffer said discussions about the EDA "loomed large on a lot of those callsj'

The governor's office pushed back on the idea that the EDA probe was part of the discussion

"This is a complete fabrication," said Dan Bryan, a spokesman for Murphy.

Another source told the Globe that discussions about the EDA were centered on messaging.

Multiple sources said that the only conversation they heard where Platkin discussed the EDA was to advise all parties to have no communications regariding the task force.

Peter Cammarano, who served as Murphy's fhief of Staff from 20'18 to 20'19, told the New Jersey Globe on Friday that he refused to participate on those calls,

While Cammarano was chief of staff, Steve DeMicco, Murphy's political consultant, ran the lnside/0utside calls.

Now George Helmy, who became thief of Staff to the governor earlier this year, opens the call

The task force Murphy appointed by Murphy issued a earthshaking report last month finding that the tDA gave out billions in tax incentives during the administration of Gov. Chris Christie to recipients with political connections.

Platkin is the twelfth top Murphy staffer to be identified as participating on the calls,

https://newjerseyglobe.com/governor/murphys-inside-outside-calls-d iscussed-eda-probe/ 2t6 MER-L-001007-19 07/19/2019 1:00:58 PM Pg 18 of 24 Trans ID: LCV20191258709 711612019 Murphy's lnside/Outside calls discussed EDA - New Jersey Globe

The Globe reported last week that Helmy, Joe Kelley, Justin Braz, Greg Petzold, Deborah fornavaca, Dan Bryan, Mahen Gunaratna, Kathleen Frangione, Alyana Alfaro Post, Derrick Greene and Stephanie Lagos were also lnside/Outside call participants.

Outside consultants on the all included: Steve DeMicco, Brad Lawrence, Brendan Gill, Adam Alonso and Jim McQueeny,

This story was updated at 1 7:i8 AM

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l) Tagged Adam Alonso, Alyana Alfaro Post, Brendan Gill, Dan Bryan, Deborah Cornavaca, Derrick Greene, George Helmy, George

Norcross, Greg Petzold, Jim McQueeny, Joe Kelley, Justin Braz, Kathleen Frangione, Mahan Gunaratna, Matt Platkin, Phil Murphy,

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7 t19t2019 Murphy's office holds strategy sessions with outside advisers. Governor says that's OK. - nj.com com :,.L. rlili:li;1i ). :1 True ..11 )., tltjt: ::1 Jersey :;, i.t: ,,,t tt it;t

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Murphy's office holds strategy sessions with outside advisers. Governor says that's OK.

Updated JLrl 16, 2019; Posted Jul 16. 2019

Aristide Economopoulos I NJ Advance Media

Gov. Phil Murphy is shown before a news conference in Trenton earlier this year.

I i:{'; 34L \ shares

By Brent Johnson I NJ Advance Media for NJ.com MER-L-001007-19 07/19/2019 1:00:58 PM Pg 23 of 24 Trans ID: LCV20191258709 711912019 Murphy's office holds strategy sessions with outside advisers. Governor says that's OK. - nj.com Gov. Phil Murphy on Tuesday defended conference calls his administration holds with outside advisers, insisting that only state government officials make state government decisions.

The sessions are known as "inside,/outside calls." On the Iine are administration officials whose salaries are funded by taxpayers, such as Murphy's chief of staff, deputy chiefs of staff, and his top press aides.

Also on the call are non-government advisers, including Murphy's former campaign manager and others who help run New Direction New Jersey, a nonprofit that promotes the governor's agenda.

The calls came to light late last week in a story published by political news website NJ Globe.

Murphy on Tuesday said he has taken part in the calls that he described as "broad strategy sessions."

He said he doesn't believe the sessions should be stopped

"Absolutely not," the Democratic governor said during a press conference in Berkeley Heights. "This is a very typical thing, not just for New Jersey. We solicit advice from folks both inside and outside government all the time."

"The important point is: Government decisions are made by those in government. Period," Murphy added. "And there's no exception to that."

Murphy just made N.J.'s gun laws even tougher MER-L-001007-19 07/19/2019 1:00:58 PM Pg 24 of 24 Trans ID: LCV20191258709

7 t19t2019 Murphy's office holds strategy sessions with outside advisers. Governor says that's OK. - nj.com

Murphy's former chief of staff, Peter Cammarano, told NJ Globe that he refused to participate in the calls.

"They are basically the outside consultants telling the inside governor's office what they are doing wrong," Cammarano told the website. "Of course they have never governed and think it's easy. They may give the worst advice I have ever heard."

Cammarano declined further comment to NJ Advance Media

Murphy is a former Wall Street executive, political fundraiser, and U.S. ambassador to Germany who had never held elected office before until he was elected to succeed Gov Chris Christie is2OI7.

He has faced criticism for not be adept at navigating the tricky political waters of Trenton and for not forging close relationships with lawmakers.

Murphy has also been criticized for his relationship with New Direction, a nonprofit run by people close to the governor who have refused to disclose their donors despite calls from both Murphy and top lawmakers to do so.

Brendan Gill, Murphy's former campaign manager who co-founded New Direction and participates in the conference calls, declined comment to NJ Advance Media.

Brent Johnson may be reached at [email protected]. Follow him on Twitter @johnsbOl