,oevoii FileNo. STATE OF NORTH CAROLINA r"'~." 'lt rk 0 riLL In The General Court Of Justice WAKE County o District Gë Superior Court Division Name And Address Of Plaintiff 1 )PM f l I.. 'i. 41. if WNCN, WNCT, Winston-Salem Journal et al GENERAL Post Offce Box 911 VIK A \K tAlL;E-' r 'd '\ Tl. ". ,CCIVILc S ACTION COVER SHEET Raleiiih, NC 27602 Gë INITIAL FILING 0 SUBSEQUENT FILING Name And Address Of Plaintiff 2 Rille 5(b), Rules of Practice For Superior and District Courts Name And Address. Of Attorney Or Party, If Not Represented (complete for initial appearance or change of address) Hugh Stevens, Amanda Marin and Michael Tadvch Everett Gaskins Hancock & Stevens LLP VERSUS Post Offce Box 911 Name Of Defendant 1 Raleigh. North Carolina 27602 Department of Crime Control and Public Safety, an aiiency of the Telephone No. Cell Telephone No. 919-810-6246 State of North Carolina NC Attorney Bar No. Attorney E-Mail Address 4158 hugh~eghs.com Summons Submitted Yes 0 No Gë Initial Appearance in Case D Change of Address Name Of Defendant 2 Name Of Firm Division of State Highway Patrol, a principal subunit of an Everett Gaskins Hancock & Stevens LLP agency of the State of North Carolina FAX No. 919-755-0009 Counsel for Summons Submited Gë All Plaintiffs D All Defendants D Only (List party(ies) represented) Yes 0 No o Jury Demanded In Pleading D Amount in controversy does not exceed $15,000 o Complex Litigation D Sti ulate to arbitration TYPE OF PLEADING CLAIMS FOR RELIEF FOR: (check all that apply) (check all that apply) o Amended Answer/Reply (AMND-Response) D Administrative Appeal (ADMA) o Amended Complaint (AMND) D Appointment of Receiver (APRC) o Answer/Reply (ANSW-Response) D AttachmenUGarnishment (ATTC) D Claim and Delivery (ClMD) Gë Complaint (COMP) D Collection on Account (ACCl") o Confession of Judgment (CNFJ) D Condemnation (CNDM) o Counterclaim vs. (CTCl) D Contract (CNTR) o All Plaintiffs 0 Only (List on back) D Discovery Scheduling Order (DSCH) o Crossclaim vs. (List on back) (CRSS) D Injunction (INJU) o Extend Statute of Limitations, Rule 9 (ESOl) D Medical Malpractice (MDMl) o Extend Time For Answer (MEOT-Response) D Minor Settlement (MSTl) o Extend Time For Complaint (EXCO) D Money Owed (MNYO) o Rule 12 Motion In Lieu Of Answer (MDlA) D Negligence - Motor Vehicle (MVNG) o Third Part Complaint (List Third Party Defendants on Back) (TPCl) o Negligence - Other (NEGO) o Other: (specify) o Motor Vehicle Lien G.S. 44A (MVlN) D Limited Driving Privilege - Out-of-State Convictions (PLDP) D Possession of Personal Propert (POPP) D Product Liabilty (PROD) D Real Propert (RlPR) D Specific Performance (SPPR) Gë Other: (specify) NOTE: Small claims are exempt from cover sheets. Public Records Date Sigt!e Of ttorneylPart the fiing in a format prescribed by the NOTE: The initial filing in civil actions shall include as the firstthe page filing of a cover sheet summarizing the critical elements of Administrative Offce of the Courts, and the Clerk of Superior Court shall require a party to refie a fiing which does not include the required cover sheet. For subsequent fiings in civil actions, the fiing party must either include a cover sheet or the fiing must comply with G.S. 7A-34.1. AOC-eV-751, Rev. 12/06, (e 2006 Administrative Offce of the Court (Over) I 0 C V 0 ! I 6 2 .1 NORTH CAROLINA IN THE GENE~lLe~T OF JUSTICE WAKE COUNTY SUPER~~q~UEU DJy.SI,qN FILE NCÝ. 1U'eS;"~ lIÏ 4- 44 WAKLC. .. JVi~prj ¡¡-iT i ,\f.' lJ_ ,. S. C.. WNCN, WNCT, Winston-Salem Journal, ) Independent Tribune, The News Herald, ) BY------ The Hickory Daily Record, Statesvile ) -- Record & Landmark, Mooresvile Tribune, ) The McDowell News, Time Warner ) Entertainment-Advance/Newhouse ) Partnership d/b/a News 14 Carolina, ) Paxton Media Group, LLC d/b/a The Daily ) Dispatch, the News and Observer ) Publishing Company d/b/a The News & ) Observer, the Charlotte Observer ) Publishing Company d/b/a the Charlotte ) Observer, Sandy Semans, Capitol ) Broadcasting Company, Incorporated d/b/a ) WRAL- TV, the John Locke Foundation, ) Inc. d/b/a Carolina Journal, and WTVD, ) Television LLC (WTVD-TV), ) ) Plaintiffs, ) ) vs. ) COMPLAINT ) DEPARTMENT OF CRIME CONTROL ) AND PUBLIC SAFETY, an agency of the ) State of North Carolina, DIVISION OF ) STATE HIGHWAY PATROL, a principal ) subunit of an agency of the State of North ) Carolina, and REUBEN YOUNG, in his ) offcial capacity as Secretary of the ) Department of Crime Control and Public ) Safety, ) ) Defendants. ) Pursuant to Rules 3, 7 and 8 of the North Carolina Rules of Civil Procedure the plaintiffs, complaining of the defendants, allege and say: Introduction This is an action pursuant to the North Carolina Public Records Law, Chapter 132 of the General Statutes. As described more specifically in the numbered allegations set out below, the plaintiffs seek: t00116317.DOC;Ver 1¡ (1) an order compellng the defendants to permit the inspection and copying of public records pursuant to N. C. Gen. Stat. § 132-9(a); (2) an order in the nature of a writ of mandamus requiring the defendants and all persons acting at the direction of or in concert with defendants to comply with the Public Records Law including, but not limited to, N.C. Gen. Stat. § 132-6(a); and (3) an order awarding the plaintiffs their reasonable attorney fees pursuant to N.C. Gen. Stat. § 132-9(c)(1). The Plaintiffs 1. Media General Operations, Inc. is a Delaware corporation whose principal place of business is located in Richmond, Virginia. Media General is a diversified communications company which, among other things, publishes Winston-Salem Journal, Independent Tribune, The News Herald, the Hickory Daily Record, Statesvile Record & Landmark, Mooresvile Tribune, The McDowell News, and owns and operates WNCN-TV and WNCT-TV. Media General also disseminates its news coverage online at ww.journalnow.com and http://nbc17.mync.com/site/nbc17. 2. "News 14 Carolina" is an assumed name of Time Warner Entertainment- Advance/Newhouse Partnership ("TWEAN"), a New York general partnership with principal place of business in New York, NY. TWEAN is an indirect subsidiary of Time Warner Cable Inc. and part of a group of entities doing business as Time Warner Cable-the second largest cable operator in the U.S., with technologically advanced, well-clustered systems located mainly in five geographic areas-New York State (including New York City), the Carolinas, Ohio, southern California (including Los Angeles) and Texas. Time Warner Cable serves approximately 14 million customers who subscribe to one or more of its video, high speed data and voice services. TWEAN is the legal entity that provided local programming services under the name of "News 14 Carolina" in its Charlotte, Greensboro, Raleigh and Wilmington, N.C. 2 service areas. "News 14 Carolina" also disseminates its news coverage online at ww.news14.com. 3. Paxton Media Group, LLC is a Kentucky corporation that maintains its principal place of business in Paducah, Kentucky. Among other things, the company publishes The Daily Dispatch, a general interest newspaper that is published in Henderson, Vance County and distributed throughout Vance, Granville, and Warren counties. The Daily Dispatch also publishes an online edition at ww.hendersondispatch.com. 4. The News and Observer Publishing Company is a North Carolina corporation that maintains its principal place of business in Raleigh, Wake County, North Carolina. Among other things, the company publishes The News & Observer, a general interest newspaper that is published in Wake County and distributed throughout the surrounding area of North Carolina. The News & Observer also publishes an online edition at ww.newsobserver.com. 5. The Charlotte Observer Publishing Company is a Delaware corporation that maintains its principal place of business in Mecklenburg County, North Carolina. Among other things, the company publishes The Charlotte Observer, a general interest newspaper that is published in Mecklenburg County and distributed throughout the surrounding areas of North Carolina and South Carolina. The Observer also publishes an online edition at ww.charlotteobserver.com . 6. Sandy Semans, managing editor of The Outer Banks Sentinel ("The Sentinel"), a general interest bi-weekly newspaper published in Nags Head, Dare County, North Carolina. 7. Capitol Broadcasting Company, Incorporated ("Capitol Broadcasting") is a North Carolina corporation whose principal place of business is located in Raleigh, Wake County, North Carolina. Capitol Broadcasting is a diversified communications company which, among other things, owns and operates five television stations in North Carolina, including WRAL-TV in Raleigh which covers news in the Research Triangle and surrounding areas of Piedmont and 3 Eastern North Carolina, including Wake County and its surrounds. Capitol Broadcasting also disseminates its news coverage online at ww.wral.com. 8. The John Locke Foundation, Inc. is a North Carolina not-for-profit corporation that maintains its principal place of business in Wake County, North Carolina. Among other things, the foundation publishes Carolina Journal, a monthly newspaper that focuses its coverage on North Carolina state government and public policy and Carolina Journal Weekly Report. a weekly report on politics and government that is distributed to subscribers via e-maiL. The Foundation also maintains a web site, ww.CarolinaJournal.com. at which it provides commentaries and news reports, summaries of breaking stories in the state's major media, and links to newspapers, wire services, blogs, and other information resources. 9. WTVD, Television LLC (WTVD-TV) is a Delaware corporation with its principal place of business in Durham, North Carolina. It owns and operates the television station WTVD ABC 11 in Raleigh-Durham, North Carolina. WTVD ABC 11, among other things, gathers and disseminates news to the public, serving a twenty-three county viewing area in Central and Eastern North Carolina.