Case: Nelson v. Warner

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Fourth Circuit

Case Assigned

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF. Filing Fee $400.00. Receipt # AWVSDC-7488550. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet) (jsa)

1 Exhibit A

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2 Exhibit B

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3 Civil Cover Sheet

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ELECTRONIC SUMMONS ISSUED as to Mac Warner, re: 1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (jsa)

STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Eifert. (cc: counsel of record; any unrepresented party) (jsa)

CASE assigned to Judge Robert C. Chambers. (klc)

INCORRECT ENTRY; IMAGE REMOVED. (Modified on 1/6/2020 to remove image incorrectly filed; see entry #7) (ts).

Amend

SUMMONS SUBMITTED by West Virginia Democratic Party, West Virginia Democratic House Legislative Committee, Dakota Nelson, Belinda Biafore, Elaine A. Harris re: 7 Amended Complaint. (Majestro, Anthony) (Modified on 1/6/2020 to correct link to #7 amended complaint and to add party filer) (ts).

MOTION by Belinda Biafore, Dakota Nelson, West Virginia Democratic House Legislative Committee, West Virginia Democratic Party, Elaine A. Harris to Set Expedited Pretrial Status and Scheduling Conference (Majestro, Anthony) (Modified on 1/6/2020 to add party filer) (ts).

AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF by West Virginia Democratic Party, West Virginia Democratic House Legislative Committee, Dakota Nelson, Belinda Biafore, Elaine A. Harris against Mac Warner,Vera McCormick. (ts)

ELECTRONIC SUMMONS ISSUED as to Vera McCormick, re: 7 Amended Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (jsa)

ORDER directing Defendants to file their response to Plaintiffs' 6 MOTION to Set Expedited Pretrial Status and Scheduling Conference within seven days of the issuing of this Order; Plaintiffs must then file their reply within two days of the filing of Defendants' response. Signed by Judge Robert C. Chambers on 1/7/2020. (cc: counsel of record; any unrepresented parties) (jsa)

RESPONSE by Mac Warner to the Court's 9 Order. (Capehart, Curtis)

ORDER granting Plaintiffs' 6 MOTION to Set Expedited Pretrial Status and Scheduling Conference. Signed by Judge Robert C. Chambers on 1/15/2020. (cc: counsel of record; any unrepresented parties) (jsa)

ORDER AND NOTICE: Rule 12(b) Motions 1/29/2020. Rule 26(f) Meeting 1/30/2020. Last day to file report of Rule 26(f) Meeting 2/6/2020. Scheduling/status Conference at 11:30 AM on 2/10/2020 in Huntington. Entry of Scheduling Order 2/14/2020. Last Day to make Rule 26(a)(1) disclosures 2/14/2020. Signed by Judge Robert C. Chambers on 1/15/2020. (cc: attys; any unrepresented parties) (mkw)

ANSWER TO 7 Amended Complaint by Mac Warner.(Capehart, Curtis)

MOTION by Vera McCormick to Dismiss 7 Amended Complaint (Taylor, Michael) (Modified on 1/30/2020 to add link to #7 amended complaint) (ts).

MEMORANDUM OF LAW by Vera McCormick in support of 14 MOTION by Vera McCormick to Dismiss 7 Amended Complaint (Taylor, Michael)

RULE 26(f) REPORT OF PLANNING MEETING by Belinda Biafore, Elaine A. Harris, Dakota Nelson, West Virginia Democratic House Legislative Committee, West Virginia Democratic Party, Mac Warner, Vera McCormick. (Majestro, Anthony) (Modified on 2/7/2020 to add party filers) (ts).

SCHEDULING ORDER: Joinder of Parties, amended pleadings due by 3/2/2020. Discovery requests to be completed by 4/6/2020 and all depositions by 5/18/2020. Expert Witness List by parties bearing the burden of proof due by 3/24/2020, by party not bearing burden of proof due by 4/21/2020, and to solely contradict or rebut evidence due by 5/11/2020. Dispositive Motions except those filed under Rule 12(b) due by 5/22/2010, any response shall be filed by 6/2/2020, with replies due by 6/10/2020. Plaintiffs' portion of proposed Pretrial Order to defendants due by 5/25/2020, Proposed Integrated Pretrial Order due by 6/1/2020. Pretrial Conference set for 6/15/2020 at 10:00 AM in Huntington before Judge Robert C. Chambers. Proposed Findings of Fact and Conclusions of Law due by 6/19/2020. Final Settlement Conference at 9:30 AM on 6/29/2020 in Huntington. Trial to the Court set for 6/30/2020 at 9:00 AM in Huntington before Judge Robert C. Chambers; canceling the scheduling conference set for 2/10/2020. Signed by Judge Robert C. Chambers on 2/7/2020. (cc: counsel of record; any unrepresented parties) (hkl)

UNOPPOSED MOTION by Belinda Biafore, Elaine A. Harris, Dakota Nelson, West Virginia Democratic House Legislative Committee, West Virginia Democratic Party for Extension of Time to File Response/Reply as to 14 MOTION by Vera McCormick to Dismiss 7 Amended Complaint, 15 Memorandum In Support to 2/14/2020. (Attachment: # 1 Proposed Order)(Majestro, Anthony)

ORDER granting Plaintiffs' 18 UNOPPOSED MOTION for Extension of Time; extending the deadline for filing a response to Defendant Vera McCormick's 14 Motion to Dismiss and 15 supporting Memorandum of Law to no later than 2/14/2020. Signed by Judge Robert C. Chambers on 2/12/2020. (cc: counsel of record; any unrepresented party) (hkl)

CERTIFICATE OF SERVICE by Vera McCormick for Rule 26(a)(1) Initial Disclosures. (Taylor, Michael)

RESPONSE by Mac Warner in support of 14 MOTION by Vera McCormick to Dismiss 7 Amended Complaint. (Capehart, Curtis)

RESPONSE/STATEMENT OF FACTS by Belinda Biafore, Elaine A. Harris, Dakota Nelson, West Virginia Democratic House Legislative Committee, West Virginia Democratic Party in opposition to 14 MOTION by Vera McCormick to Dismiss 7 Amended Complaint (Majestro, Anthony)

CERTIFICATE OF SERVICE by Belinda Biafore, Elaine A. Harris, Dakota Nelson, West Virginia Democratic House Legislative Committee, West Virginia Democratic Party for Rule 26(a)(1) Initial Disclosures. (Majestro, Anthony)

NOTICE of Subpoena Duces Tecum by Belinda Biafore, Elaine A. Harris, Dakota Nelson, West Virginia Democratic House Legislative Committee, West Virginia Democratic Party (Majestro, Anthony)

CERTIFICATE OF SERVICE by Mac Warner for Rule 26(a)(1) Initial Disclosures. (Capehart, Curtis)

REPLY by Vera McCormick to 22 Response In Opposition. (Taylor, Michael)

NOTICE OF ATTORNEY APPEARANCE by John Mercer Masslon, II on behalf of Mac Warner. (Masslon, John)

MEMORANDUM OPINION AND ORDER denying Defendant Vera McCormick's 14 MOTION to Dismiss. Signed by Judge Robert C. Chambers on 3/17/2020. (cc: counsel of record; any unrepresented parties) (hkl)

ORDER due to the COVID-19 pandemic, directing the parties to first confer regarding the scheduling of this matter and then contact the Court to arrange a conference call. Signed by Judge Robert C. Chambers on 3/24/2020. (cc: counsel of record; any unrepresented parties) (hkl)

CERTIFICATE OF SERVICE by Belinda Biafore, Elaine A. Harris, Dakota Nelson, West Virginia Democratic House Legislative Committee, West Virginia Democratic Party for Rule 26(a)(2) Expert Testimony Disclosures. (Majestro, Anthony)

ANSWER TO 7 Amended Complaint by Vera McCormick.(Taylor, Michael)

TELEPHONIC STATUS CONFERENCE held by Judge Robert C. Chambers on 3/26/2020; Court Reporter: not reported. (trj)

SCHEDULING ORDER: Discovery requests to be completed by 4/27/2020 and all depositions by 5/26/2020. Expert Witness List by parties bearing the burden of proof due by 4/15/2020, by party not bearing burden of proof due by 5/12/2020. Dispositive Motions except those filed under Rule 12(b) due by 5/29/2020, any response shall be filed by 6/9/2020, with replies due by 6/12/2020. Plaintiffs' portion of proposed Pretrial Order to defendants due by 5/29/2020, Proposed Integrated Pretrial Order due by 6/8/2020. Pretrial Conference set for 6/15/2020 at 10:00 AM in Huntington before Judge Robert C. Chambers. Proposed Findings of Fact and Conclusions of Law due by 6/26/2020. Final Settlement Conference at 9:30 AM on 6/29/2020 in Huntington. Trial to the Court set for 7/6/2020 at 9:00 AM in Huntington before Judge Robert C. Chambers. Signed by Judge Robert C. Chambers on 3/27/2020. (cc: counsel of record; any unrepresented parties) (hkl)

CERTIFICATE OF SERVICE by Belinda Biafore, Elaine A. Harris, Dakota Nelson, West Virginia Democratic House Legislative Committee, West Virginia Democratic Party for Supplemental Rule 26(a)(2) Disclosures. (Majestro, Anthony)

CERTIFICATE OF SERVICE by Mac Warner for Rule 26(a)(2) Expert Testimony Disclosures. (Masslon, John)

CERTIFICATE OF SERVICE by Mac Warner for Notice of Deposition. (Masslon, John)

CERTIFICATE OF SERVICE by Mac Warner for First Set of Discovery Requests. (Masslon, John)

CERTIFICATE OF SERVICE by Mac Warner for Supplemental Rule 26(a)(2) Expert Testimony Disclosures. (Masslon, John)

CERTIFICATE OF SERVICE by Belinda Biafore, Elaine A. Harris, Dakota Nelson, West Virginia Democratic House Legislative Committee, West Virginia Democratic Party for Notice of Video Deposition of Jason A. MacDonald, Ph.D. (Majestro, Anthony)

CERTIFICATE OF SERVICE by Mac Warner for Notice of Deposition. (Masslon, John)

CERTIFICATE OF SERVICE by Mac Warner for Notice of Deposition. (Masslon, John)

CERTIFICATE OF SERVICE by Mac Warner for Notice of Deposition. (Masslon, John)

CERTIFICATE OF SERVICE by Mac Warner for Notice of Deposition. (Masslon, John)

NOTICE OF DEPOSITION by Mac Warner of a Representative of the West Virginia House Legislative Committee on May 26, 2020 at 1:00 p.m. (Masslon, John) (Modified on 5/26/2020 to convert event to notice to take or amend deposition) (ts).

CERTIFICATE OF SERVICE by Mac Warner for Notice of Deposition. (Masslon, John)

AMENDED CERTIFICATE OF SERVICE by Mac Warner for Notice of Deposition. (Masslon, John)

AMENDED CERTIFICATE OF SERVICE by Mac Warner for Notice of Deposition. (Masslon, John)

SCHEDULING ORDER: Experts Reports Plaintiffs reserve to supplement their expert report pursuant to Rule 26(e)(2) and/or file a rebuttal expert opinions pursuant to Rule 26(a)(2)(D)(ii) responding to the opinions of Defendant Mac Warner's expert first disclosed on 5/18/2020, after the deadline for serving Plaintiffs' expert report; Defendant Mac Warner's objection can be based on the time for disclosure of expert reports having lapsed or the report not being covered by Rule 26(a)(2)(D)(ii). Dispositive Motions except those filed under Rule 12(b) due by 6/10/2020; any response shall be filed by 6/24/2020, with replies due by 8:00 EDT on 6/29/2020. Plaintiffs' portion of proposed Pretrial Order to defendants due by 6/12/2020; Proposed Integrated Pretrial Order due by 6/22/2020. Pretrial Conference set for 6/29/2020 at 9:30 AM in Huntington before Judge Robert C. Chambers. Proposed Findings of Fact and Conclusions of Law due by 7/9/2020. Final Settlement Conference at 9:30 AM on 7/13/2020 in Huntington. Trial to the Court set for 7/27/2020 at 9:00 AM in Huntington before Judge Robert C. Chambers. Signed by Judge Robert C. Chambers on 5/28/2020. (cc: counsel of record; any unrepresented parties) (jsa)

Motions Referred

CERTIFICATE OF SERVICE by Belinda Biafore, Elaine A. Harris, Dakota Nelson, West Virginia Democratic House Legislative Committee, West Virginia Democratic Party for Supplemental Expert Report of Dr. Jon A. Krosnick. (Majestro, Anthony)

MOTION by Mac Warner to Compel Plaintiffs To Respond To Requests For Production and Interrogatories (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Masslon, John)

MOTION by Belinda Biafore, Elaine A. Harris, Dakota Nelson, West Virginia Democratic House Legislative Committee, West Virginia Democratic Party to Certify Class (Majestro, Anthony)

MEMORANDUM OF LAW by Belinda Biafore, Elaine A. Harris, Dakota Nelson, West Virginia Democratic House Legislative Committee, West Virginia Democratic Party in support of 51 MOTION by Belinda Biafore, Elaine A. Harris, Dakota Nelson, West Virginia Democratic House Legislative Committee, West Virginia Democratic Party to Certify Class (Attachment: # 1 Exhibit 1)(Majestro, Anthony)

RESPONSE by Belinda Biafore, Elaine A. Harris, Dakota Nelson, West Virginia Democratic House Legislative Committee, West Virginia Democratic Party in opposition to 50 MOTION by Mac Warner to Compel Plaintiffs To Respond To Requests For Production and Interrogatories (Majestro, Anthony)

MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: 50 MOTION by Mac Warner to Compel Plaintiffs To Respond To Requests For Production and Interrogatories (ts)

Motions Referred

CERTIFICATE OF SERVICE by Belinda Biafore, Elaine A. Harris, Dakota Nelson, West Virginia Democratic House Legislative Committee, West Virginia Democratic Party for Responses to Defendant, Mac Warner, Secretary of State of the State of West Virginia's First Set of Discovery Requests to Plaintiffs (Majestro, Anthony)

REPLY by Mac Warner to 53 Response In Opposition. (Masslon, John)

MOTION by Vera McCormick for Summary Judgment (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Taylor, Michael)

MEMORANDUM OF LAW by Vera McCormick in support of 56 MOTION by Vera McCormick for Summary Judgment (Taylor, Michael)

MOTION by Mac Warner for Summary Judgment (Attachments: # 1 Exhibit 1 - Harris Deposition, # 2 Exhibit 2 - Biafore Deposition, # 3 Exhibit 3 - Nelson Deposition, # 4 Exhibit 4 - Krosnick Deposition, # 5 Exhibit 5 - Bates Deposition, # 6 Proposed Order)(Masslon, John)

MEMORANDUM OF LAW by Mac Warner in support of 58 MOTION by Mac Warner for Summary Judgment (Masslon, John)

RESPONSE by Vera McCormick in opposition to 51 MOTION by Belinda Biafore, Elaine A. Harris, Dakota Nelson, West Virginia Democratic House Legislative Committee, West Virginia Democratic Party to Certify Class (Taylor, Michael)

RESPONSE by Mac Warner in opposition to 51 MOTION by Belinda Biafore, Elaine A. Harris, Dakota Nelson, West Virginia Democratic House Legislative Committee, West Virginia Democratic Party to Certify Class (Masslon, John)

MOTION by Mac Warner to Exclude Dr. Jon Krosnick's Third Expert Report. (Attachments: # 1 Exhibit 1 - Krosnick First Report, # 2 Exhibit 2 - Krosnick Second Report, # 3 Exhibit 3 - MacDonald Report, # 4 Exhibit 4 - MacDonald Transcript, # 5 Exhibit 5 - Krosnick Third Report, # 6 Proposed Order)(Masslon, John)

MEMORANDUM OF LAW by Mac Warner in support of 62 MOTION by Mac Warner to Exclude Dr. Jon Krosnick's Third Expert Report. (Masslon, John)

PROPOSED PRETRIAL ORDER by Vera McCormick, Mac Warner, All Plaintiffs (Attachment: # 1 Stipulation)(Masslon, John) (Modified on 6/23/2020 to add party filers) (ts).

REPLY by Belinda Biafore, Elaine A. Harris, Dakota Nelson, West Virginia Democratic House Legislative Committee, West Virginia Democratic Party to 60 Response In Opposition, 61 Response In Opposition. (Attachment: # 1 Exhibit A)(Majestro, Anthony)

ORDER directing the following expedited briefing deadlines for the 62 MOTION by Mac Warner to Exclude Dr. Jon Krosnick's Third Expert Report: the plaintiffs must file their response by 6/26/2020; Warner must then file his reply by 6/30/2020. Signed by Judge Robert C. Chambers on 6/23/2020. (cc: counsel of record; any unrepresented parties) (jsa)

NOTICE OF WITHDRAWAL re: 50 MOTION by Mac Warner to Compel Plaintiffs To Respond To Requests For Production and Interrogatories (Masslon, John) (Modified on 6/24/2020 to covert event to notice (other)) (ts).

ORDER denying as moot Defendant Secretary of State Mac Warner's 50 MOTION to Compel, pursuant to his 67 Notice of Withdrawal of Motion to Compel. Signed by Magistrate Judge Cheryl A. Eifert on 6/24/2020. (cc: counsel of record) (jsa)

RESPONSE by Belinda Biafore, Elaine A. Harris, Dakota Nelson, West Virginia Democratic House Legislative Committee, West Virginia Democratic Party in opposition to 56 MOTION by Vera McCormick for Summary Judgment, 58 MOTION by Mac Warner for Summary Judgment (Majestro, Anthony)

RESPONSE by Belinda Biafore, Elaine A. Harris, Dakota Nelson, West Virginia Democratic House Legislative Committee, West Virginia Democratic Party in opposition to 62 MOTION by Mac Warner to Exclude Dr. Jon Krosnick's Third Expert Report. (Attachments: # 1 Appendix Exhibit A (Pages 1-7), # 2 Appendix Exhibit A (Pages 8-31), # 3 Exhibit B, # 4 Exhibit C)(Majestro, Anthony)

REPLY by Mac Warner to 69 Response In Opposition. (Masslon, John)

PRETRIAL CONFERENCE held by Judge Robert C. Chambers on 6/29/2020; Court Reporter: Kathy Swinhart. (trj)

REPLY by Vera McCormick to 69 Response In Opposition. (Attachment: # 1 Exhibit 1)(Taylor, Michael)

REPLY by Mac Warner to 70 Response In Opposition. (Attachments: # 1 Exhibit 1 - Email to counsel, # 2 Exhibit 2 - Email to court staff, # 3 Exhibit 3 - Email to counsel, # 4 Exhibit 4 - Autorecovery, # 5 Exhibit 5 - Minnesota Report, # 6 Exhibit 6 - Email to Plaintiffs' Counsel, # 7 Exhibit 7 - Email to the Secretary's Counsel, # 8 Exhibit 8 - Third report dataset)(Masslon, John)

MEMORANDUM OPINION AND ORDER granting Plaintiffs' 51 MOTION to Certify Class; certifying the defendant class of all county ballot commissioners for the state of West Virginia; appointing defendant McCormick as the class representative and her counsel, Bailey & Wyant, PLLC, as class counsel; further directing counsel for the plaintiffs, McCormick, and Warner to meet and confer and agree upon a class notice to be mailed to each class member within seven days of this Order. Signed by Judge Robert C. Chambers on 6/30/2020. (cc: counsel of record) (jsa)

NOTICE of Additional Authority by Mac Warner (Attachment: # 1 Exhibit 1)(Masslon, John)

MOTION by Belinda Biafore, Elaine A. Harris, Dakota Nelson, West Virginia Democratic House Legislative Committee, West Virginia Democratic Party to Reconsider Ruling Requiring Dr. Krosnick to Testify Live at Trial (Majestro, Anthony) (Modified on 7/10/2020 to remove link to #72 pretrial conference) (ts)

ORDER directing the Defendants to respond to Plaintiffs' 77 MOTION to Reconsider Ruling Requiring Dr. Jon Krosnick to Testify Live at Trial by noon on Friday, 7/10/2020. Signed by Judge Robert C. Chambers on 7/9/2020. (cc: counsel of record) (jsa)

RESPONSE by Vera McCormick re: 77 MOTION by Belinda Biafore, Elaine A. Harris, Dakota Nelson, West Virginia Democratic House Legislative Committee, West Virginia Democratic Party to Reconsider Ruling Requiring Dr. Krosnick to Testify Live at Trial (Taylor, Michael)

RESPONSE by Mac Warner in opposition to 77 MOTION by Belinda Biafore, Elaine A. Harris, Dakota Nelson, West Virginia Democratic House Legislative Committee, West Virginia Democratic Party to Reconsider Ruling Requiring Dr. Krosnick to Testify Live at Trial (Masslon, John)

REPLY BRIEF by Belinda Biafore, Elaine A. Harris, Dakota Nelson, West Virginia Democratic House Legislative Committee, West Virginia Democratic Party to 80 Response In Opposition. (Attachment: # 1 Exhibit A)(Majestro, Anthony) (Modified on 7/12/2020 to remove links to ##77 motion, 78 Order)(ts).

NOTICE of Additional Authority by Mac Warner (Attachment: # 1 Exhibit 1)(Masslon, John)

ORDER granting Plaintiffs' 77 MOTION to Reconsider Ruling Requiring Dr. Jon Krosnick to Testify Live at Trial; Dr. Krosnick may testify at trial remotely through live video, as more fully set forth herein. Signed by Judge Robert C. Chambers on 7/13/2020. (cc: counsel of record) (hkl)

PRETRIAL CONFERENCE held by Judge Robert C. Chambers on 7/13/2020; Court Reporter: Kathy Swinhart. (trj)

NOTICE OF CERTIFICATION FOR USE OF COURTROOM TECHNOLOGY on July 27, 2020 at 9:00 a.m. EDT in Judge Chambers's Courtroom (Masslon, John)

NOTICE OF CERTIFICATION FOR USE OF COURTROOM TECHNOLOGY on July 27, 2020 at 9:00 a.m. in Judge Chambers's Courtroom, Huntington, WV (Majestro, Anthony)

MEMORANDUM OPINION AND ORDER denying defendants' 56 and 58 MOTIONS for Summary Judgment. Signed by Judge Robert C. Chambers on 7/15/2020. (cc: counsel of record) (hkl)

NOTICE OF CERTIFICATION FOR USE OF COURTROOM TECHNOLOGY on July 27, 2020 at 9:00 AM in Judge Chambers's Courtroom, Huntington, WV (Taylor, Michael)

MEMORANDUM OPINION AND ORDER denying Defendant Mac Warner's 62 MOTION to Exclude Dr. Jon Krosnick's Third Expert Report. Signed by Judge Robert C. Chambers on 7/17/2020. (cc: counsel of record) (jsa)

CERTIFICATE OF SERVICE by Mac Warner for Rule 26(a)(2) Expert Testimony Disclosures. (Masslon, John)

Motions Referred

NOTICE OF ATTORNEY APPEARANCE by Jessica Anne Lee on behalf of Mac Warner. (Lee, Jessica)

MOTION by Mac Warner to Quash Subpoena (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Proposed Order)(Masslon, John)

MEMORANDUM OF LAW by Mac Warner in support of 92 MOTION by Mac Warner to Quash Subpoena (Masslon, John)