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RoseArters, PLLc

Post Office Box 1108 I Brentwood, Tennessee 37024


Ben M. Rose, Founder
Joshua D. Arters*
•Also licensed in Colorado

(615) 942-8295 I www.bmrfirm.com

March 20, 2019

VIA EMAIL AND U.S. MAIL

C. Chad Young
Patty & Young Law, LLC
7731 Nashville Street, Suite 201
Ringgold, Georgia 37036
chadyoung@pattylaw.com

Re: Barry Galinger, et al. v. Janet Elaine Hinds


Circuit Court for Hamilton County, Tennessee

Dear Mr. Young:

Please be advised that this law firm represents the Plaintiffs in the above-
referenced matter. Our records indicate that you serve as the registered agent for Farm to
Fork Restaurants, LLC ("Farm to Fork"). This is a preservation of evidence letter
regarding the above-referenced matter and relates to any information, including, but not
limited to, documents and video/audio/surveillance recordings, whether in hard or
electronic form, within the possession, custody, or control of Farm to Fork.

Consistent with the Tennessee Rules of Civil Procedure, Farm to Fork is hereby
given notice not to destroy, conceal, or alter any paper or electronic files and other data
generated by and/or stored on its computers and storage media (hard disks, floppy disks,
backup tapes, remote servers), or any other electronic data, such as voicemail, email, or
text messages, which relate in any way to Janet Elaine Hinds, Chattanooga Police Officer
Nicholas Galinger, video/audio recordings related to February 23, 2019, any other
video/audio recordings related in any way to Janet Elaine Hinds, sales records (food,
beverage, alcohol, etc.) for the years 2018 and 2019, employment/personnel records for
the years 2018 and 2019, alcohol sales licensure information related to Farm to Fork and
its employees/personnel for the years 2018 and 2019, and any and all other information
related to Farm to Fork's sale of alcohol to consumers during the years 2018 and 2019.

Through formal discovery, we may obtain a number of documents and things,


including files stored on Farm to Fork's computer(s), smart phones, and other electronic
devices and/or cloud-based storage servers. In order to avoid spoliation, Farm to Fork
may need to provide the data requested on the original media. Please do not re-use any
media to provide this data so as to preserve the data in its native form. Electronic
documents and the storage media on which they reside contain relevant, discoverable
information beyond what may be found in printed documents.
C. Chad Young
March 20, 2019
Page 2 of3

Therefore, even where a paper copy exists, we may seek all documents in their
electronic form along with information about those documents contained on the media.
We may also seek paper printouts of only those documents that contain unique
information after they were printed such as paper documents containing handwriting,
signatures, marginalia; drawings, annotations, highlighting and redaction, along with any
paper documents for which no corresponding electronic files exist.

We anticipate that our discovery requests may ask for certain data on the hard
disks, floppy disks, and backup media used in Farm to Fork's computer(s), some of
which data is not readily available to the ordinary computer user, such as "deleted" files
and "file fragments." As you know, although a user may attempt to "erase" or "delete" a
file, all that is really erased is a reference to that file in a table on the hard disk unless
overwritten with new data. Accordingly, the electronic data and storage media that may
be subject to our discovery requests and that Farm to Fork is obligated to maintain and
not alter or destroy, includes, but is not limited, to the following:

All digital or analog electronic files, including "deleted" files and "file
fragments," stored in machine-readable format on magnetic, optical, or other storage
media, including the hard drives or floppy disks used in your computer(s) and their
backup media (other hard drives, backup tapes, cloud-based drives, floppies, Jaz
cartridges, CD-ROMs) or otherwise, regardless of whether such files have been reduced
to paper printouts. More specifically, Farm to Fork is to preserve all of its e-mails, both
sent and received, whether internally or externally, all word-processed files, including
drafts and revisions; all spreadsheets, including drafts and revisions; all databases; all
CAD (computer-aided design) files, including drafts and revisions; all presentation data
or slide shows produced by presentation software (such as Microsoft PowerPoint); all
graphs, charts and other data produced by project management software (such as
Microsoft Project); all da~ generated by calendaring, task management, and personal
information management (PIM) software (such as Microsoft Outlook or Lotus Notes); all
data created with the use of personal data assistants (PDAs), such smart phones, tablets,
or other mobile devices; all data created with the use of document-management software;
all data created with the use of paper and electronic mail logging and routing software; all
Internet and Web-browser generated history files, caches, and "cookies" files generated
at the workstation of each employee and/or agent and on any and all backup storage
media; and any and all other files generated by users through the use of computers and/or
telecommunications, including but not limited to voicemail.

Further, Farm to Fork is to preserve any log or logs of network use by its agents,
employees, and/or otherwise, whether kept in paper or electronic form, and to preserve all
copies of its backup tapes and the software necessary to reconstruct the data on those
tapes, so there can be a complete, bit-by-bit "mirror" evidentiary image copy of the
storage media of each and every personal computer (and/or workstation) and network
server in their control and custody, as well as image copies of all hard drives retained by
Farm to Fork and no longer in service, but in use at any time from at least 2016 to the
present.
C. Chad Young
March 20, 2019
Page 3 of3

Farm to Fork is also not to pack, compress, purge or otherwise dispose of files
and parts of files unless a true and correct copy of such files is made. It is also to
preserve and not destroy any passwords, decryption procedures (including, if necessary,
the software to decrypt the files); network access codes, ID names, manuals, tutorials,
written instructions, decompression or reconstruction software, and any and all other
information and things necessary to access, view and (if necessary) reconstruct the
electronic data we may request through discovery.

We need to ensure none of the electronic data in any shape, form or fashion,
related to the above-referenced matter, is in any way destroyed or altered pending the
outcome of this dispute.

Please let me know as soon as possible if you have any questions or


misunderstand any portion of this preservation of evidence letter. Further, if additional
individuals need to receive this letter in order to preserve the evidence described herein,
please let us know so immediately.

I would appreciate your cooperation in this regard.

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