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Case 1:12-cv-02184-CL

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Kim E. Hoyt, OSB No. 914080 khoyt@ghrlawyers.com Luke W. Reese, OSB No. 076129 lreese@ghrlawyers.com GARRETT HEMANN ROBERTSON P.C. 1011 Commercial Street N.E. P.O. Box 749 Salem, Oregon 97308-0749 Tel: (503) 581-1501 Fax: (503) 581-5891 Of Attorneys for Defendants

UNITED STATES DISTRICT COURT DISTRICT OF OREGON MEDFORD DIVISION

JANE DOE, by and through her Guardian ad Litem, Suzanne C., JANE DOE 2, by and through her Guardian ad Litem, Erin H., Plaintiffs, vs. JACKSON COUNTY SCHOOL DISTRICT NO. 9, CYNDA RICKERT, LYNN SCOTT, and JOEL HELLER, Defendants.

No.

12-2184-CL

DEFENDANTS JACKSON COUNTY SCHOOL DISTRICT NO. 9, CYNDA RICKERT and LYNN SCOTTS MEMORANDUM IN SUPPORT OF JACKSON COUNTY SCHOOL DISTRICT NO. 9S MOTION FOR PROTECTIVE ORDER

Defendants Jackson County School District No. 9, Cynda Rickert and Lynn Scott (collectively, the District) submit this memorandum in support of their Motion for Protective Order.

MEMORANDUM IN SUPPORT OF MOTION FOR PROTECTIVE ORDER: Jane Doe v. Jackson County School District No. 9, et al.

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BACKGROUND This case arises out of allegations that plaintiffs were subjected to inappropriate and unconsented touching by defendant Joel Heller (Mr. Heller) while he was employed by the District as a substitute teacher. Since reports of these allegations, Mr. Heller has not returned to the District. The incidents were investigated by the Jackson County District Attorney who declined to prosecute Mr. Heller. The District and the Oregon Teacher Standards and Practices Commission also investigated plaintiffs allegations and declined to take action against Mr. Hellers license. On December 14, 2011, Thomas Petersen, plaintiffs counsel (Mr. Petersen), served a tort claims notice on the District. On December 3, 2012, Mr. Petersen filed this lawsuit on plaintiffs behalf alleging various claims against Mr. Heller, the District and two administrators. Mr. Petersen chose to file this case under seal in a claimed effort to protect the identities of the students. Immediately thereafter, local newspapers and television stations reported that the lawsuit had been filed and provided details of the alleged misconduct with Mr. Petersen extensively quoted in all. Over the past month, local media reported again on the lawsuit and this time including reports of the existence of sworn statements made by former students of Mr. Heller that, according to statements by Mr. Petersen, show a pattern of abusive behavior on Mr. Hellers part. Mr. Petersens firms website, blog, and Facebook page also contain some of these news reports. The sworn statements referenced by Mr. Petersen, and provided by him to the media, were not a part of any public filing. Mr. Petersens interviews with various newspapers and television stations, and the information regarding the lawsuit on the website, blog and Facebook page of Mr. Petersens firm have resulted, and will continue to result, in extensive newspaper and television news coverage and dissemination of the statements to the public in general. Many of the statements given by

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Mr. Petersen to the media and that have been posted on Mr. Petersens firms website, blog and Facebook page pertaining to this case are outside the allegations in his complaint, inflammatory and designed to cast defendants in a negative light based on unproven allegations. Extrajudicial statements have been made by Mr. Petersen claiming misconduct that is not supported by his clients discovery nor is it designed to do anything other than apparently increase media attention for counsel. The ramifications of Mr. Petersens efforts to feed information regarding yet unproven allegations to the press are significant. Given Mr. Petersens use of both traditional and social media, there is a very high likelihood of additional pretrial publicity that would make it difficult to impanel an impartial jury which would tend to prevent a fair trial and influence prospective witnesses. The District, Ms. Rickert and Ms. Scott are committed to the importance of the publics right to be informed. However, Mr. Petersens conduct in this case, particularly given the fact that Mr. Heller has not returned to the Districts classrooms since these allegations came to light, seriously jeopardize these defendants right to receive a fair trial. Because Mr. Petersens prolific communication presents a substantial likelihood of prejudice to all defendants, the District requests that the Court enter a protective order prohibiting the attorneys and their staffs involved in this case from making comments about the case to third parties, including the media, either directly or on websites or through the use of social media. ARGUMENT A. The protective order will not impermissibly limit the First Amendment rights of the parties and the parties counsel. The First Amendments guarantee of freedom of speech encompasses a broad spectrum of form and type of expression. While a major purpose of [the] Amendment [is] to protect the free discussion of governmental affairs, Mills v. Alabama, 384 US 214, 218, 16 L Ed 2d 484, 86 S Ct 1434 (1966), the amendment also protects an individuals interest in self-expression. See

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Consolidated Edison Co. v. Public Service Commission, 447 US 530, 534 n 2, 65 L Ed 2d 319, 100 S Ct. 2326 (1980). First Amendment rights, however, are not without some constraints. The government may properly limit speech when compelling government interests outweigh the free expression interests of the speaker. See, e.g., Landmark Communications, Inc. v. Virginia, 435 US 829, 841, 56 L Ed 2d 1, 98 S Cr 1535 (1978). Accordingly, the party seeking a protective order limiting speech must establish: (1) the activity restrained poses either a clear and present danger or a serious and imminent threat to a protected competing interest; (2) the order is narrowly drawn; and (3) less restrictive alternatives are not available. Levine v. United States District Court for the Central District of California, 764 F2d 590, 595 (9th Cir 1985). With respect to protective orders involving trial participants, the Ninth Circuits position is that it is appropriate to impose greater restrictions on the free speech rights of trial participants than the rights of nonparticipants with the speech of lawyers representing those trial participants regulated under a less demanding standard than that established for regulation of the press because lawyers have special access to information through discovery and client communications [and] their extrajudicial statements [, therefore,] pose a threat to the fairness of a pending proceeding. Gentile v. State Bar of Nevada, 501 US 1030, 1074, 115 L Ed 2d 888, 111 S Ct 2720 (1990); Levine, 764 F2d at 595, citing Sheppard v. Maxwell, 384 US 333, 360-63, 16 L Ed 2d 600, 86 S Ct 1507 (1966). Moreover, the case for restraints on trial participants is

especially strong with respect to attorneys. Levine, 764 F2d at 595, citing Nebraska Press Association v. Stuart, 427 US 539, 564, 49 L Ed 2d 683, 96 S Ct 2791 (1976). While the Ninth Circuit recognizes that attorneys and other trial participants do not lose their constitutional rights at the courthouse door, the necessity of a protective order must be analyzed in light of the relationship between the parties and the court system. Id., at 595-596.

MEMORANDUM IN SUPPORT OF MOTION FOR PROTECTIVE ORDER: Jane Doe v. Jackson County School District No. 9, et al.

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1.

There exists a serious and imminent threat to the administration of justice.

As evidenced by the media coverage to date, there is intense local publicity surrounding this case that threatens defendants right to a fair trial. See United States v. Brown, 218 F3d 415, 423 (5th Cir 2000) (Intense publicity surrounding a proceeding poses significant and well-known dangers to a fair trial.). Specifically, there is a very real danger that pretrial publicity may prejudice the jury pool, as well as the actual outcome of a trial by, for example, disseminating to the press inadmissible evidence. See, e.g., Gentile, 501 US at 1030; Sheppard, 384 US at 360. Attached are examples of the media coverage to date in this case. They are: Exhibit 1: kdrv.com article dated December 3, 2012. Exhibit 2: mailtribune.com article dated December 4, 2012. Exhibit 3: daily tidings.com article dated December 4, 2012. 1 Exhibit 4: KOBI-TV article and video dated March 21, 2013. 2 Exhibit 6: opb.org article dated March 27, 2013. 3 Exhibit 7: KTVL.com article dated March 28, 2013. Exhibit 8: transcription of KTVL video dated March 30, 2013. See Declaration of Cynthia Lee, 3. Exhibit 13: mailtribune.com article dated April 17, 2013. Exhibit 14: KTVL.com article dated April 17, 2013. Exhibit 15: opb.org article dated April 17, 2013. 4 Exhibit 16: Eagle Point Newswire dated April 18, 2013. 5

1 2

The article in Exhibit 3 is the same article as in Exhibit 2. The transcription of the video in Exhibit 4 is attached as Exhibit 5. See Declaration of Cynthia Lee, 2. 3 Exhibit 6 is an article that first appeared in the Medford Mail Tribune. 4 Exhibit 15 is the same article as in Exhibit 13. 5 Exhibit 16 contains links to the December 4, 2012, article in the Ashland Daily Tidings (Exhibit 3); the March 27, 2013, article from the Medford Mail Tribune carried by OPB (Exhibit 6); and the April 13, 2013, from the Medford Mail Tribune (Exhibit 13). MEMORANDUM IN SUPPORT OF MOTION FOR PROTECTIVE ORDER: Jane Doe v. Jackson County School District No. 9, et al. Page - 5
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Exhibit 17: Upper Rogue Independent article dated December 10, 2012.

In addition, Exhibits 6 and 7 are posted on the website of Mr. Petersens firm as of April 16, 2013 (see Exhibits 9, 10), and Exhibits 4 and 8 are posted on the Facebook page and blog of Mr. Petersens firm as of April 16, 2013 (see Exhibits 9, 10). Many of the statements made by Mr. Petersen in these articles are inflammatory, highly prejudicial and used by Mr. Petersen not to inform but to proselytize. examples: Petersen is representing two victims but said there are more children Heller abused. Exhibit 1. The million dollars is a subjective figure, Petersen explained. Its[sp] one that says what is the community standard for something like this. If your child had to go through this, what money could compensate for that? One million might not be enough. Exhibit 1. Kids being so innocent, they dont know what this is about, Petersen said Monday. They knew enough that it frightened them and caused them to tell. Exhibits 2, 3, 16. Petersen said he also will seek to have Heller banned from working in schools. Its kind of shocking, but its not the first case of a Rogue Valley teacher doing that, Petersen said. Exhibit 2. Those complaints [of other victims] were not investigated, were dismissed out of hand and the children were made to blame for spreading what they called gossip. Exhibit 5. [One of the other victims says Mr. Heller] [S]lid his left hand up under a pant leg onto the skin of her high and began rubbing it back and forth. Exhibit 5. I think its something that the Teacher Standards and Practices Commission needs to investigate. Exhibit 5. The following are

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[Regarding the lawsuit] I dont know how they [the District] are going to get around this. Exhibit 5. The legal documents [affidavits 6 from other victims] will be used as evidence to support a federal civil suit that * * * Heller had a pattern of abusive behavior and failed to protect the students, said Tom Petersen, a Medford attorney. Exhibits 6, 9, 16. Petersen said the statements from the two new girls and from one of the girls parents support that allegation. There are regulations for teachers, Petersen said. Teachers are taught not to cross those boundaries. Exhibit 6. What are (the district officials) doing? Petersen said. Who are they supposed to be protecting, if not the students? Exhibit 6. Petersen alleged Tuesday that statements from new victims, who are now in high school, detail a pattern of abusive behavior on Hellers part and a pattern of denial on the part of the district and its administration. Exhibits 6, 9. Petersen said his clients werent the first victims. In the mid 2000s, Im aware of four or five, said Petersen. Exhibits 7, 8. [Petersen] said authorities were never told. The principal shut down the investigation from what I understand. Ive got affidavits to that effect and so no police reports were made. It never made it to the District Attorneys office, said Petersen. Exhibits 7, 8. * * * Heller was not prosecuted due to [] insufficient evidence. Now all that means is the D.A. made a calculation that the case cannot or might not be won in a court of law, said Petersen. Exhibit 7. The victims attorney said if reports of the accusations in the mid-2000s had been made, Heller may have prosecuted. If he or they had known back in 2005, 2006 and seven
Mr. Petersen has obtained affidavits from two individuals other than plaintiffs who claim to have been abused by Mr. Heller. Declaration of Kim E. Hoyt (Hoyt Declaration), 16. These affidavits have not been filed in this case but have been published by defendants. Mr. Peterson has acknowledged, however, that he provided these documents to the media. Id. MEMORANDUM IN SUPPORT OF MOTION FOR PROTECTIVE ORDER: Jane Doe v. Jackson County School District No. 9, et al. Page - 7
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that Mr. Heller was touching girls in ways that made them feel uncomfortable, and which was after the fashion that he was touching them in 2011, which is the case Ive got in court now, the D.A.s decision-making process might have been different, said Petersen. Exhibits 7, 8. [The District] knew essentially that Heller could not be trusted with young females, put the girls [the other alleged victims] into a situation that was dangerous for them and then they suffered when they didnt have to, said Petersen. Exhibit 7. Petersen says if reports of the accusations a few years ago had been made, Heller may have been prosecuted. Exhibit 8. But the DA might not have been so hesitant to proceed if Hellers previous alleged contact with the two students who have now come forward had been documented and investigated. Instead it was brushed under the rug, Petersen alleged. Exhibits 9, 15. And, significantly, Mr. Petersens statements convey information that cannot be learned from reading the pleadings in the case. Specifically, Mr. Petersen discusses children other than plaintiffs who, he says, Mr. Heller abused and which shows a pattern of behavior. Exhibits 1, 5, 6, 7, 8, 9, 13, 16. (It should be noted that Mr. Petersen claims he knows of four or five other victims as early as the mid-2000s. The declarations of the two new alleged victims, prepared December 31, 2012, and February 8, 2013, were not provided to defendants until March 2013. No additional information regarding any remaining purported victims has been provided. See Hoyt Declaration, 16.) The statements made by Mr. Petersen, and expected to be made by him throughout the course of this case, constitute a threatened material harm to the Districts deep-seated interest in an impartial jury. With Mr. Petersens predilection in talking with media and using his firms website and social media as platforms for his lawsuit, there is a reasonable likelihood that the threatened material harm tainting the jury pool and influencing the sitting jury -- will become

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reality.

See In re San Juan Star Co., 662 F2d 108, 116 (1st Cir 1981) (Where a partys right to

an impartial jury is at stake, there only needs to be a reasonable likelihood that material harm will actually occur.). 7 2. The narrowness of the order.

The purpose of the proposed protective order is to prohibit information that could undermine the impartiality of the jurors and to effectively keep prejudicial information from prospective jurors. Recognizing that information not so obviously prejudicial may emerge and, ultimately, be prejudicial, the Districts proposed order, attached as Exhibit 12, prohibits the attorneys and their staffs involved in the case from releasing or authorizing the release for public dissemination of any matters relating to the case without the Courts permission and other than court-filed information. The Districts proposed order is narrowly tailored in two respects. First, the order applies only to the attorneys and their staffs, not to the media or the parties themselves. Second, the proposed order is not a no comment rule. Under the order, the attorneys are still allowed to provide factual information to the media about court filings. They can also provide other information with the Courts permission. 3. The availability of less restrictive alternatives.

Although there may be less restrictive alternatives to the Districts proposed protective order, none of these alternatives are effective. For instance, the use of voir dire and instructions cannot eliminate prejudice caused by publicity during the trial or alleviate the harm to the integrity of the judicial process caused by extrajudicial statements of the parties attorneys.

The effect of the intense publicity surrounding this lawsuit is seen by two letters to the editor of the Ashland Daily Tidings following its December 4, 2012 article (Exhibit 3). Those letters cited the newspapers cheap sensational journalism at the expense of Mr. Heller and the irreparable damage to Mr. Hellers reputation caused by the article. Exhibit 11. While these letters were written by individuals who may be supportive of defendants, it shows the high degree of emotion attached to this case. MEMORANDUM IN SUPPORT OF MOTION FOR PROTECTIVE ORDER: Jane Doe v. Jackson County School District No. 9, et al. Page - 9
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Similarly, a change of venue would do nothing to curb unwarranted statements by the parties counsel. B. Oregon Rule of Professional Conduct 3.6 does not provide the necessary protections. The District recognizes that Mr. Petersen already has good incentive to limit his comments to the public by virtue of Rule 3.6 of the Oregon Rules of Professional Conduct, but his past statements to the media and his use of his website, Facebook page and blog, as set out above, demonstrate that additional restraints are necessary. Rule 3.6 places specific limitations on extrajudicial statements by attorneys. It states: (a) A lawyer who is participating or has participated in the investigation or litigation of a mater shall not make an extrajudicial statement that the law knows or reasonably should know will be disseminated by means of public communication and will not have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter. (b) Notwithstanding paragraph (a), a lawyer may state: (1) the claim, offense or defense involved and, except when prohibited by law, the identity of the persons involved; (2) (3) (4) (5) information contained in a public record; that an investigation of a matter is in progress; the scheduling or result of any step in litigation; a request for assistance in obtaining evidence and information necessary thereto; (6) a warning of danger concerning the behavior of a person involved, when there is reason to believe that there exists the likelihood of substantial harm to an individual or to the public interest; and

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*** (c) Notwithstanding paragraph (a), a lawyer may: * * *. Even though Rule 3.6 imposes ethical obligations on an attorney to refrain from making prejudicial comments about a pending trial whether a protective order is in place or not, Mr. Petersen has demonstrated through his extensive use of the media and his firms website, Facebook page and blog to disseminate extrajudicial statements to the public statements that could be perceived to be prohibited by Rule 3.6 -- that it is highly likely that these extrajudicial statements will continue and could prevent from the District from obtaining a fair trial. Moreover, while failure to comply with Rule 3.6 is an ethical violation and subjects an attorney to disciplinary action, the fact of the matter is that in the course of violating the rule, the prohibited information is nonetheless disseminated to the public thereby jeopardizing the Districts right to a fair trial. C. The issues raised regarding defendant Scotts prospective employment demonstrate the negative impact of excessive pre-trial publicity. Defendant Lynn Scott was recently hired as principal of an elementary school in the Central Point School District. As reported by the Medford Mail Tribune in an article picked up by other news outlets (see Exhibits 13, 15-16) some of the schools parents are demanding to know why the district hired a woman named as a defendant in a sex abuse civil suit as their new principal, and that a petition 8 is circulating demanding transparency regarding Scotts hiring. One parent is even quoted as saying that she is concerned that [Scott] will let this happen at [the school].

The petition specifically references this lawsuit and calls for the superintendent and school board to remove Ms. Lynn Scott from her position as the new principal of Mae Richardson Elementary School, effective immediately. Exhibit 18. MEMORANDUM IN SUPPORT OF MOTION FOR PROTECTIVE ORDER: Jane Doe v. Jackson County School District No. 9, et al. Page - 11
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The article goes on to report that Ms. Scott is named in this lawsuit and that the lawsuit alleges that school administrators knew Heller had a pattern of abusive behavior and failed to protect the students. Exhibits 13, 15-16. As noted earlier in this memorandum, the complaint in this case does not allege a pattern of abusive behavior by Mr. Heller, and it is Mr. Petersen in his statements to the media who claims there is a pattern of abusive behavior. The article also attributes some of the reported information as provided by Mr. Petersen. It quotes Mr. Petersen as stating the District Attorney brushed under the rug the incidents involving the other two students. It also discusses affidavits from two students other than plaintiffs that it says Mr. Petersen obtained, and the article quotes extensively from one of them. As noted earlier, these affidavits have not been filed in this lawsuit or any other lawsuit. These affidavits were provided by Mr. Petersen. See Hoyt Declaration, 16. The article also reports that a public meeting on Ms. Scotts hiring is scheduled which did, in fact, occur on April 18, 2013. At the hearing, a handout was distributed to those in attendance. Exhibit 19. The handout contains Possible Questions to ask the Panel. Some of the Possible Questions refer to the two affidavits discussed above. One asks if the affidavits have been read and states that [A]s a named defendant, Mrs. Scott has copies of the affidavits; * * *. Another refers to the sworn statement allegations against Lynn Scott. Notwithstanding the fact that the affidavits are not part of the record of this lawsuit, the affidavits were obtained by Mr. Petersen and it is entirely reasonable to assume that he is responsible for their dissemination to whoever prepared the handout. The public meeting on Ms. Scotts hiring was followed-up by a School Board meeting on April 23, 2013. At the meeting, concerned parents, grandparents and friends of students who cannot support [Ms. Scotts] hiring provided a prepared statement to the Board. Exhibit 20. The statement called for, among other things, the Board to survey parents regarding their support or opposition to Ms. Scotts hiring with the survey including a complete description of the

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present litigation to which Ms. Scott is a party. The statement included an agenda for a Follow-Up Parent Meeting to be held April 30, 2013. Exhibit 20, p. 4. An agenda item under Unanswered questions parents still have is The District says the allegations are unfounded. Is this true? Presentation of affidavits & declarations by plaintiffs attorney Tom Petersen and alleged victims. Clearly, Mr. Petersens interaction with the media and his own dissemination of information has played a significant role in the situation surrounding Ms. Scotts prospective employment. It is extremely unfortunate for Ms. Scott, and it demonstrates the effect of the excessive publicity on this case and shows by the parents reactions to Ms. Scotts hiring that continued publicity in the case could prejudice defendants right to a fair trial. CONCLUSION While the District recognizes that limiting the extrajudicial statements of the attorneys involved in this case raises constitutional issues, Mr. Petersens statements to the media and his use of his firms website, Facebook page and blog to make his case, has put the Districts right to a fair trial by impartial jurors at risk. The Districts motion for a protective order should be granted. DATED this 29th day of April 2013.

GARRETT HEMANN ROBERTSON P.C.

/s/ Kim E. Hoyt Kim E. Hoyt OSB No. 914080 503-581-1501 503-581-5891 (FAX) khoyt@ghrlawyers.com Of Attorneys for Defendants Jackson County School District No. 9, Cynda Rickert and Lynn Scott

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CERTIFICATE OF SERVICE I hereby certify that I caused to be served the foregoing MEMORANDUM IN SUPPORT OF JACKSON COUNTY SCHOOL DISTRICT NO. 9S MOTION FOR PROTECTIVE ORDER on the date indicated below, [ ] [X] [ ] [ ] [ ] Via First-Class Mail with postage prepaid Via Electronic Filing System Via Facsimile Transmission Via Hand Delivery Via Overnight Delivery

to the following person(s) a true copy thereof, contained in a sealed envelope (if other than by facsimile transmission), addressed to said person(s) at their last known addresses indicated below: Thomas N. Petersen Black, Chapman, Webber & Stevens 221 Stewart Avenue Suite 209 Medford OR 97501 OSB No. 974645 Ph 541-772-9850; Fax 541-779-7430 Petersen@blackchapman.com, litigation@blackchapman.com & dwilkinson@blackchapman.com Attorneys for Plaintiffs DATED April 20th , 2013. GARRETT HEMANN ROBERTSON P.C. Brett C. Mersereau Mersereau Shannon LLP 1 SW Columbia Street Suite 1600 Portland OR 97258 OSB No. 023922 Ph 503-226-6400; Fax 503-226-0383 bmersereau@mershanlaw.com Attorneys for Defendant Joel Heller

/s/ Kim E. Hoyt Kim E. Hoyt OSB No. 914080 503-581-1501 503-581-5891 (FAX) khoyt@ghrlawyers.com Of Attorneys for Defendants Jackson County School District No. 9, Cynda Rickert and Lynn Scott

CERTIFICATE OF SERVICE: Jane Doe, et al. v. Jackson County School District, et al.

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Filed 04/29/13

Page 7 of 7

Page ID#: 190

Exhibit 9, Page 7 of 7

Case 1:12-cv-02184-CL

Document 37-10

Filed 04/29/13

Page 1 of 8

Page ID#: 191

Exhibit 10, Page 1 of 8

Case 1:12-cv-02184-CL

Document 37-10

Filed 04/29/13

Page 2 of 8

Page ID#: 192

Exhibit 10, Page 2 of 8

Case 1:12-cv-02184-CL

Document 37-10

Filed 04/29/13

Page 3 of 8

Page ID#: 193

Exhibit 10, Page 3 of 8

Case 1:12-cv-02184-CL

Document 37-10

Filed 04/29/13

Page 4 of 8

Page ID#: 194

Exhibit 10, Page 4 of 8

Case 1:12-cv-02184-CL

Document 37-10

Filed 04/29/13

Page 5 of 8

Page ID#: 195

Exhibit 10, Page 5 of 8

Case 1:12-cv-02184-CL

Document 37-10

Filed 04/29/13

Page 6 of 8

Page ID#: 196

Exhibit 10, Page 6 of 8

Case 1:12-cv-02184-CL

Document 37-10

Filed 04/29/13

Page 7 of 8

Page ID#: 197

Exhibit 10, Page 7 of 8

Case 1:12-cv-02184-CL

Document 37-10

Filed 04/29/13

Page 8 of 8

Page ID#: 198

Exhibit 10, Page 8 of 8

Case 1:12-cv-02184-CL

Document 37-11

Filed 04/29/13

Page 1 of 2

Page ID#: 199

Exhibit 11, Page 1 of 2

Case 1:12-cv-02184-CL

Document 37-11

Filed 04/29/13

Page 2 of 2

Page ID#: 200

Exhibit 11, Page 2 of 2

Case 1:12-cv-02184-CL

Document 37-12

Filed 04/29/13

Page 1 of 3

Page ID#: 201

Exhibit 12, Page 1 of 3

Case 1:12-cv-02184-CL

Document 37-12

Filed 04/29/13

Page 2 of 3

Page ID#: 202

Exhibit 12, Page 2 of 3

Case 1:12-cv-02184-CL

Document 37-12

Filed 04/29/13

Page 3 of 3

Page ID#: 203

Exhibit 12, Page 3 of 3

Case 1:12-cv-02184-CL

Document 37-13

Filed 04/29/13

Page 1 of 2

Page ID#: 204

Exhibit 13, Page 1 of 2

Case 1:12-cv-02184-CL

Document 37-13

Filed 04/29/13

Page 2 of 2

Page ID#: 205

Exhibit 13, Page 2 of 2

Case 1:12-cv-02184-CL

Document 37-14

Filed 04/29/13

Page 1 of 5

Page ID#: 206

Exhibit 14, Page 1 of 5

Case 1:12-cv-02184-CL

Document 37-14

Filed 04/29/13

Page 2 of 5

Page ID#: 207

Exhibit 14, Page 2 of 5

Case 1:12-cv-02184-CL

Document 37-14

Filed 04/29/13

Page 3 of 5

Page ID#: 208

Exhibit 14, Page 3 of 5

Case 1:12-cv-02184-CL

Document 37-14

Filed 04/29/13

Page 4 of 5

Page ID#: 209

Exhibit 14, Page 4 of 5

Case 1:12-cv-02184-CL

Document 37-14

Filed 04/29/13

Page 5 of 5

Page ID#: 210

Exhibit 14, Page 5 of 5

Case 1:12-cv-02184-CL

Document 37-15

Filed 04/29/13

Page 1 of 3

Page ID#: 211

Exhibit 15, Page 1 of 3

Case 1:12-cv-02184-CL

Document 37-15

Filed 04/29/13

Page 2 of 3

Page ID#: 212

Exhibit 15, Page 2 of 3

Case 1:12-cv-02184-CL

Document 37-15

Filed 04/29/13

Page 3 of 3

Page ID#: 213

Exhibit 15, Page 3 of 3

Case 1:12-cv-02184-CL

Document 37-16

Filed 04/29/13

Page 1 of 2

Page ID#: 214

Exhibit 16, Page 1 of 2

Case 1:12-cv-02184-CL

Document 37-16

Filed 04/29/13

Page 2 of 2

Page ID#: 215

Exhibit 16, Page 2 of 2

Case 1:12-cv-02184-CL

Document 37-17

Filed 04/29/13

Page 1 of 4

Page ID#: 216

Exhibit 17, Page 1 of 4

Case 1:12-cv-02184-CL

Document 37-17

Filed 04/29/13

Page 2 of 4

Page ID#: 217

Exhibit 17, Page 2 of 4

Case 1:12-cv-02184-CL

Document 37-17

Filed 04/29/13

Page 3 of 4

Page ID#: 218

Exhibit 17, Page 3 of 4

Case 1:12-cv-02184-CL

Document 37-17

Filed 04/29/13

Page 4 of 4

Page ID#: 219

Exhibit 17, Page 4 of 4

Case 1:12-cv-02184-CL

Document 37-18

Filed 04/29/13

Page 1 of 2

Page ID#: 220

Exhibit 18, Page 1 of 2

Case 1:12-cv-02184-CL

Document 37-18

Filed 04/29/13

Page 2 of 2

Page ID#: 221

Exhibit 18, Page 2 of 2

Case 1:12-cv-02184-CL

Document 37-19

Filed 04/29/13

Page 1 of 2

Page ID#: 222

Exhibit 19, Page 1 of 2

Case 1:12-cv-02184-CL

Document 37-19

Filed 04/29/13

Page 2 of 2

Page ID#: 223

Exhibit 19, Page 2 of 2

Case 1:12-cv-02184-CL

Document 37-20

Filed 04/29/13

Page 1 of 4

Page ID#: 224

Exhibit 20, Page 1 of 4

Case 1:12-cv-02184-CL

Document 37-20

Filed 04/29/13

Page 2 of 4

Page ID#: 225

Exhibit 20, Page 2 of 4

Case 1:12-cv-02184-CL

Document 37-20

Filed 04/29/13

Page 3 of 4

Page ID#: 226

Exhibit 20, Page 3 of 4

Case 1:12-cv-02184-CL

Document 37-20

Filed 04/29/13

Page 4 of 4

Page ID#: 227

Exhibit 20, Page 4 of 4