IN THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA CIVIL DIVISION DANIEL M. SNYDER, Plaintiff, v. CREATIVE LOAFING, INC., et al.

, Defendants. Next court date: July 29, 2011 Event: Initial scheduling conference Civil Action No. 2011 CA 003168 B Judge Todd E. Edelman

AFFIDAVIT OF ALIA L. SMITH, ESQ., IN SUPPORT OF DEFENDANTS SPECIAL MOTION TO DISMISS Alia L. Smith, under penalty of perjury, affirms as follows: 1. I am Of Counsel to Levine Sullivan Koch & Schulz, L.L.P., counsel for defendant

CL Washington, Inc. in the above-captioned action, and am a member in good standing of the bar of this Court. I submit this Affidavit in support of Defendants Special Motion to Dismiss pursuant to the D.C. Anti-SLAPP Act of 2010. I. EXHIBITS CITED BY DEFENDANTS IN THEIR MEMORANDUM OF POINTS AND AUTHORITIES 2. In Part I of this Affidavit (paragraphs 2-81), I identify the exhibits attached hereto

that are cited by defendants in the Memorandum of Points and Authorities filed in support of their Special Motion to Dismiss. Where a particular exhibit is voluminous or where it would otherwise be difficult for the Court to locate in the exhibit the specific matter to which defendants cite, and the passage is not otherwise quoted in the Memorandum itself, I also set forth in this Affidavit the relevant quotation from or descriptions of the exhibit in question. A. Exhibits Related Generally To The Parties And The Publication In Suit 3. Attached hereto as Exhibit 1 is a true and correct copy of the publication at issue

in this lawsuit as it appeared in the print edition of Washington City Paper dated November 19, 2010, under the headline The Cranky Redskins Fans Guide to Dan Snyder (the Commentary).

4.

Attached hereto as Exhibit 2 is a true and correct copy of the Commentary as it

was published on Washington City Papers website on November 17, 2010, which can also be found at http://www.washingtoncitypaper.com/articles/40063/the-cranky-redskins-fans-guide-todan-snyder/. 5. Attached hereto as Exhibit 3 is a true and correct copy of a page from the website

of the Association of Alternative Newsweeklies, found at http://www.altweeklies.com/aan/aboutaan/Page, on which it describes the genre of newspapers known as alternative newsweeklies. 6. Attached hereto as Exhibit 4 is a true and correct copy of a page from the website

of Wikipedia, found at http://en.wikipedia.org/wiki/Alternative_weekly, on which it offers a definition of the alternative newspaper genre. 7. Attached hereto as Exhibit 5 is a true and correct copy of a blog post authored by

Washington City Paper Managing Editor Mike Madden, published on February 2, 2011, entitled On the Matter of Dan Snyders Horns. It is available online at http://bit.ly/fViyS0.1 8. Attached hereto as Exhibit 6 is a true and correct copy of a report authored by

Jason Linkins that was published in The Huffington Post on February 2, 2011 and updated on April 4, 2011, entitled Washington Redskins Owner Dan Snyder Seeks Dismissal of Reporter Who Documented How Terrible He Was at Everything. It is available online at http://huff.to/eJF0lg. 9. Attached hereto as Exhibit 7 is a true and correct copy of a report by Carl Bialik

that appeared in the Wall Street Journals Daily Fix blog on September 2, 2008, and is available at http://on.wsj.com/jAoYnd. It reads, in relevant part, as follows: When reading Mr. McKennas latest verbal grenade lobbed at the Redskins regime of owner Dan Snyder, its hard to tell whether Mr. Snyder really is that bad to fans, or whether Mr. McKenna is just that good at digging up stories and telling them with his signature mix of irony and outrage. In this months entry, Mr. McKenna explores a theme all-too-familiar to Redskins fans: a problem with the game experience isnt fixed, but instead exploited
For the sake of brevity, I have shortened most of the comparatively long website addresses cited herein using the link shortener bit.ly. The shortened links are all operative.
1

as an unlikely business opportunity. The latest insult: Being asked to pay more to shorten waiting times for entrance. 10. Attached hereto as Exhibit 8 is a true and correct copy of blog post by Ta-Nehisi

Coates published in The Atlantic on February 3, 2011, entitled Because This Blog Could Use More Football Talk, and available at http://bit.ly/jXAKWs. 11. Attached hereto as Exhibit 9 is a true and correct copy of an article written by

Mr. McKenna entitled The Sporting Scene, and published in The New Yorker on September 7, 1998. The abstract is available at http://nyr.kr/kG3ekG. 12. Attached hereto as Exhibit 10 is an article entitled Notes from Washington; The

Mayor Picks a Fight, which was published in The New York Times on March 2, 2002, and written by Mr. McKenna. It is available online at http://nyti.ms/jsq5aG. 13. Attached hereto as Exhibit 11 is a true and correct copy of an article entitled The

Fixs Favorite Columnists From Our First Five Years, published in the Wall Street Journal on August 9, 2006, and written by Carl Bialik and Jason Fry. The article, which is available online at http://on.wsj.com/kq6qcc, identifies Mr. McKenna as one of the authors 10 favorite columnists from the last 10 years and reads, in relevant part, as follows: Dave McKenna, Washington City Paper: Mr. McKenna writes for a weekly paper, which lowers his frequency but grants him more space to write and to think things out. He uses those advantages so well that just about every one of his columns is Fixworthy, even though many of them are intensely local in a city that hasnt had many sports successes in the last five years. In 2003, Mr. McKenna told the story of local hoops prodigy Kendall Marshall, who weighed 82 pounds, was 11 years old, and was already being hyped as the next LeBron James (back when Mr. James was a high-school player, not one of the NBAs best players). Mr. Marshall, incidentally, is now six feet and hit six consecutive three-points at a recent youth tournament. And last year, Mr. McKenna profiled a local businessman who inserted himself, Zelig-like, into a Washington Nationals press conference to ask a pointed question about steroids. 14. Attached hereto as Exhibit 12 is a true and correct copy of a print-out from the

website of the Association of Alternative Newsweeklies, also available at http://bit.ly/j1SEIp, reporting that Mr. McKennas Washington City Paper column was named Best Column by the organization in 2002. 3

15.

Attached hereto as Exhibit 13 is a true and correct copy of a letter from David

Donovan, General Counsel of the Washington Redskins, to Atalaya Capital Management, L.P., dated November 24, 2010. 16. Attached hereto as Exhibit 14 is a true and correct copy of a letter from Curtis

Krasik, counsel for Atalaya, to David Donovan, dated December 7, 2010. 17. Attached hereto as Exhibit 15 is a true and correct copy of an open letter from

Amy Austin, the publisher of Washington City Paper, to the papers readers, dated February 2, 2011. It is available online at http://bit.ly/gbKbVZ. 18. Attached hereto as Exhibit 16 is a true and correct copy of a follow-up letter to

readers from Ms. Austin dated February 23, 2011, and available online at http://bit.ly/f0JgZu. 19. Attached hereto as Exhibit 17 is a true and correct copy of an Op-Ed column by

Daniel Snyder published in the Washington Post on April 25, 2011, entitled Why I am suing Washington City Paper. It is available online at http://wapo.st/fmXJEj. 20. Attached hereto as Exhibit 18 is a true and correct copy of a report by Jason Reid

published in the Washington Post on February 9, 2011, entitled With his lawsuit against Washington City Paper, Daniel Snyder continues to put the Redskins in a negative light. The report, which can also be found online at http://wapo.st/eVVSrb, states, in relevant part that, once the lawsuit became public, Snyder participated in many interviews with print, television and radio outlets; that Mr. Snyder made the highly unusual move of revealing [Redskins PR chief Tony] Wyllie was the force behind the legal action; and that Mr. Snyder had stress[ed] that Wyllie felt very strongly about this . . . and I went with his advice. It was a tough decision for me to agree and go along with this. He said, Look, youre going to take a lot of heat temporarily, but youve got to do whats right. And I said, Okay. I went with my guy. 21. Two of Mr. Snyders post-lawsuit television appearances may be seen through the

following links: http://bit.ly/jBIbF4 (NBC 4 appearance on May 26, 2011) http://bit.ly/lZf1gN (FOX 5 appearance on May 26, 2011) 4

22.

Attached hereto as Exhibit 19 is a true and correct copy of a blog post by Dan

Steinberg published in the Washington Post on April 28, 2011, entitled Redskins Say City Paper Lawsuit Was a Warning to the Media. The post is available online at http://wapo.st/jSGVcr. It reports Mr. Wyllies comment made at a panel on Ethics in Sports Media at the University of Maryland: Some people ask, Well, are you firing a warning shot to other members of the media? And Id probably say yes. 23. Attached hereto as Exhibit 20 is a true and correct copy of a report by Jason

Linkins published in The Huffington Post on April 28, 2011, entitled Dan Snyders Flack Admits Lawsuit Is A Warning Shot To The Media. This report is available at http://huff.to/lD13R8. 24. Audio of an appearance by Redskins Communications Director Tony Wyllie and

its General Counsel David Donovan on the radio program The LaVar Arrington Show may be heard at http://cbsloc.al/l4wxOm. 25. Attached hereto as Exhibit 21 is a true and correct copy of an article entitled

Redskins owner Dan Snyder wants a public apology by Kristi King, published on wtop.com on April 26, 2011, and available at http://bit.ly/efsqxB. This article contains quotations attributed to Mr. Snyders counsel in this action, Patricia Glaser. 26. Audio and video of some of Ms. Glasers radio and television appearances can be

found through the following links: 27. http://cbsloc.al/ko4IGE (LaVar Arrington Show on CBS Radio/106.7) http://cbsloc.al/mgSBYS (The Sports Junkies on CBS Radio/106.7) http://bit.ly/m2kVMR (FOX 5) http://wj.la/eGNyLa (WJLA 7) http://bit.ly/jn9Kcq (NBC 4)

Attached hereto as Exhibit 22 is a true and correct copy of an Associated Press

report entitled Redskins Daniel Snyder refiles lawsuit, dated April 26, 2011, which also contains a statement attributed to Ms. Glaser. The report is available at http://es.pn/dSFkDj.

28.

Attached hereto as Exhibit 23 is a true and correct copy of an article by Paul

Farhi, published in the Washington Post, entitled Redskins owner Daniel Snyder moves defamation lawsuit to D.C., dated April 26, 2011. This article is available at http://wapo.st/eR5MKX. It reports, in relevant part, that when Ms. Glaser was asked about Mr. Snyders chances of winning the lawsuit, she replied that it depended on how the Redskins do this year. 29. Attached hereto as Exhibit 24 is a true and correct copy of a report by Mike

Florio, published on profootballtalk.nbcsports.com, entitled Redskins defend decision to sue City Paper, dated February 15, 2011. This report is available at http://bit.ly/hER0uE. It reports statements made in the course of an interview with Mr. Wyllie in which he is quoted as having stated, in relevant part, that the real goal of the lawsuit could be to put other publications on notice that Snyder will no longer remain silent when he is criticized with untrue facts serving as the ammo. 30. Video of an interview of Mr. Snyder with Mike Florio of

profootballtalk.nbcsports.com entitled PFT Live Extra: Snyder sounds off, dated February 6, 2011, can be seen at,http://bit.ly/mi55hA. In the interview, Mr. Snyder stated, in relevant part: I think that enough is enough. And that said, its not a big deal to me, and Tony Wyllie felt very strongly that we have to do that, because you cant be called a thats terrible, and my God, its just wrong, so that was it. 31. Attached hereto as Exhibit 25 is a true and correct copy of an article by

Congressman Steve Cohen, published by Roll Call on May 23, 2011, entitled Cohen: Protect Free Speech by Combating SLAPPs. This article is available at http://bit.ly/mtx3qA. Referring specifically to this lawsuit, Representative Cohen wrote, in relevant part, that Mr. Snyders own attorney seemed to acknowledge [that] the true intention of his lawsuit . . . [is] to silence and harass Washington City Paper. 32. Act of 2010. 6 Attached hereto as Exhibit 26 is a true and correct copy of the D.C. Anti-SLAPP

33.

Attached hereto as Exhibit 27 is a true and correct copy of the Committee Report

on Bill 18-893 (November 18, 2010). 34. Attached hereto as Exhibit 28 is a true and correct copy of a Complaint, without

exhibits, filed by Mr. Snyder in New York State Court against Atalaya and Creative Loafing, Inc. 35. Attached hereto as Exhibit 29 is a true and correct copy of Mr. Snyders

Memorandum in Support of his Motion to Dismiss in Jenkins v. Snyder, No. 00CV2150 (E.D. Va.). 36. Attached hereto as Exhibit 30 is a true and correct copy of Mr. Snyders Reply

Memorandum of Law in Support of his Motion to Dismiss in Jenkins v. Snyder. 37. Attached hereto as Exhibit 31 is a true and correct copy of Plaintiffs discovery

requests to Mr. McKenna in this action. 38. Attached hereto as Exhibit 32 is a true and correct copy of Plaintiffs discovery

requests to CL Washington, Inc. in this action. 39. Attached hereto as Exhibit 33 is a true and correct copy of Plaintiffs subpoena to

Washington Post reporter Dan Steinberg in this action. 40. Attached hereto as Exhibit 34 is a true and correct copy of Plaintiffs subpoena to

the Washington Post in this action. B. Exhibits Related To Slamming/Forgery At Snyder Communications 41. Attached hereto as Exhibit 35 is a true and correct copy of a press release issued

by Snyder Communications dated December 17, 1997, available at http://bit.ly/mEJ8EQ. The press release announces a contract between Snyder Communications and GTE under which Snyder Communications would provide telemarketing services to consumers for GTEs telephone service. 42. Attached hereto as Exhibit 36 is a true and correct copy of an agreement entered

into between Snyder Communications, GTE and the Office of the Attorney General of the State

of Florida on April 23, 2001, settling allegations of slamming and forgery in connection with the services provided by Snyder Communication to GTE. 43. Attached hereto as Exhibit 37 is a true and correct copy of a press release issued

by the Florida Office of Attorney General about the settlement referred to in the preceding paragraph, entitled Companies to Pay $3.1 Million to Settle Slamming Allegations. The press release is also available at http://bit.ly/dYxUQ6. 44. Attached hereto as Exhibit 38 is a true and correct copy of excerpts from the

sworn testimony of Ruben Rios, a District Manager for Snyder Communications, taken during the course of the Florida Attorney Generals investigation of Snyder Communications and GTE. Mr. Rios testified, in relevant part, to the following: a. The Sarasota and West Palm Beach offices of Snyder Communications

were closed down in 1998 due to the large number of slamming complaints, and there were problems in all of the [companys] offices in South Florida (Ex. 38 at 35 (part 1)); b. Some marketers employed by Snyder Communications used the social

security numbers for deceased individuals, which they had obtained through their former employment at cemeteries or funeral homes, to achieve their sales quotas (id. at 32 (part 1), 21 (part 2)); c. Mr. Rios terminated approximately three to four sales associates from

each office per week for forging signatures (id. at 14-15 (part 2)); and d. Mr. Rios responded to questions concerning whether Mr. Snyder was

aware of the slamming by his company at issue in the proceeding as follows: Im sure he knew. He had to have known. (Id. at 62-63 (part 2).) 45. Attached hereto as Exhibit 39 is a true and correct copy of a letter from Michele

D. Snyder, President and COO of Snyder Communications, Inc. (and, on information and belief, sister of Daniel Snyder) to Pamela S. Jacobsen [sic], GTE, dated November 11, 1998. 46. Attached hereto as Exhibit 40 is a true and correct copy of a letter from P.

Jacobson to M. Snyder, dated November 17, 1998. It states, in relevant part: We have 8

conducted a thorough review of the current circumstances, which include formal PUC complaints averaging 30 per month for the last three months. We believe complaints of this level create an unacceptable level of exposure for both GTE and Snyder. 47. Attached hereto as Exhibit 41 is a true and correct copy of a letter from Mark

Fistos, Assistant Attorney General for the State of Florida, to Robert P. Avolio, counsel for Snyder Direct Services, dated May 16, 2000. It states, in relevant part: In light of the foregoing, Rob, I was incredulous to receive a letter from you today in which you stated you were willing to accommodate us in any possible way. Snyder has been everything but accommodating and cooperative in our investigation. 48. Attached hereto as Exhibit 42 is a true and correct copy of an Associated Press

report entitled Verizon fined $3.1 million for telephone slamming, dated April 27, 2001, and available at http://bit.ly/kEdUI0. The report states, in relevant part: Verizon and its former marketing agency, at the time owned by Washington Redskins owner Daniel Snyder, were fined $3.1 million for illegally switching Florida customers long distance telephone service without authorization. The state Attorney Generals Office said representatives of Bethesda, Md.-based Snyder Communications forged thousands of customer signatures to switch them to service provided by GTE, which is now Verizon. The state has received more than 3,000 complaints of slamming involving Snyder Communications and Verizon . . . Snyder, now owned by Paris-based Havas Advertising, told state officials that previous managers are no longer with the company, including Daniel Snyder. 49. Attached hereto as Exhibit 43 is a true and correct copy of an article published in

The St. Petersburg Times on April 26, 2001, which is available at http://bit.ly/l42Gsd. This article reported, in relevant part, that a Verizon spokesperson said that Verizon would refuse to contribute toward the $2.5-million settlement because it believes [that the fine] is Snyders responsibility.

50.

Attached hereto as Exhibit 44 is a true and correct copy of a column published in

the St. Petersburg Times on April 27, 2001, entitled Fatal helicopter crash fraught with murky explanations. It is also available at http://bit.ly/jVVW4u. The column states, in relevant part, that the Florida Attorney Generals Office: tweaked Verizon and its former marketing agent called Snyder Communications with a record total fine of $3.1-million over thousands of cases of slamming switching long-distance service without a customers permission. And just who is Snyder? When the slamming occurred, the company was run by Daniel Snyder who leveraged his corporate wealth to buy the Washington Redskins football team . . . 51. Attached hereto as Exhibits 45 - 47 are true and correct copies of other articles

concerning the slamming allegations against Snyder Communications: 52. Deborah Circelli, Verizon, Marketer Slammed With Fine, The Palm Beach Post, April 26, 2001 (Exhibit 45) Cherie Jacobs, Verizon settles slamming inquiry, Tampa Tribune, April 26, 2001 (Exhibit 46) Verizon and Fla. Attorney Generals Office reached agreement, Communications Daily, April 27, 2001 (Exhibit 47)

Attached hereto as Exhibit 48 is a true and correct copy of a settlement offer from

GTE to the Florida Public Services Commission (PSC) dated December 16, 1999. It states, in relevant part: [s]ubstantially all of the . . . slamming complaints against GTE arose from the activity of . . . Snyder Communications, Inc., which GTE had hired primarily to help execute a business strategy focusing on multicultural markets. 53. Attached hereto as Exhibit 49 is a true and correct copy of an article by Michael

Braga entitled Slamming fine for Verizon approved, published in the St. Petersburg Times on July 12, 2000. It is also available at http://bit.ly/g9hk3j. In relevant part, the article quotes counsel for the Florida Office of Public Counsel (OPC) as saying that the [initially proposed] penalty should be higher because Snyder Communications was involved in the forgery of customer signatures. And GTE was aware that the forgeries were going on for a long time before they stopped using Snyder as its direct marketing company. 10

54.

Attached hereto as Exhibit 50 is a true and correct copy of a Prehearing Statement

filed by the Florida OPC, which is also publicly available on its website. In the Prehearing Statement, OPC states, in relevant part, that its basic position is that GTE/Verizon allowed its agent Snyder Communications, Inc. to forge the signature of thousands of Floridians during 1998 and to commit other fraudulent acts and that we will . . . never accurately know the total number of Floridians subjected to these fraudulent activities, but a conservative, low-end estimate is that 3000 Floridians were willfully slammed by [GTE], . . . and probably a lot more. 55. Attached hereto as Exhibit 51 is a true and correct copy of excerpts from the

sworn testimony of Ray Kennedy, a Utility Systems/Communications Engineer Supervisor for the Florida PSC, given in connection with its investigation. This transcript is also publicly available on PSCs website. Mr. Kennedy testified, in relevant part, that the investigation covered the period December 15, 1997 through September 30, 1999, and that Verizon representatives acknowledged that there was a problem and that the consumers complaints stemmed from the actions of one marketing firm (Snyder Communications, Inc.). 56. Attached hereto as Exhibit 52 is a true and correct copy of excerpts from the

sworn testimony of Christopher D. Owens, the Group President of Verizon Select Services, given in connection with the PSC investigation. This transcript is also publicly available on PSCs website. Mr. Owens testified, in relevant part, that [s]ubstantially all of the complaints giving rise to this proceeding arose from the activities of just one of [GTEs] independent contractors, Snyder Communications, Inc. 57. Attached hereto as Exhibit 53 is a true and correct copy of a settlement

agreement, dated December 2001, between GTE/Verizon and the Florida PSC. It is also publicly available on PSCs website. 58. Attached hereto as Exhibit 54 is a true and correct copy of the Order Approving

Verizon Select Services Incs [GTE] Settlement Offer. It is also publicly available on PSCs website. 11

59.

Attached hereto as Exhibit 55 is a true and correct copy of a column entitled

Righting wrongs, under cover of darkness, written by Howard Troxler and published in the St. Petersburg Times on April 25, 2001. It is available at http://bit.ly/lyTaRu. It states, in relevant part: The story begins in January 1998. GTE began using a Marylandbased company, Snyder Communications Inc., to sell long distance service to ethnic communities. The records [released by the PSC] do not say which ethnic groups were targeted, although one document makes reference to the holiday of Cinco de Mayo. Complaints began at once. According to testimony, some customer signatures were forged. Some names signed to the required letter of authorization belonged to dead people. Apparently enough dead people were signed up to justify a deceased category on GTEs form for handling slamming complaints. . . . There is nothing in the record to suggest that GTE authorized or approved of these practices. Just the opposite. GTE officers met with Snyder repeatedly and imposed new policy after new policy. By November 1998, GTE told Snyder to stop selling long distance. The next month, GTE officials notified the state they turned themselves in. 60. Attached hereto as Exhibits 56 - 59 are true and correct copies of additional

articles reporting on the Florida PSCs investigation: C. Nicole Ostrow, Telephone Customers Still Being Slammed, Orlando Sentinel, February 3, 2002, available at http://bit.ly/mroKkc (Exhibit 56) Slamming Settlement Inadequate, Sun Sentinel, July 14, 2000, available at http://bit.ly/jMftwH (Exhibit 57) Leslie Hillman, GTE Cuts A Deal on Florida Slamming Fines, Sun Sentinel, July 12, 2000, available at http://bit.ly/j65zgB (Exhibit 58) Leslie Hillman, GTE Settlement Put to Vote, Sun Sentinel, July 11, 2000, available at http://bit.ly/kQ7APY (Exhibit 59)

Exhibits Related To Mr. Snyders Tree Cutting 61. Attached hereto as Exhibit 60 is a true and correct copy of a report issued by the

Office of the Inspector General of the U.S. Department of the Interior titled Investigative Report on Allegations that the National Park Service Improperly Allowed Daniel Snyder to Cut Trees on Government Land. It is available online at http://wapo.st/l9c5Sf. 12

62.

Attached hereto as Exhibit 61 is a true and correct copy of an article published in

the Washington Post on May 18, 2006, entitled Parks Official Is Blamed In Snyder Tree Cutting by Tim Craig. This article is also available at http://wapo.st/ikrrQe. 63. Attached hereto as Exhibit 62 is a true and correct copy of an editorial published

in the Washington Post on May 21, 2006. The editorial states: LETS HAVE a show of hands! If you needed government approval to disregard federal environmental laws, do you believe the half-dozen U.S. officials crucial to granting your wish would leave their downtown offices and journey to your suburban estate to work with you? What do you think your chances of gaining their approval would be if the deal you sought could harm the Chesapeake and Ohio Canal National Historical Park? Of course, we all know the answers. There would be no home visits from the feds, and the deal would be dead on arrival. But then you are not Daniel M. Snyder, owner of the Washington Redskins. You are unlikely to draw the undivided attention of the National Park Service directors special assistant, P. Daniel Smith, whose job at the time was to attend to the needs of special-interest groups, Cabinet-level officials, Congress and, apparently, other VIPs. Because of who Mr. Snyder was and the Park Services desire to accommodate his interests even against the advice of agency biologists and horticulturists the Redskins owner received written agreement to cut down more than 130 trees on a hillside between his Potomac estate and the C&O Canal. The Interior Department inspector generals office said the agreement with Mr. Snyder left the Park Service vulnerable to charges of favoritism. How could the inspector general rule otherwise? Mr. Snyder desired to gain a better view of the Potomac River by removing the trees behind his estate, some of which were reportedly nonnative species or diseased. The Park Services biologists and horticulturalists advised against approving Mr. Snyders request, The Posts Tim Craig reports, contending that clearing the area would make it more likely that nonnative, invasive species would take over the hillside, cause erosion and hurt the environment. An enhanced view of the river, they argued, should not come at the expense of 50,000 square feet of mature trees. Unfortunately, Mr. Smith, who learned firsthand of Mr. Snyders wish to cut the trees while having lunch at the Snyder estate, pressured lower level officials to approve the deal even though it disregarded federal environmental laws and harmed the C&O Park, according to the inspector generals report. So where do matters stand? Mr. Snyder got his deal and cut down the trees two years ago, without obeying the National Environmental Policy Act, which requires federal agencies to consider the impact of proposed land-use decisions. Mr. Smith, the 13

enabler, has moved upward and onward to the superintendency of Colonial National Historical Park with a letter of reprimand in his personnel file for overstepping his discretion. And as predicted by the Park Services biologists and horticulturalists, the tree removal has caused the hill behind Mr. Snyders house to erode; hes now seeking Montgomery County approval to shore up a retaining wall in danger of crumbling into the canal. When will lunch be served? 64. Attached hereto as Exhibit 63 is a true and correct copy of a report by Nick

Coleman entitled Mascots get more ink than museums, published in the Minneapolis Star Tribune on August 12, 2005. It states, in relevant part: I have started calling Redskins owner Daniel Snyder The Vandal. Snyder, a gazillionaire, pressured the National Park Service (and offered it money) so he could cut down 130 trees on park property (violating the law) that blocked his view of the Potomac River. 65. Attached hereto as Exhibit 64 is a true and correct copy of a letter dated January

17, 2002, from Callum Murray (Potomac Team Leader, Community Based Planning for the Maryland-National Capital Park and Planning Commission (M-NCPPC)), to counsel for Mr. Snyder. The letter states, in relevant part: [S]uch clearing is not permitted under the existing exemption and would not likely be permitted under a separate exemption request. 66. Attached hereto as Exhibit 65 is a true and correct copy of a letter dated February

27, 2004, from Kevin Brandt, Superintendent of the C&O Canal National Historical Park, National Park Service, to Mr. and Mrs. Snyder. The letter states, in relevant part: Currently, Montgomery County holds a temporary no-cutting Conservation Easement over lands you are requesting to do work on, so any authorization we give will still need to be submitted to the county for approval. Ex. 65 at 1-2. 67. Attached hereto as Exhibit 66 is a true and correct copy of an email from Dominic

Quattrocchi (Senior Planner, Certified Arborist, M-NCPPC) to Callum Murray and Katherine Nelson dated May 19, 2006. The email states, in relevant part: I have genuine concern that todays Washington Post article is misleading and inaccurate in that it completely neglects a very key issue. The article, though making an apparent case for favoritism or inappropriateness on the part of the Snyder request relative to 14

the NPS response, ignores a key point in that Dan Snyder knew that he did not and would get local approval for the subsequent clearing of trees along the Chesapeake and Ohio Canal slope. The NPS permit clearly stated that clearing would still require State and Local approval. Dan Snyder knew full well that M-NCPPC would not allow these actions based on several meeting[s] and discussions with staff and based on official correspondence from Callum, and an approved Tree Save Plan for the Snyder Property. The line in the Washington Post article: The report does not accuse Snyder of doing anything improper when he got permission to clear 50,000 square feet of mature trees and replace them with saplings. But it does suggest that he had access to top Park Service officials that other citizens might not have had gives the impression of exonerating Dan Snyder. M-NCPPC jurisdiction and authority and state Forest Conservation regulations and the fact these issues were clear[ly] discussed with the Snyders and their representatives appear no where in this front page article. It is my opinion that M-NCPPC officially respond to this story so as to more accurately reflect the facts and our position. Federal Jurisdiction does not negate local authority. 68. Attached hereto as Exhibit 67 is a true and correct copy of an inspection report

from M-NCPPC dated December 27, 2004. The report states, in relevant part: NPS has granted permission to perform the work (including removal of native trees), however no permission has been granted by M-NCPPC. Citation issued, M-NCPPC to follow up with additional requirements/penalties. 69. Attached hereto as Exhibit 68 is a true and correct copy of the settlement

agreement (without attachments), dated August 25, 2005, between Daniel and Tanya Snyder, on the one hand, and M-NCPPC, on the other. D. Exhibits Related To Mr. Snyders Departure From The Six Flags Board 70. Attached hereto as Exhibit 69 is a true and correct copy of an article by Karen

Brettell, entitled Six Flags risks bankruptcy as debt maturity looms, published by Reuters on March 12, 2009, and also available at http://reut.rs/jZd659. The article reports, in relevant part: It is clear in the current credit market that refinancing of these issues will be nearly impossible, Barbara Cappaert, an analyst at KDP Investment Advisors, said in a report on Tuesday. 15

71.

Attached hereto as Exhibit 70 is a true and correct copy of an article by Thomas

Heath entitled Six Flags Declares Bankruptcy, Will Keep Parks Open, published in the Washington Post on June 14, 2009, and also available at http://wapo.st/173qEB. The article states, in relevant part, that [t]heme park operator Six Flags, chaired by Washington Redskins owner Daniel M. Snyder, declared bankruptcy yesterday after failing to reach a deal with lenders on $2.4 billion in debt and that Snyder took control of the company after a bitter proxy fight in 2005. 72. Attached hereto as Exhibit 71 is a true and correct copy of an article by Brian

Baxter entitled Bankruptcy Rollercoaster Over: Six Flags Headed for Chapter 11 Exit, published in The AmLaw Daily on April 29, 2010, and also available at http://bit.ly/cDhnwO. The article reports, in relevant part, that the current reorganization plan in place states that . . . the company cannot appoint Snyder as a director without the consent of Six Flags new owners. 73. Attached hereto as Exhibit 72 is a true and correct copy of an article by Thomas

Heath entitled Snyder Leaving Six Flags Board, published in the Washington Post on May 1, 2010, which is also available at http://wapo.st/aZKicR. The article reports, in relevant part, that Six Flags stock had declined precipitously over several years as the company struggled; that [u]nder the [bankruptcy] reorganization plan, Snyder could not be reappointed to the board without the consent of those junior bondholders; and that, in 2008, [Six Flags] said it would no longer pay a dividend to holders of certain preferred shares for the second consecutive quarter. The company was delisted from the New York Stock Exchange. 74. Attached hereto as Exhibit 73 is a true and correct copy of an article by Randall

Chase entitled Six Flags bankruptcy fight reaches settlement, published by the Associated Press on April 29, 2010, which is also available at http://bit.ly/k2nxja. The article reports, in relevant part: The reorganization plan states that current CEO and former ESPN executive Mark Shapiro will be among the initial board members and will be entitled to appoint one other director. But it also states that Shapiro cannot appoint Snyder, who like other shareholders does not stand to recover anything in the bankruptcy, without the consent of the new owners. 16

75.

Attached hereto as Exhibit 74 is a true and correct copy of a column by Mitchell

Schnurman entitled Rangers, Six Flags Took Similar Path to Rebirth in Arlington, published in the Dallas Fort-Worth Star Telegram on August 21, 2010. The column states, in relevant part: [A]nnual attendance [at Six Flags] declined by almost 10 million [after Mr. Snyder took over as Chairman], or more than 29 percent, in four years. Forget about covering interest payments in that environment. 76. Attached hereto as Exhibit 75 is a true and correct copy of excerpts from Six

Flags initial bankruptcy reorganization plan, filed with the U.S. Bankruptcy Court for the District of Delaware on July 22, 2009. 77. Attached hereto as Exhibit 76 is a true and correct copy of a motion by one of the

holders of Six Flags Preferred Income Equity Redeemable shares, Resilient Capital Management, to appoint a trustee to oversee Six Flags during reorganization, filed with the U.S. Bankruptcy Court for the District of Delaware on February 11, 2010. The motion argues, in relevant part, that members of the then-current management of Six Flags, including Mr. Snyder, were wholly inappropriate parties to supervise the [company] through this reorganization, id. at 2, 1; that the management team should not be kept in place especially when it was the same management teams incompetence and double dealing that led the company into bankruptcy in the first place, id. at 10, 32; and that the business community has little or no confidence that the [companys] management, which drove [Six Flags] into bankruptcy based on their poor decision-making, should be permitted to continue to run the [companys] affairs, id. at 12, 44. 78. Attached hereto as Exhibit 77 is a true and correct copy of Objections to one of

the proposed reorganization plans submitted to the U.S. Bankruptcy Court for the District of Delaware by the Official Committee of Unsecured Creditors on March 1, 2010. The Objections, in relevant part, accused Six Flags management of grant[ing] members of senior management new, more lucrative employment contracts that reserved for itself millions of dollars in cash and stock bonuses upon the [companys] exit from bankruptcy, id. at 35, and alleged that Six

17

Flags management undervalued the company, which had the effect of inflating the windfall for members of management upon Six Flags emergence from bankruptcy, id. at 36-44. 79. Attached hereto as Exhibit 78 is a true and correct copy of excerpts from the order

of the U.S. Bankruptcy Court for the District of Delaware of April 29, 2010, approving the final Six Flags bankruptcy reorganization plan and excerpts from that plan. The plan provides, in relevant part, that Mark Shapiro, who was then the CEO of Six Flags, would remain on the board of the reorganized company and would have the power to appoint another director, but that such remaining director shall not be Daniel M. Snyder without the consent of the Majority Backstop Purchasers. 80. Attached hereto as Exhibit 79 is a true and correct copy of excerpts from a Form

8-K filed with the SEC in connection with the reorganization plan, which is also available online at http://bit.ly/ll4yJ3. The Form 8-K states, in relevant part, that Mark Shapiro shall serve as an initial director and shall be entitled to appoint the remaining director; provided, however, that such remaining director shall not be Daniel M. Snyder without the consent of the Majority Backstop Purchasers. 81. Attached hereto as Exhibit 80 is a true and correct copy of a blog post by Dave

McKenna published by Washington City Paper on May 28, 2010, entitled SIX Flagging PostDan Snyder Era Opens Today at Six Flags, which is also available at http://bit.ly/aqpicu. The post states, in relevant part, that Mr. Snyder got booted out as chairman of the board, and that he got the official heave ho. II. EXHIBITS RELATED TO PORTIONS OF THE COMMENTARY THAT MR. SNYDER HAS NOT SUED UPON 82. In Part II of this Affidavit (paragraphs 82-211), I identify, by quotation, the

specific portions of the Commentary in Washington City Paper that Mr. Snyder has not sued upon in this action. In connection with each such quotation, I identify each of the previously published reports or otherwise publicly available material attached as an exhibit hereto. Where a particular exhibit is voluminous or where it would otherwise be difficult for the Court to locate in 18

the exhibit the specific matter to which defendants cite, I also set forth in this Affidavit the relevant quotation from or descriptions of the exhibit in question. The quotations from the Commentary to which each exhibit relates are set forth in boldface headings. A. Weve been told a new Dan Snyder walks among us. The line thats been in heavy rotation out of Redskins Park (and Snyders wholly-owned media empire) all season holds that hes letting football people run the football team. Ex. 1 at 17. Attached hereto as Exhibit 81 is a true and correct copy of a blog post dated July

83.

16, 2010, by sports writer John Feinstein (who has written sports books, including A Season on the Brink, and who contributes to the Washington Post, ESPN, Sports Illustrated, and other publications), and available at http://bit.ly/bPMBre. The blog states, in relevant part (and with emphasis added): It finally occurred to Snyder that being the most hated man in Washington wasnt really a good thing and he has been trying to rehab his image this offseasonstaying in the background during free agent signings; talking to the media on occasion (almost always at a charity event so people HAVE to mention that a billionaire is doing charity work as if that somehow makes him a good guy) even jettisoning his long-time pit-bull PR guy who loved threatening the media members with banishment from Redskins Park if they didnt behave properly. 84. Attached hereto as Exhibit 82 is a true and correct copy of an article by Jason

Reid, published in the Washington Post on September 27, 2010, entitled Washington Redskins lose to St. Louis Rams despite injury to Steven Jackson, which is also available at http://wapo.st/aJR47u, in which Mr. Snyder is described by the author as having moved into the background. 85. Attached hereto as Exhibit 83 is a true and correct copy of an article by Tom

Robinson published in the Virginian Pilot on September 9, 2010, entitled Can new Redskins Regime earn playoff spot?, which is also available at http://bit.ly/csZelE. The article states, in relevant part (and with emphasis added): [A]n experienced general manager, Bruce Allen, is in the executive suite. New offensive and defensive schemes are in the game plan. Six-time Pro Bowl quarterback Donovan McNabb is in the huddle. Owner Dan Snyder, famous for meddling, has claimed hes in the 19

background. And Shanahan, who won Super Bowls with the Denver Broncos in '97 and '98, is on the field. B. His wife, Tanya Snyder, is out selling the transformation too. Last week she went on local TV to tell an interviewer that he is now surrounded by better people, and that hes grown and hes evolved. Ex. 1 at 17. Attached hereto as Exhibit 84 is a true and correct copy of a blog post published

86.

on the Washington Posts Sports Bog blog by Dan Steinberg entitled Tanya Snyder: Redskins owner has better people around him now, dated November 11, 2010, and available at http://wapo.st/9mBcEK. This blog post includes embedded video of an interview given by Mrs. Snyder. C. 8-3: Record Marty Schottenheimer posted in the last 11 games of the 2001 season, his first as head coach of the Washington Redskins. Snyder fired him anyway. Ex. 1 at 17. Attached hereto as Exhibit 85 is a true and correct copy of an article by Mike

87.

Freeman entitled PRO FOOTBALL; Redskins Fire Schottenheimer and May Hire Spurrier to Replace Him, published in The New York Times on January 14, 2002, which is also available at http://nyti.ms/lJOWgw. The article states, in relevant part: Schottenheimer was fired just hours after he and his agent, Tom Condon, met with the Redskins principal owner, Daniel Snyder and Schottenheimer finished his first season with the Redskins with an 8-8 record after an 0-5 start. 88. Attached hereto as Exhibit 86 is a true and correct copy of an article entitled

Schottenheimer out, Spurrier in for Redskins, published on ESPN.com on January 14, 2002, and available at http://bit.ly/jXGfPJ. The article states, in relevant part, that Redskins owner Daniel Snyder and coach Marty Schottenheimer just couldnt find a middle ground; that Schottenheimer was fired; and that former Redskins coach Joe Gibbs had an 0-5 start and an 8-8 record in his first season, and took the team to the Super Bowl the next year. D. $10: Amount Snyder charged fans for admission to the teams workouts during the 2000 training camp at Redskins Park in Ashburn. He also charged another $10 to park, thereby becoming the first owner in NFL history to use team practice as a gouging mechanism. Ex. 1 at 17.

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89.

Attached hereto as Exhibit 87 is a true and correct copy of an article by

Mr. McKenna entitled Breaking Camp, published in Washington City Paper on July 21, 2000, and available at http://bit.ly/lrOu6a. A hyperlink in the online version of the Commentary directs readers to this report, which describes the new $10 admission and $10 parking fees for spectators at Redskins training camp and observes that Mr. Snyders new camp setup is, just as hes billed it, a good thing for any Skins booster hard-core enough to actually want to watch the big boys hurry up and wait through two-a-days. 90. Attached hereto as Exhibit 88 is a true and correct copy of an article by Curtis

Eichelberger entitled Redskins Training Camp Admission Charge: An NFL Trend?, published in the Los Angeles Times on August 6, 2000, and also available at http://lat.ms/m8d3gZ. The article states, in relevant part, that with the $10 admission charge and $10 parking fee, Washington Redskins owner Daniel Snyder became the first to charge fans to watch summer practice. 91. Attached hereto as Exhibit 89 is a true and correct copy of an article entitled Pay-

per-view Practice; Redskins Charging Fans to Watch Training Camp, published on CNNSI.com on July 20, 2000, and available at http://bit.ly/laLxCq. The article, in relevant part, quotes Redskins receiver Albert Connell as saying, I dont know if Id pay $10 to watch a practice. E. $20: Price Snyder affixed to Redskins Mania, the first Redskins scratch lottery ticket in 2009, making it as expensive as any scratcher ever offered by the Virginia Lottery. The campaign flopped. Ex. 1 at 17. Attached hereto as Exhibit 90 is a true and correct copy of an article by

92.

Mr. McKenna entitled Dan Snyders Bad-Luck Lottery: The Redskins Scratch-off Game Didnt Work Out, Either, published in Washington City Paper on June 25, 2010, and available at http://bit.ly/iM5nuj. A hyperlink in the online version of the Commentary directs readers to this article, which quotes a Virginia Lottery spokeswoman as saying the Redskins Mania scratchoff game was discontinued after selling only about 37 percent of the 3.8 million tickets printed and acknowledging that the $20 price point was a bit of a barrier.

21

F.

$25: Price Snyder charged for a special group of standing-room-only tickets at FedEx Field in 2008. The cheap tickets were linked to the high-priced suites; lobbying watchdogs said Snyder was merely attempting to skirt congressional gift limits. Damning evidence: A team brochure for instructing ticket sales personnel to explain lobbying loopholes to suite customers. Snyder denied the charge. SRO tickets now sell for $152.50, with no mention of lobbying in the sales pitch. Ex. 1 at 17. Attached hereto as Exhibit 91 is a true and correct copy of an article by Jeffrey H.

93.

Birnbaum entitled Seats of Power, A Return to Skybox Lobbying?, published in the Washington Post on May 14, 2008, which is also available at http://wapo.st/m8oD8t. A hyperlink in the online version of the Commentary directs readers to this article, which reports, in relevant part, that a Redskins organization handout discussing a newly enacted ethics law stated that congressional officials could purchase a $25 standing-room-only ticket and then accept a guest pass to a skybox. The article quotes several lobbying law experts as expressing skepticism that the practice would be allowable under the ethics laws. G. $30: Price Snyder charges for a doll of Fox Sports Cleatus the Robot in Redskins colors. Same doll is available on Foxs website for $23.96. Ex. 1 at 17. Attached hereto as Exhibit 92 is a true and correct copy of a blog post by

94.

Mr. McKenna entitled Dan Snyder Charges Redskins Fans a 20% Tax!, published on Washington City Papers website on August 5, 2010, and available at http://bit.ly/9o4kiK. A hyperlink in the online version of the Commentary directs readers to this post, which reports that a Cleatus the Robot doll was for sale on Redskins.com for $30, while an identical doll was sold online at the Fox Sports website for $24.95. 95. Attached hereto as Exhibit 93 is a true and correct copy of a blog post by Jamie

Mottram entitled The Redskins Store Actually Sells This, published on Misterirrelevant.com on August 4, 2010, and available at http://bit.ly/bnV707. A hyperlink in the online version of the Commentary directs readers to this post, which characterizes the doll as so annoying as to prompt viewers to claw[] your eyes out.

22

H. 96.

31-36: Record Joe Gibbs had as coach with Dan Snyder as owner; Gibbs went 140-65 without Snyder as owner. Ex. 1 at 17. Attached hereto as Exhibit 94 is a true and correct copy of an article by Peter

King entitled Family First: Gibbs Retiring Despite Love of Football and His Team, published on CNNSI.com on January 8, 2008, and available at http://bit.ly/jtThyU. The article states, in relevant part, that Gibbs was 140-65 in his first run as Redskin coach, when the franchise won three Super Bowls. His 31-36 record in his second tenure, over four seasons, ended with a 1-2 playoff record. 97. Attached hereto as Exhibit 95 is a true and correct copy of an article by Dennis

Dillon entitled Reason for Decision Says Plenty About Gibbs, published by the Sporting News on January 8, 2008, which is also available at http://bit.ly/kRnk0g. The article states, in relevant part, that after Gibbs 140-65 record from 1981-92, the Redskins were 75-102-1 and reached the playoffs only once, and that Gibbs ended his second four seasons as coach with a 31-36 record. I. 700 Pages: Length of the playbook brought to Redskins Park in 2006 by Al Saunders, who Snyder hired to call plays for Gibbs. In pre-Snyder era, Gibbs comparatively simple offensive schemes revolutionized the game and brought the Redskins three Super Bowls. Ex. 1 at 17. Attached hereto as Exhibit 96 is a true and correct copy of a blog post by Dan

98.

Steinberg entitled The Al Saunders Playbook, published on the Washington Posts Sports Bog blog on July 30, 2007, and available at http://wapo.st/g9jebG. A hyperlink in the online version of the Commentary directs readers to this post, in which states, in relevant part: One of the enduring punch lines of last years 5-1 Redskins campaign centered on Al Saunders and his fabled 700-page playbook, the War and Peace of the NFL, minus the Russian winters. 99. Attached hereto as Exhibit 97 is a true and correct copy of an article by Elizabeth

Merrill entitled In NFL, the Playbook is Sacred, published on ESPN.com on August 29, 2007, and available at http://es.pn/a7XYUg. The article states, in relevant part: When he became the offensive coordinator in Washington last year, commanding a three-year, $6 million salary, Saunders caught some heat for the complexity of his 700-page playbook. Critics said it was too hard for the average football player to digest. 23

J.

A Long Time: Thirteen weeks, in Snyder-speak. During training camp in 2000, ESPN asked Snyder how long Norv Turner, who had just coached the Redskins to an NFC East title, would be in his employ. A long time, Snyder said. He fired Turner with three games left in the season, despite the Redskins winning record. Ex. 1 at 17. Attached hereto as Exhibit 98 is a true and correct copy of an article by Joseph

100.

White entitled Norv Turner Fired as Redskins Coach, published on abcnews.go.com on December 4, 2000, and available at http://abcn.ws/jnNC0c. A hyperlink in the online version of the Commentary directs readers to this article, which states, in relevant part: Norv Turner, able to produce only a 7-6 record with the most expensive roster in NFL history, was fired today as coach of the Washington Redskins. Turner was dismissed by owner Dan Snyder one day after a 9-7 loss to the New York Giants. 101. Attached hereto as Exhibit 99 is a true and correct copy of a blog post by Dan

Steinberg entitled Daniel Snyders Coaching Carousel Spins Again, published on the Washington Posts Sports Bog blog on January 4, 2010, and available at http://wapo.st/7dqFZn. The post states, in relevant part, that Mr. Snyder fired Turner in 2000 with the teams record at 76, and continues: This was something out of need, Daniel Snyder says. K. American Enterprise Institute: Conservative thinktank that summed up Snyders football operation as a leading exemplar of this tendency toward irrationality in a 2006 report. Kevin Hassett, director of economic policy studies at AEI, cited Snyder for running a seriously mismanaged operation. I used the Redskins because theyre the most frightening example of a team that hadnt thought through the simple economics of pro football, Hassett said at the time. The problems of running a pro football team are right out of the textbooks: With the salary cap, everybodys got the same amount of money to spend, so lets see what youre going to do with your money. The big signing is counter to the economics of pro football. Over time, [Snyder is] spending the same amount of money as everybody else, but hes spending it irrationally. I think theyre years away from correcting the mistakes theyve made. Ex. 1 at 17. Attached hereto as Exhibit 100 is a true and correct copy of an article by Kevin

102.

Hassett entitled Patriots vs. Redskins, published in The American (the magazine of the American Enterprise Institute) on November 17, 2006, which is also available at http://bit.ly/bGDlpp. A hyperlink in the online version of the Commentary directs readers to this article, which is quoted in the Commentary. The article states, in relevant part: The Washington Redskins are perhaps 24

the leading exemplar of this tendency toward irrationality. Last spring, for example, the Redskins gave up key draft picks for high-priced veteran players. An especially silly trade gave the Jets three Redskins picks: in the second and sixth rounds this year and in the second round next year. The trade left the Redskins with only one pick in the first three rounds this year. 103. Attached hereto as Exhibit 101 is a true and correct copy of a blog post by Jason

La Canfora entitled The Skins Flunk Economics published on the Washington Posts Redskins Insider blog on November 22, 2006, and available at http://wapo.st/5mGyzi. The post discusses and quotes from the article by Mr. Hassett described in the preceding paragraph.. L. Andyman: Fake name widely believed to be used by top Redskins officials to post anti-media rants on fan message boards. In 2005, Washington City Paper reported that Karl Swanson, Snyders longtime PR chief, had registered on sportsjournalists.com, a website where Andyman often sniped at The Washington Post. Andyman, which could be Pig Latin for Danny M (Snyders first name, middle initial) all but disappeared after the report. Ex. 1 at 17. Attached hereto as Exhibit 102 is a true and correct copy of an article by

104.

Mr. McKenna entitled The Anti-Media Media: A Newly Acquired Internet Board is the Skins Latest Party Organ, published in Washington City Paper on October 21, 2005, and available at http://bit.ly/m6q4La. A hyperlink in the online version of the Commentary directs readers to this article, which cites a bizarre but widely believed legend among media types at Redskins Park that Swanson was Andyman and quotes Swanson as denying that he was Andyman. M. Bankrupt Airline Peanuts: What Snyder was selling to fans at FedExField. During the 2006 season, vendors offered shelled nuts in royal blue and white 5 oz. bags adorned with the Independence Air logo. Problem: The airline had gone under about a year earlier. The supplier told City Paper that it stopped shipping the airlines nuts before Independence Air went out of business. A spokesman for the Peanut Council told City Paper that to prevent rancidity, the recommended shelf life of a foil bag of out-of-shell peanuts was about three months. Ex. 1 at 17. Attached hereto as Exhibit 103 is a true and correct copy of an article by

105.

Mr. McKenna entitled Patriot Games: Redskins Put a Price Tag on Commemorating 9/11, published in Washington City Paper, on September 22, 2006, and available at http://bit.ly/cvCSkT. A hyperlink in the online version of the Commentary directs readers to this 25

article, which quotes a Redskins season ticket-holder who noticed the Independence Air logo on bags of peanuts at FedEx Field and quotes the head of the firm that packaged peanuts for Independence Air as saying the last packages were produced a little before [Independence Air] went out of business on January 5, 2006. In addition, the article quotes Redskins spokesman Karl Swanson and a statement released by the Redskins from the teams food service company expressing regret for the incident. 106. Attached hereto as Exhibit 104 is a true and correct copy of an article by Stephen

M. Deusner entitled Major-League Jerks: Dave Zirin, Bad Sports, at Politics and Prose, published on expressnightout.com on August 16, 2010, and available at http://bit.ly/csrSMj. The article contains the transcript of an interview with the author of a book who used the peanut incident as an example of penny-pinching malfeasance by professional sports team owners. N. Casserly, Charley: Redskins general manager who played a lead role in assembling the 1991 Super Bowl championship team. Snyder fired him in 1999 to clear space for Vinny Cerrato, who played lead role in 1994 feature film Kindergarten Ninja. Ex. 1 at 17. Attached hereto as Exhibit 105 is a true and correct copy of a blog post by Dan

107.

Steinberg entitled Vinny Cerratos First Ninja Scene, published on the Washington Posts Sports Bog blog on February 11, 2009, and available at http://wapo.st/DE8NS. A hyperlink in the online version of the Commentary directs readers to the post, which embeds and comments on a video clip of a scene from the movie. 108. Attached hereto as Exhibit 106 is a true and correct copy of a biographical sketch

of Mr. Casserly on CBSSports.com, and available at http://www.cbssports.com/cbssports/team/ccasserly. A hyperlink in the online version of the Commentary directs readers to this biography, which describes Casserlys background including his work as general manager for the Redskins. 109. Attached hereto as Exhibit 107 is a true and correct copy of an article entitled

PLUS: FOOTBALL WASHINGTON; Casserly Removed as General Manager, published in The

26

New York Times on July 24, 1999, which is also available at http://nyti.ms/iH6RTd. The article states, in relevant part: Charley Casserly was forced out as general manager of the Washington Redskins yesterday and named a consultant to Daniel Snyder, who recently bought the team. Vinny Cerrato, formerly of the San Francisco 49ers, was given Casserlys job under the title of director of player personnel. Although Snyder had promised to retain Casserly as general manager and not to fire anyone after he bought the team, he dismissed 25 employees last week, including secretaries and most of the public relations staff. O. Conflict of Interest: What Snyder created by employing members of the D.C. media to work for Redskins Broadcast Network, wholly owned by the team. Among the many journalists who worked for Snyder while also reporting on his Redskins for major news outlets: George Michael, Michael Wilbon, Dan Hellie, Wally Bruckner, Andy Pollin, Lindsay Czarniak, Brett Haber. Ex. 1 at 17. Attached hereto as Exhibit 108 is a true and correct copy of an article by

110.

Mr. McKenna entitled Soft Money, published in Washington City Paper on February 8, 2002, and available at http://bit.ly/iB9Y5s. The article describes local sports journalists employment with the Redskins Broadcast Network as a conflict of interest for those journalists. 111. Attached hereto as Exhibit 109 is a true and correct copy of an online discussion

with readers by Washington Post writer Paul Farhi, published on the Washington Posts website on August 25, 2009, and available at http://wapo.st/FrOzY. In relevant part, Mr. Farhi comments on the presence of WRC-TV and Comcast SportsNet reporters on the Redskins Broadcast Network and asks, isnt that a conflict of interest? P. Dan-Jazeera: How Al Koken, a former employee of Snyder-owned sports station WTEM, describes the Redskins owners media operation. Ex. 1 at 17. Attached hereto as Exhibit 110 is a true and correct copy of a blog post by

112.

Mr. McKenna entitled Al Koken Has a New Name for Old Bosss Media Operation, published on Washington City Papers website on September 17, 2010, and available at http://bit.ly/c6mqMn. A hyperlink in the online version of the Commentary directs readers to this post, which reports that Koken made the reference to Dan-Jazeera in an interview on WJFK, a competing radio station. 27

Q.

Dumb and Dumber: Nickname fans gave Snyder and longtime racquetball/Six Flags investment partner Vinny Cerrato in 2009 season. Ex. 1 at 17. Attached hereto as Exhibit 111 is a true and correct copy of an article by Sean

113.

Leahy entitled Redskins Fans Aim Vitriol at Daniel Snyder as Teams Heavy-Handed Tactics Questioned, published on USAToday.com on October 28, 2009, and available at http://usat.ly/1vJE0N. The article is accompanied by a photo of a fan holding a sign with a similar message and states, in relevant part, that [t]wo fans wearing Dumb and Dumber shirts with photos of Snyder and VP Vinny Cerrato claimed security guards made them invert their shirts. 114. Attached hereto as Exhibit 112 is a true and correct copy of an article entitled VP

Cerrato Resigns, Allen Hired to Run Skins Front Office, published on CBSSports.com on December17, 2009, and available at http://bit.ly/lPsvDj. The article states, in relevant part: Cerrato has been a favorite punching bag for fans in recent years, receiving criticism often in tandem with Snyder. One fan infamously used a pair of signs to refer to the pair as Dumb and Dumber at a game this season. R. Diageo: Worlds largest liquor company and a business partner of Snyders. They paired up in a massive 2002 sponsorship deal that placed liquor advertising inside FedExField in the sight lines of network cameras, as well as local TV commercials during Redskins games. George Hacker of the Alcohol Policies Project, a program of the Center for Science in the Public Interest, was among the anti-drinking advocates who called the pact an attempted end-run by Snyder and Diageo around longstanding prohibitions on booze advertising. Airing ads for Smirnoff Ice and Captain Morgans Gold during Redskin telecasts trumpets liquor brands and enables Diageo to sidestep the networks voluntary ban on hard liquor ads, Hacker wrote. Snyder and Diageo remain partners. Ex. 1 at 17-18. Attached hereto as Exhibit 113 is a true and correct copy of a letter dated

115.

September 25, 2002, from George Hacker of the Center for Science in the Public Interest to Mr. Snyder asking him to end the teams association with Diageo, which is available at http://bit.ly/k7AZI0. A hyperlink in the online version of the Commentary directs readers to this letter.

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116.

Attached hereto as Exhibit 114 is a true and correct copy of an article by Rich

Thomaselli entitled Diageo Scores New NFL Deals, Scrutiny, published in Advertising Age on September 16, 2002, which is also available at http://adage.com/print/51372. The article states, in relevant part, that Diageo has cut deals with two more National Football League teams, even as the spirits marketers controversial sponsorship of the Washington Redskins comes under scrutiny from the NFL and two advocacy groups. S. Emulate Charlie Chan: What Asian actors trying out for a mascot job at Snyder-run Six Flags were allegedly told during 2008 auditions. After the 2006 firing of Mr. Six, the longtime mascot Snyder deemed creepy, the theme park chains marketing team hired a Japanese actor to scream More flags! More fun! in a vaguely Asian accent in TV commercials. The Chicago chapter of the Japanese American Citizens League, which publicized the Charlie Chan angle, was among the advocacy groups critical of the effort. The campaign was canceled very shortly after its debut. Ex. 1 at 18. Attached hereto as Exhibit 115 is a true and correct copy of a blog post entitled

117.

Crazy Asian Man in Six Flags Commercials, published on the Angry Asian Man blog on May 1, 2008, and available at http://bit.ly/gG6w5l. A hyperlink in the online version of the Commentary directs readers to this post, which states, in relevant part, that the author heard from a reader who attended an audition for the commercial who was told to think about those Charlie Chan movies, which the post calls ridiculous stereotyping. The author describes the ad as racist. 118. Attached hereto as Exhibit 116 is a true and correct copy of a letter dated May 1,

2008, from the Japanese American Citizens League to Six Flags CEO Mark Shapiro, and available at http://bit.ly/jaUcJ1. A hyperlink in the online version of the Commentary directs readers to a copy of the letter, which criticizes the More Flags, More Fun ad as furthering an outdated, debilitating stereotype and states that the commercials casting directors were specifically looking for an Asian man who could emulate Charlie Chan. 119. Attached hereto as Exhibit 117 is a true and correct copy of an article by Tom

Barlow entitled Ads Gone Bad: Six Flags Not So Much Fun, published on bloggingstocks.com on September 10, 2008, and available at http://aol.it/TbcsA. The article states, in relevant part: 29

Six Flags didn't seem too concerned about the implied racism, refusing to comment on it for the press. Nevertheless, I expect coming ads for the chain will be very carefully constrained to avoid a repeat of this incident. T. Entertainment Tax: Ten percent fee Prince Georges County collects as part of the deal that put the stadium there. The fee, like all assorted tariffs, had historically been included in the ticket price. After buying the Redskins, Snyder removed those charges from the printed price, moving them to the invoice. The move coincided with the biggest ticket price hike in team history. The biggest losers in Snyders removal of fees were street sellers, since face value of a ticket was no longer its actual retail price. Ex. 1 at 18. Attached hereto as Exhibit 118 is a true and correct copy of an article by Thomas

120.

Heath entitled Redskins Hike Cost of Tickets, Parking, published in the Washington Post on March 7, 2006, which is also available at http://wapo.st/jatCI8. A hyperlink in the online version of the Commentary directs readers to this article, which states, in relevant part: [L]ast years $79 lower-bowl ticket, which included the tax, has increased to $99 for the ticket plus an additional county tax of about $9.90, making the total $108.90 . . . We just decided to start showing taxes outside so people start knowing what they are paying for their tickets, [Redskins Chief Operating Officer Mitch] Gershman said. 121. Attached hereto as Exhibit 119 is a true and correct copy of the first page of a

discussion thread on the team-owned site extremeskins.com entitled Redskins Hike Costs of Tickets, Parking started on March 6, 2006, available at http://redsk.in/itmYFp, in which posters on the site discuss and criticize the price increases. U. Ewwwww!: How Barbara Hyde, spokeswoman for the American Society for Microbiology, reacted to last years news that Snyders vendors were selling beer in the bathrooms. Fans had been alleging that the Redskins were hawking lager in the loo long before a YouTube video surfaced in October 2009. Hyde said that because microbiological bad actors like E. coli hang out in the mens room, beer vendors shouldnt. Ex. 1 at 18. Attached hereto as Exhibit 120 is a true and correct copy of an article by

122.

Mr. McKenna entitled Stall Tactics: The Unhealthy State of the Redskins Trickles Down to Beer Sales, published in Washington City Paper on October 30, 2009, and available at http://bit.ly/cHNTGw. A hyperlink in the online version of the Commentary directs readers to this article, which states, in relevant part, that Prince Georges County health and liquor control 30

officials received complaints about the bathroom beer sales after a video showing such sales was posted on YouTube and Washington City Paper published an article about the video. 123. Attached hereto as Exhibit 121 is a true and correct copy of a blog post by Barry

Petchesky entitled Beer in the Bathroom: The Circle of Life, published on Deadspin.com on October 23, 2009, and available at http://deadspin.com/5388137/beer-in-the-bathroom-the-circleof-life. The post states, in relevant part: The Redskins are selling beer in FedExField bathrooms? Holy crap, thats awesome. And unsanitary. 124. Attached hereto as Exhibit 122 is a true and correct copy of an article by Daniel

Guzman entitled FedEx Field Vendors Caught Selling Beer in Bathrooms, published on WUSA9.com on October 23, 2009, and available at http://bit.ly/2irENz, which discusses the controversy over the practice of selling beer in the restrooms at Redskins games. 125. Attached hereto as Exhibit 123 is a true and correct copy of an article by Erin

Valois entitled Vendor Recorded Selling Beer in the Washroom at Redskins Games, published in the National Post (of Toronto, Canada) on October 23, 2009, which is also available at http://bit.ly/2HTKH0, and discusses the controversy over the practice of selling beer in the restrooms at Redskins games. V. Fan Appreciation Day: Gimmick used in 2006 by Snyder to draw people to FedExField, where he charged $25 to park to watch the team scrimmage and hear an address from Vinny Cerrato. The parking charge was not mentioned in the advertisements the team produced for the event. Ex. 1 at 18. Attached hereto as Exhibit 124 is a true and correct copy of a blog post entitled R-

126.

-----s Fan Appreciation Day!, published on why.i.hate.dc.com on July 27, 2006, and available at http://bit.ly/kSqpH6. A hyperlink in the online version of the Commentary directs readers to this blog post, which criticizes the event. 127. Attached hereto as Exhibit 125 is a true and correct copy of the first page of a

discussion thread on the team-owned extremeskins.com website entitled $25 Parking Fee for Fan Appreciation Day! started on July 9, 2006, and available at http://redsk.in/mkDzdf, which includes discussion and criticism of the parking fee by fans of the team. 31

128.

Attached hereto as Exhibit 126 is a blog post entitled Daniel Snyder Appreciates

Your Checkbook, posted on Deadspin.com on July 26, 2006, and available at http://deadspin.com/189995/daniel-snyder-appreciates-your-checkbook, which discusses and criticizes the parking fee. W. Flat-Screen TV: What Snyder said hed deliver to Laveranues Coles in the 2005 preseason. The gift was part of a threat from the owner to keep the receiver out of football if he didnt agree to give up a $5 million bonus called for by his contract so that Snyder could trade him. He said he would send a flat-screen television to my home because Id be better off watching the games there, Coles told Sports Illustrated in 2005. That was his way of saying Id be sitting for the next couple years until they cut me. Ex. 1 at 18. Attached hereto as Exhibit 127 is a true and correct copy of an article by Jeffri

129.

Chadiha entitled Irreconcilable Differences: Many Reasons Why Coles, Redskins Had Messy Divorce, published on Sports Illustrateds website on March 8, 2005, which is also available at http://bit.ly/k0eeWV. A hyperlink in the online version of the Commentary directs readers to the article, which quotes Coles about the flat-screen TV incident. 130. Attached hereto as Exhibit 128 is a true and correct copy of an article by George

Solomon entitled Gibbs Keeps Redskins on Course, published in the Washington Post on March 13, 2005, which is also available at http://wapo.st/lABy4K. The article states, in relevant part, that following through on owner Dan Snyders threat to deliver a flat-screen television set to an inactive Coless house in Virginia on game days might have been fun. X. GEICO: Insurance company and major Redskins sponsor. Snyder allowed GEICO to hand out promotional signs at FedEx Field last season at the same time the team had instructed stadium security to take away home-made signage, much of it involving derogatory comments about Snyder and Cerrato. David Donovan, Snyders attorney, said the sign ban was for safety. Ex. 1 at 18. Attached hereto as Exhibit 129 is a true and correct copy of a blog post by

131.

Mr. McKenna entitled Dan Snyder Lifts Sign Ban Just in Time for Sign Contest Hes Sponsoring?, published on Washington City Papers website on November 16, 2009, and available at http://bit.ly/1z0j1M. A hyperlink in the online version of the Commentary directs

32

readers to this post, which discusses the decision to lift the sign ban and quotes from a Redskins news release announcing the change. 132. Attached hereto as Exhibit 130 is a true and correct copy of a blog post by Dan

Steinberg entitled UPDATE: GEICO Redskins Signs OK at FedEx Field, published on the Washington Posts Sports Bog blog on October 28, 2009, and available at http://wapo.st/1dLwwX. The post states, in relevant part, that although the Redskins had cited safety and providing unobstructed views for fans as the reason for banning signs, during the ban the team had distributed signs sponsored by GEICO with little pointy sticks for maximum head poking potential. Y. George, Jeff: Quarterback and one of many Snyder-era free agent busts. Snyder brought George to D.C. on the advice of friend and former Redskins star Sonny Jurgensen. Terry Bradshaw pooh-poohed the George signing on the FOX pregame show: Both Jurgensen and George have one thing in commontheyve never won anything, said the four-time Super Bowl winner. Ex. 1 at 18. Attached hereto as Exhibit 131 is a true and correct copy of an article by Kevin

133.

Baumer and Dashiell Bennett entitled Dan Snyders 8 Worst Redskin Contracts, published on businessinsider.com on November 15, 2010, and available at http://read.bi/mmtlqn. A hyperlink in the online version of the Commentary directs readers to this article, which states that Snyder has made a habit of doling out bloated, long-term contacts to aging superstars, citing Georges playing only eight games under his $18.25 million contract. 134. Attached hereto as Exhibit 132 is a true and correct copy of an article by

Mr. McKenna entitled A Reign of Error, published in Washington City Paper on November 1, 2002, and available at http://bit.ly/kq0HvR, which quotes Bradshaws comment about Jurgensen and George. Z. 135. Guest House: Dwelling on Snyders Potomac estate where prospective employees stay overnight during job interviews. Ex. 1 at 18. Attached hereto as Exhibit 133 is a true and correct copy of a blog post by Jason

La Canfora entitled Spags Still In Town, published on the Washington Posts Redskins Insider blog on February 6, 2008, and available at http://wapo.st/caCqpq. A hyperlink in the online 33

version of the Commentary directs readers to this post, which quotes league sources as saying head coaching candidate Steve Spagnuolo spent the night in a guest house on Snyders property, as expected. 136. Attached hereto as Exhibit 134 is a true and correct copy of an article entitled

Giants Plot to Keep Steve Spagnuolo, published in the New York Daily News on February 7, 2008, which is also available at http://bit.ly/mSL3I3. The article states, in relevant part, that Snyder even let Spagnuolo stay overnight Tuesday in the guest house at his estate. AA. Helicopter: Favored method of transportation Snyder used to drop into Redskins practices in 1999 in Frostburg, Md., after taking control of the team. Ex. 1 at 18. Attached hereto as Exhibit 135 is a true and correct copy of an article entitled

137.

Redskins Prepare for Return to Carlisle, published in the Washington Times on July 25, 2001, which is also available at http://bit.ly/jKpiix. A hyperlink in the online version of the Commentary directs readers to this article, which states that Snyder would helicopter to Frostburg to watch practice even before he sold his non-football businesses. 138. Attached hereto as Exhibit 136 is a true and correct copy of an article by Warner

Hessler entitled Skins Grab PR Director from Orioles, published in the Daily Press (of Newport News, Va.) on August 4, 1999, which is also available at http://bit.ly/ji9LeT. The article reports, in relevant part, that Snyder and minority owner Fred Drasner flew by helicopter to the Frostburg State University campus Tuesday afternoon to watch the Redskins hold a joint practice with the Pittsburgh Steelers. 139. Attached hereto as Exhibit 137 is a true and correct copy of an article entitled

Samuels Agree to Terms With Skins, published on CBSNews.com on July 18, 2000, and available at http://bit.ly/kgkdjx. The article states, in relevant part: Snyder really knows how to make an entrance: Minutes into the afternoon practice, his blue helicopter landed just beyond the end zone. Snyder, [Vinny] Cerrato and Hall of Fame quarterback Sonny Jurgensen hopped out and took their seats along the sideline.

34

BB.

Herzog, Frank: Beloved former Redskins play-by-play announcer. Herzog was best known for signature call, Touchdown, Washington Redskins! He was replaced in Snyders Redskins Broadcasting booth in 2004 by Larry Michael, best known for saying Brought to you by Subway! If you love bacon come into Subway! Eat fresh! Ex. 1 at 18. Attached hereto as Exhibit 138 is a true and correct copy of an article by

140.

Mr. McKenna entitled The Final Countdown?: The Decline of Sam Huff and Redskins Radio, published in Washington City Paper on November 22, 2007, and available at http://bit.ly/dnjtbK. A hyperlink in the online version of the Commentary directs readers to this article, which states that Herzog was booted out of the Redskins booth in 2004 and replaced by Larry Michael for reasons that were never made clear to the audience. 141. Attached hereto as Exhibit 139 is a true and correct copy of an article by Jeff

Barker entitled Herzog Moving On After Redskins Change Radio Cast, published in The Baltimore Sun on August 3, 2004, which is also available at http://bit.ly/mcSzD3. The article states, in relevant part: WJFK-FM announced in February that it was replacing play-by-play man Frank Herzog, breaking up the team of Herzog, [Sonny] Jurgensen and Sam Huff that has called Redskins games since 1981. The station said it wanted an in-house broadcaster instead of Herzog, whose full-time job has long been with WUSA-TV (Channel 9) as its sports anchor. CC. Hill, Pat: Down-on-her-luck 73-year-old grandmotherand five-decade Redskins season-ticketholderwho was sued by the Redskins in 2009 because she could not afford to keep up payments on the 10-year, $50,000plus club seats contract shed signed. Ex. 1 at 18. Attached hereto as Exhibit 140 is a true and correct copy of an article by James V.

142.

Grimaldi entitled Washington Redskins React to Fans Tough Luck With Tough Love, published in the Washington Post on September 3, 2009, which is also available at http://wapo.st/p0u7T. A hyperlink in the online version of the Commentary directs readers to this article, which states that Hill is one of 125 season ticket holders who asked to be released from multiyear contracts and were sued by the Redskins in the past five years. 143. Attached hereto as Exhibit 141 is a true and correct copy of an article by Brittany

Morehouse entitled Redskins Fans Fume Over Lawsuit Story, published on WUSA9.com on September 3, 2009, and available at http://bit.ly/mS4MaZ. The article states, in relevant part, 35

that [s]ports talk shows on the radio and on television are spending hours on the topic following the Posts report. 144. Attached hereto as Exhibit 142 is a true and correct copy of a post by Matt

Mosley entitled Are the Redskins Lawsuit Happy?, published on ESPN.com on September 4, 2009, and available at http://es.pn/OuXWT, which discusses the controversy over the Redskins lawsuits against season ticket holders. DD. Hurricane Katrina: Storm that Snyder used as an excuse to get out of the 75-year lease Six Flags had with the city of New Orleans. Snyder took over the company shortly after the storm inundated much of the city; he immediately let it be known he wouldnt be coming back. If any company is trying to figure out an exit strategy, they are, New Orleans Mayor Ray Nagin said of Snyders abandonment. Six Flags never reopened. Snyder rented the park to the Department of Homeland Security. Last year, the city fined Six Flags $3 million for breaking the lease and took over the property. Ex. 1 at 18. Attached hereto as Exhibit 143 is a true and correct copy of a blog post by Leigh

145.

Caldwell entitled Abandoned Six Flags New Orleans Video is Creeping Us Out, published on gadling.com on November 5, 2010, and available at http://aol.it/aMgfUR. A hyperlink in the online version of the Commentary directs readers to this post, which embeds video shot inside the closed theme park. 146. Attached hereto as Exhibit 144 is a true and correct copy of an article by Jaquetta

White entitled Offer to Redevelop Six Flags Amusement Park in New Orleans Is Still Pending, published in the New Orleans Times-Picayune on November 10, 2010, which is also available at http://bit.ly/avSIhZ. The article states, in relevant part, that New Orleans city officials said the assertion in the video that the park is scheduled to be torn down is not true, and that the city owns the property under a termination agreement requiring Six Flags to pay the city $3 million and to give the city a portion of Six Flags net Katrina-related insurance proceeds. 147. Attached hereto as Exhibit 145 is a true and correct copy of an article by Rebecca

Mowbray entitled Six Flags Wants Out, Offers the City a Deal, published in the New Orleans Times-Picayune on July 1, 2006, which quotes the then-Mayor of New Orleans as follows:

36

Theyre not excited about coming back into the market right now. If any company is trying to figure out an exit strategy, they are, [Mayor Ray] Nagin said this week in an interview at The TimesPicayune. We have a pretty solid agreement with them (requiring them to operate the park for 75 years). Theyre claiming they can exercise out of it, but theyre going to have to pay us. EE. Inside the Red Zone With Vinny Cerrato: WTEM radio show featuring top Snyder aide that debuted early in the 2008 season, shortly after Snyder had bought what was then D.C.s only sports-radio station. Because of abuse from Skins fans, Cerrato quickly stopped taking calls. He later stopped showing up at all on Mondays after Skins losses. The show didnt return for the 2009 season. Ex. 1 at 18. Attached hereto as Exhibit 146 is a true and correct copy of a blog post by Dan

148.

Steinberg entitled Sports Reporters Crush Vinny Cerrato, published on the Washington Posts Sports Bog blog on September 18, 2008, and available at http://wapo.st/kZC2XF. A hyperlink in the online version of the Commentary directs readers to this post, which reports that, after Cerratos show was announced, hosts on WTEM devoted 13 minutes to absolutely crushing their new co-worker. 149. Attached hereto as Exhibit 147 is a true and correct copy of an article by

Mr. McKenna entitled Vinny Cerrato Hides in Plain Sight . . . or Sound, published in Washington City Paper on December12, 2008, and available at http://bit.ly/mLQVLd. The article states, in relevant part, that after having skipped the previous Mondays Inside the Red Zone, Cerrato appeared on WTEM, and not only avoided fans no open caller segments, which were a highlight of previous broadcasts but also talked everything but Redskins. FF. Johnson, Brad: Quarterback who in 1999 led the Redskins to their only division title of the last 20 seasons. Benched in favor of Snyder favorite Jeff George a year later. I think that decisions made from up top, Johnson said as George took his place. I think its obvious. Ex. 1 at 18, 20. Attached hereto as Exhibit 148 is a true and correct copy of a blog post by Ken

150.

Meringolo entitled Washington Redskins By the Numbers: #14 Brad Johnson (Interview With Max Zendejas), published on hogshaven.com on June 1, 2009, and available at http://sbn.to/11KUuo. A hyperlink in the online version of the Commentary directs readers to this post, which states, in relevant part: We all remember when Brad [Johnson] left town right?

37

Jeff George ended up getting benched and we went with Tony Banks! Brad Johnson went to Tampa Bay and got a Super Bowl ring. 151. Attached hereto as Exhibit 149 is a true and correct copy of an article by Joseph

White entitled Brad Johnson Takes Shots at Redskins Owner, published on abcnews.go.com on December 7, 2000, and available at http://abcn.ws/lfSnyW. The article states, in relevant part: Johnson, who lost his starting job to Jeff George, took some early parting shots at Redskins owner Dan Snyder and renewed the debate over whether Snyder is too meddlesome in player decisions. As the rest of the team adjusted to a pared-down daily routine and simpler offensive scheme under interim coach Terry Robiskie, Johnson said upper management not Robiskie has made the decision to start George the rest of the season. I think that decisions made from up top. ... I think its obvious, Johnson said. GG: Junk: How the bond rating service Moodys rated the notes Snyder sold in a cash-raising scheme in August 2010 for his Dick Clark Productions. The Wall Street Journal reported the lousy rating came from Snyder selling $165 million in notes in a deal that originally was supposed to be $150 million. Ex. 1 at 20. Attached hereto as Exhibit 150 is a true and correct copy of an article by Carrick

152.

Mollenkamp, Gregory Zuckerman, and Laura Saunders entitled Dividend Rock: Firms Reward Buyout Bosses, published in the Wall Street Journal on October 14, 2010, which is also available at http://on.wsj.com/adyWtZ [full article is available online only to subscribers]. A hyperlink in the online version of the Commentary directs readers to this article, which discusses the junk bond financing of the Dick Clark Productions deal. The article states, in relevant part, that Moodys Investors Service had rated the offering as B2 junk status, according to the Journal and of the $165 million in proceeds, $105 million was to pay shareholders, including Six Flags and Snyders RedZone Capital Managment LLC. 153. Attached hereto as Exhibit 151 is a true and correct copy of an article by

Mr. McKenna entitled Dan Snyder, Junk Dealer, published in Washington City Paper on October 14, 2010, and available at http://bit.ly/9GROy3. The article states, in relevant part, that The Wall Street Journal wrote yesterday that Snyder recently sold Junk bonds for Dick Clark Productions, a company he owns. 38

HH:

Kennedy, Robert F.: Namesake for the former Redskins stadiumand current party deck at FedEx Field. Tickets to this standing-room only section cost $152.50 and include access to a cigar bar and a Hooters, among other come-ons. Snyder dropped RFK from the marketing pitch after Kennedy family announced its displeasure in Washington City Paper. Ex. 1 at 20. Attached hereto as Exhibit 152 is a true and correct copy of an article by

154.

Mr. McKenna entitled Dan Snyder vs. the Kennedys: It Has Hooters and Cigar-Bar Access. Should It Also Have RFKs Initials?, published in Washington City Paper, on September 17, 2010, and available at http://bit.ly/9ZShlb. A hyperlink in the online version of the Commentary directs readers to this article, which quotes the executive director of the Robert F. Kennedy Memorial Center for Justice and Human Rights as saying no one from the Redskins organization contacted anyone connected with the Kennedys to ask about using the name and that David Donovan, the Redskins chief operating officer and the guy who has handled the teams past intellectual property matters, did not respond to a request for comment about the use of RFK. II. Knott, Rene: D.C. sportscaster who in 2000 was forced to do live reports from the Redskins Park parking lot while peers filmed inside the practice facility. Knotts employer, WJLA-TV, was the only local network affiliate that did not pay Snyder to become a media partner of the team. Ex. 1 at 20. Attached hereto as Exhibit 153 is a true and correct copy of an article by

155.

Mr. McKenna entitled The King of Pay-to-Play Broadcasting: George Michael Was Ahead of His Time, published in Washington City Paper on January 8, 2010, and available at http://bit.ly/cloWU8. A hyperlink in the online version of the Commentary directs readers to this article, which states: Beginning with newscasts in the 2000 training camp, while [George] Michael and sportscasters from WTTG and WUSA were allowed to broadcast their live shots from inside Redskins Park, WJLA folks were banished from the teams headquarters. 156. Exhibit 152 (McKenna, Dan Snyder vs. the Kennedys, supra) states that, after

purchasing the team, Snyder: [S]et out to stop local TV stations from using the word Redskins to promote any news segments without paying him first. Beginning in the 2000 preseason, those who didnt pay were penalized: We spent the [2000] season shooting in the Redskins Park parking lot, recalls Rene Knott, former sportscaster for WJLA, the only news 39

operation from a network affiliate in this market that refused Snyders demands. 157. Attached hereto as Exhibit 154 is a true and correct copy of an article by Howard

Kurtz entitled Redskins Owner Apologizes Over TV Dispute Involving Cheerleader, published in the Washington Post on May 5, 2010, which is also available at http://wapo.st/c9a3dJ. The article relates an incident in which, after a U.S. Marine contacted WJLA to have them record his surprise reunion with his wife a Redskins cheerleader, the Redskins barred WJLA from team premises, gave the story to a rival television station the teams broadcast partner and threatened to fire the cheerleader if she had any contact with WJLA. The article further states that Mr. Snyder wrote a letter apologizing to WJLA. JJ. Labor Laws: Something Snyder has had trouble with. In 2006, Snyder was sued by a former nanny, Juliette Mendonca, who told a Montgomery County court that when she pointed out she was being shortchanged and asked for proper recompense, Snyder screamed, I pay you more than my Redskins Park people! I cant afford to pay you like this! The court ordered Snyder to pay Mendonca $44,880. Ex. 1 at 20. Attached hereto as Exhibit 155 is a true and correct copy of an article by

158.

Elizabeth Olson entitled Openers: Suits; Nanny, $44,880; Redskins Owner, 0, published in The New York Times on March 18, 2007, which is also available at http://bit.ly/lVk490. A hyperlink in the online version of the Commentary directs readers to this article, which states: A nanny who said that Daniel M. Snyder, owner of the Washington Redskins, had underpaid her won $44,880 last week when a Montgomery County Circuit Court in Maryland agreed that she had not been compensated for overtime hours she had worked. 159. Attached hereto as Exhibit 156 is a true and correct copy of an article by Amy

Argetsinger and Roxanne Roberts entitled An Overtime Loss for Redskins Boss, published in the Washington Post on March 14, 2007, which is also available at http://wapo.st/jZHkZl. The article states, in relevant part: Its chump change for Redskins owner Dan Snyder and his wife, Tanya. But a Montgomery County jury yesterday handed a victory of sorts to Juliette Mendonca, the Snyders former nanny: $44,880 in overtime pay, after two days of testimony about the inner workings of the Snyder household. 40

160.

Attached hereto as Exhibit 157 is a true and correct copy of an article by Kate

Ryan entitled Former Nanny for Skins Owner Wins Salary Dispute, published on WTOP.com on March 13, 2007, and available at http://bit.ly/mndRHp, which reports the judgment against Mr. Snyder and in favor of his former employee. 161. Attached hereto as Exhibit 158 is a true and correct copy of the docket in

Mendonca v. Snyder, Case No. 269099V (Montgomery Co. Cir. Ct.). KK. In 2008, Snyder faced a lawsuit from a group of FedEx Field ticket office employees who werent being paid for extra hours. The team argued that the Redskins ticket office wasnt covered by standard overtime laws, citing a 1932 exemption for amusement and recreation employees in the federal Fair Labor Standards Act. The exemption, however, was meant to cover lifeguards and greenskeepers, not office employees. Snyder settled the suit with the employees earlier this year. James Rubin, a Montgomery County attorney who represented the ticket sellers, says that he was shocked to learn during the case that Snyder now requires all employees to sign a document waiving their right to sue him as a condition of employment. Ex. 1 at 20. Attached hereto as Exhibit 159 is a true and correct copy of a blog post by

162.

Mr. McKenna entitled Redskins Workers Fight for Their Right to Rights: Employees Say Theyre Owed OT But They Cant Take Dan Snyder to Court, published on Washington City Papers website on January 1, 2010, and available at http://bit.ly/boCenh. A hyperlink in the online version of the Commentary directs readers to this article, which cites employment contracts with the Redskins that contain binding arbitration clauses and quotes a lawyer for Redskins employees criticizing those clauses. 163. Attached hereto as Exhibit 160 is a true and correct copy of an article by Dan

Steinberg entitled Redskins Found by Arbitrator to Owe Back Pay to Their Ticket Agents, published in the Washington Post on March 24, 2010, which is also available at http://wapo.st/91FPOz. The article states, in relevant part: A private arbitrator ruled this week that Redskins ticket office employees are subject to federal overtime laws, clearing the way for 11 current and former sales agents to attempt to recoup back pay from the franchise. A private hearing on the case is scheduled for April 6. Several Redskins sales agents filed a lawsuit against the team in 2008, and the franchise contested the suit in a private arbitration process, arguing that the employees werent subject to 41

overtime regulations because of a federal exemption for amusement and recreation workers. LL. Losing Record: What every head coach Snyder has hired since buying the team has posted. Only Norv Turner, who Snyder inherited as coach in 1999, put up a winning mark in the Snyder Era, going 17-12 in less than two seasons under the new owner. Ex. 1 at 20. Attached hereto as Exhibit 161 is a true and correct copy of a webpage providing

164.

Washington Redskins team history statistics on CBSSports.com, and available at http://www.cbssports.com/nfl/teams/history/WAS, which lists the win-loss records of each Redskins season and each Redskins coach, including Turner. MM. Maryland Clean Indoor Air Act of 2007: Statewide ban on smoking in bars and restaurants. The law prompted regulators to order Club Macanudo, a cigar bar on FedEx Fields Club Level, to either stop selling drinks and food or stop allowing smoking. Snyder stopped food and drink sales for one season. But the establishment reopened as the Montecristo Club in 2009, with the team explaining that the new facility was no longer a bar, but a tobacco shop, and therefore not required to comply with the state code. Unfortunately, a promo film for the tobacco shop posted on the Redskins website featured a bartender pouring a Bud Light from a tap, a clear violation of the law. Ex. 1 at 20. 165. Attached hereto as Exhibit 162 is a true and correct copy of an article by

Mr. McKenna entitled Cigar-Store Redskins: When Is a Cigar Bar Really a Tobacco Shop?When Dan Snyder Owns It, published in Washington City Paper on July 30, 2010, which is also available at http://bit.ly/b2Auit. A hyperlink in the online version of the Commentary directs readers to this article, which recounts Mr. McKennas observations in previous visits to the cigar bar and quotes Redskins spokesman Tony Wyllie as saying the arrangement was approved by Prince Georges County officials. The article further states: Erin Bradley, a spokeswoman for the Prince Georges County Health Department, says she was told by higher ups within her agency that the county no longer regulates the Redskins cigar bar. The Montecristo Club does not hold a permit to operate as a restaurant or bar, Bradley writes via e-mail. As such we do not regulate it. It seems to be operating as a Tobacco shop. NN. Mitchell, Brian: Redskins fan favorite and the NFLs all-time leading kick returner. Mitchell was cut in 2000 to make room for Dallas Cowboys star Deion Sanders. Ex. 1 at 20.

42

166.

Attached hereto as Exhibit 163 is a true and correct copy of an article entitled

Brian Mitchell to Retire With the Redskins, published on USAToday.com on February 11, 2005, and available at http://usat.ly/krFnou. A hyperlink in the online version of the Commentary directs readers to this article, which states: Mitchell said he has put behind him the animosity hes had toward big-spending Redskins owner Dan Snyder, who cut Mitchell five years ago to make room for an aging Deion Sanders. 167. Attached hereto as Exhibit 164 is a true and correct copy of a blog post The

Readers List: Worst Free-Agent Signings, published on the ESPN.com Page 2 blog on August 27, 2001, and available at http://espn.go.com/page2/s/list/readers/signings.html. The post reports, in relevant part, that readers ranked Deion Sanders the fifth-worst free-agent signing in professional sports and that fan Eric Bruskin of Arlington, Va., wrote that Sanders signing necessitated the release of Brian Mitchell, a team leader and loyal Redskin during some of the dark years. OO. More than 200,000: Number of names that Snyder claims are on the waiting list for Redskins season tickets. So why were the Redskins reduced to putting ads on the sides of Metrobuses this season? Ex. 1 at 20. Attached hereto as Exhibit 165 is a true and correct copy of an article by

168.

Mr. McKenna entitled Redskins Club Seats Have Been a Flop From the Start: A Primer, published in Washington City Paper on July 16, 2010, which is also available at http://bit.ly/con4PF. A hyperlink in the online version of the Commentary directs readers to this article, which describes Redskins ads on the sides of buses and adds that [E]ven before Snyder came in and tried to choke more dimes out of Skins patrons, the club seats were hard to move. The club seats havent sold out in the stadiums 13-year history. 169. Attached hereto as Exhibit 166 is a true and correct copy of a blog post by Matt

Terl entitled Wednesday, January 14: Some Things Remain the Same, published on blog.redskins.com on January 14, 2009, and available at http://redsk.in/iz7hNR. The post, on the teams official blog, states in relevant part that [t]he [season] ticket waiting list remains as long

43

as ever more than 200,000 people, according to chief operating officer Mitch Gershman so demand is still high. PP. Nepotism: Plague that has run rampant at Redskins Park since Snyder took over. Other than Jim Zorn, every head coach hes hired has put family members on the payroll. Examples: Marty, Brian and Kurt Schottenheimer; Steve Spurrier senior and junior.; Joe and Coy Gibbs; Mike and Kyle Shanahan. Coordinators got in the mix, too: For the 2006-2007 seasons, Offensive Coordinator Al Saunders got son Bob a job, while Defensive Coordinator Gregg Williams brought in son Blake. Conversely, the team cut both punter Matt Turk and long snapper/brother Dan Turk after Dan made a bad snap on a field goal attempt in a 1999 playoff game. Ex. 1 at 20. Attached hereto as Exhibit 167 is a true and correct copy of an article by

170.

Mr. McKenna entitled Rites of Offspring: At Redskins Park, the Son Also Coaches, published in Washington City Paper on February 10, 2006, which is also available at http://bit.ly/cMI1fH. A hyperlink in the online version of the Commentary directs readers to this article, which states, in relevant part: Buried in the news of the Redskins recent signing of offensive coach Al Saunders was word of who will likely be the teams next coaching hire: Bob Saunders. Thats Als son. Given the teams personnel pattern since Dan Snyder took over, this twofer would fit right in. When Snyder hires a coach, he also hires the coachs kid. Lately, every day at Redskins Park is Bring Your Boy to Work Day. 171. Attached hereto as Exhibit 168 is a true and correct copy of a column by Mike

Bianchi entitled If I Were KING: Football Reigns Supreme Across the Land But There Is Ample Room for Improvement, published in the Orlando Sentinel on August 24, 2007, which is also available at http://bit.ly/kmixUf. The column states, in relevant part, that nepotism is also rampant in the pros, where the last three coaches of the Washington Redskins Marty Schottenheimer, Steve Spurrier and Joe Gibbs all hired their sons as assistant coaches. QQ. NFLs Digital Media Committee: What Snyder was named to head in 2008, despite his bizarre refusal to install a hi-def screen for replays. For years, fans had mocked the video screens at FedExField as MiniTrons and Lite Brites. But Snyder spokesman Karl Swanson maintained that the team couldnt give them what they wanted because FedEx Field was wired for analog and therefore couldnt accommodate digital screens. In 2009, Paul McCartney and U2 both performed concerts at stadium, bringing their hidef screens that somehow worked when plugged in. As of this year, FedEx Field has its own hi-def system. Ex. 1 at 20. 44

172.

Attached hereto as Exhibit 169 is a true and correct copy of a blog post by

Mr. McKenna entitled Dan Snyder, the NFLs Last Analog Man, Now Heads the Leagues Digital Revolution, published on Washington City Papers website on October 15, 2008, and available at http://bit.ly/iPRNxM. A hyperlink in the online version of the Commentary directs readers to this post, which quotes an online chat with fans in 2005 in which Mr. Snyder wrote, what was installed when the stadium was built prior to my ownership was an analog system. . . . Now I see these big beautiful digital systems, high-definition systems, in the newest stadiums and we surely want that for the future. 173. Attached hereto as Exhibit 170 is a true and correct copy of a blog post by Dan

Steinberg entitled Redskins to Install HD Video Screens at FedEx, published on the Washington Posts Sports Bog blog on January 19, 2010, and available at http://wapo.st/4G43ks. The post states, in relevant part: Some fans will say its about time, that after living with a scoreboard nicknamed The Lite Brite and a video board that seemed smaller than Albert Haynesworth . . . Theyll talk about the lack of out-of-town scores and in-game stats, and the 28-by-28 feet JumboTron that hadnt been updated in 13 years. 174. Attached hereto as Exhibit 171 is a true and correct copy of a blog post by Kyle

Gustafson entitled Click Click: Paul McCartney @ FedEx Field, published on the DCist blog on August 2, 2009, and available at http://bit.ly/jw5GM8, which reviews the Paul McCartney concert at FedEx Field and observes, in relevant part, that [t]he stage set up, with a video screen behind the band and two giant video screens on the sides of the stage, certainly helped. RR. Official Mattress of Six Flags: Anatomic Global. Over time, Snyder had shown his sponsorship mania by inking deals that gave Six Flags an official mayonnaise and the Redskins an official carpet installer. In June 2009, weeks after the theme park chain filed for bankruptcy, Snyder signed a deal for an official mattress. In the few months before his removal from the board, Snyder actually started selling the mattresses at his theme parks ($1,299 for a queen size). Ex. 1 at 20. Attached hereto as Exhibit 172 is a true and correct copy of a news release from

175.

the Six Flags Great Escape Lodge entitled Six Flags Great Escape Adds Eco-Friendly Mattress to Green Initiative, dated June 23, 2009, and available at http://bit.ly/kuQKWb. A hyperlink in 45

the online version of the Commentary directs readers to this news release, which states, in relevant part: Anatomic Globals brand of eco-friendly memory foam bedding, Ecomfort Mattress, is now the official mattress of the flagship hotel property of Six Flags. SS. Pentagon Flag Hat: A Redskins cap sold for profit by Snyder to commemorate September 11 in time for the fifth anniversary of the 9/11 attacks. Ads boasted that the $23.99 caps, really just black Redskins hats with a red, white, and blue Pentagon sewn on the side, were expected to be worn by the Redskins coaches. No other NFL team put 9/11 commemorative products for sale during the 2006 season, for profit or otherwise. Ex. 1 at 20. A hyperlink in the online version of the Commentary directs readers to the article

176.

by Mr. McKenna entitled Patriot Games, supra, attached as Exhibit 103, which states, in relevant part: On the front page of the teams site was a picture of the sacred cap, called a Pentagon Flag Hat, a black hat with the teams trademark curly R in gold with a patch in the shape of the Pentagon and the colors of the American flag sewn on the side. If the pull of a 9/11 tribute wasnt enough, fans were told in the Web-site copy that the caps are expected to be worn by the Redskins coaches during the Vikings contest. Anybody who wanted to commemorate the deaths of 3,000 or so with a Skins hat would only have to pay $23.99. TT. 177. Snyder had previously added a $4 security surcharge to the ticket prices soon after the attacks. Ex. 1 at 20. Attached hereto as Exhibit 173 is a true and correct copy of an article by Thomas

Heath entitled Redskins Revenue Reaches $300 Million, published in the Washington Post on August 20, 2005, which is also available at http://wapo.st/klyE0H. The article states, in relevant part: The Redskins have raised the price of general admission tickets twice since 1999, in 2000 and again in 2001, when they instituted a $4 per ticket surcharge for security following the September 11 attacks. UU. Redskins Extra Points MasterCard: The only credit card Snyder told fans hed accept for season ticket payments for the 2005 season. He withdrew the demand following a threatened ticketholder revolt and after MasterCard told the Redskins to drop it. Ex. 1 at 20. Attached hereto as Exhibit 174 is a true and correct copy of an article by Tony

178.

Kornheiser entitled Season Ticket: $2,350 . . . Redskins MasterCard: Priceless, published in the 46

Washington Post on January 31, 2005, which is also available at http://wapo.st/iCZPeo. A hyperlink in the online version of the Commentary directs readers to this article, which states, in relevant part: See, now its not only that you have to get your money to the team months and months before the season starts (so the team has access to your money long before you get any product in return) now theres a specific credit card you have to use to get it there so early. A Redskins Extra Points MasterCard, which allows you to redeem those points you accumulate for your charges to acquire a bunch of Redskins gifts. 179. Attached hereto as Exhibit 175 is a true and correct copy of an article by Thomas

Heath entitled Redskins Limit Payment Options, published in the Washington Post on January 30, 2005, which is also available at http://wapo.st/m8DpuK. The article states, in relevant part: The Washington Redskins are for the first time requiring season ticket holders who buy their seats with a credit card to use a Redskins Extra Points MasterCard, a move the club said will ease ticket distribution and increase fan loyalty, but others said could enhance the teams profits over the long term. 180. Attached hereto as Exhibit 176 is a true and correct copy of an article by Thomas

Heath entitled Redskins Drop Payment Policy, published in the Washington Post on February 2, 2005, which is also available at http://wapo.st/ly7hrG. The article states, in relevant part: The Washington Redskins said yesterday they would no longer require season ticket holders who buy their seats with a credit card to use a Redskins Extra Points MasterCard, dropping a policy the team had announced only a week ago. VV. Redskins Unfiltered: Feature on Redskins.com designed to offer fans an a la carte menu of information, as Snyder told The New York Times in 2006. In practice, Unfiltered was mainly used to rebut everything written about the team by The Washington Post. Immediately after the Post ran a story that mentioned players eating fast food at Redskins Park, for example, Snyder staffer Larry Michael produced a long video in which team employees testified that Baja Fresh was NOT fast food. Unfiltered came back to haunt management when players used its video as evidence in a union grievance over contact drills during voluntary workouts. You know how we caught them? said NFLPA chief Gene Upshaw. We saw it on their Web site. Ex. 1 at 20, 22.

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181.

Attached hereto as Exhibit 177 is a true and correct copy of an article by Lorne

Manly entitled Pro Football; Redskins Try to Become the Messenger, published in The New York Times on January 7, 2006, which is also available at http://bit.ly/kC473D. A hyperlink in the online version of the Commentary directs readers to this article, which reports, in relevant part: [J]ournalists who deal with and observe the Redskins see Tuesdays events as a piece of a media strategy that, more than that of other teams, seeks to control the message and harness technology to speak directly to fans, while freezing out or even publicly chastising news organizations they believe have strayed from fair reporting. The Redskins have run at least four strongly worded articles on their Web site attacking The Washington Post for faulty journalism and bad intentions. 182. Attached hereto as Exhibit 178 is a true and correct copy of an article by Jason La

Canfora entitled Redskins Workouts Under Scrutiny from League, Union, published in the Washington Post on June 3, 2005, which is also available at http://wapo.st/lUKSOb. The article states, in relevant part: The Washington Redskins are being investigated by the NFL and the NFL Players Association for possible violations during offseason practices after video of some drills was made available on the clubs Web site. Representatives from the NFL and NFLPA said they are looking into whether the Redskins conducted practices that were too physical and in which offensive and defensive linemen engaged one another in live contact, which is prohibited. 183. Attached hereto as Exhibit 179 is a true and correct copy of an article by

Mr. McKenna entitled Radio Violence: Redskins Keep Using New Media to Go After Old Media, published in Washington City Paper on October 3, 2008, which is also available at http://bit.ly/c7pAZJ. The article states, in relevant part, that the Redskins responded to Washington Post articles reporting that players were fed burritos from Baja Fresh with videos on their website insisting such fare was not fast food. WW. Ringing Endorsement: What Denver Broncos owner Pat Bowlen gave exBroncos coach Mike Shanahan during private conversations with Snyder last year. Bowlen had fired Shanahan after the 2008 season with three years remaining on a massive contract. With Bowlens blessing, Snyder hired Shanahan, thereby taking Bowlen off the hook for about $7 million of the money that was still owed on his contract. Ex. 1 at 22. 48

184.

Attached hereto as Exhibit 180 is a true and correct copy of a blog post by Adam

Schefter published on insider.espn.com entitled Broncos Owner Talks Up Shanahan to Snyder on December20, 2009, and available at http://es.pn/kMC4Mo. A hyperlink in the online version of the Commentary directs readers to this post, which reports, in relevant part: NFL executives spotted and overheard Washington Redskins owner Daniel Snyder and Denver Broncos owner Pat Bowlen at last weeks NFL labor seminar in Dallas engaged in a good solid 10 minutes of Mike-Shanahan-friendly conversation. Snyder was grilling Bowlen on Shanahans attributes, and if there were any questions in the mind of the Redskins owner, Bowlen cleared them up. He gave Shanahan a ringing endorsement, which doesnt bode well for the future of Redskins head coach Jim Zorn. 185. Attached hereto as Exhibit 181 is a true and correct copy of a blog post by

Mr. McKenna entitled Pat Bowlen to Dan Snyder: Take My Ex-Wife, Please!, published on Washington City Papers website on January 6, 2010, which is also available at http://bit.ly/58MQm0. The article states, in relevant part: Turns out Bowlen was still paying off Shanahans huge coaching contract. The only way he could get out of writing more big checks to Shanny was to get some other NFL team to hire the guy hed just fired. Kind of like alimony payments, where you keep paying until somebody marries your ex-wife. 186. Attached hereto as Exhibit 182 is a true and correct copy of an article by Mike

Klis entitled Broncos Owner Bowlen Saves $7 Million as Shanahan Completes Deal With Redskins, published in The Denver Post on January 6, 2010, which is also available at http://bit.ly/kaxFcX. The article states, in relevant part, that Bowlen will be relieved of roughly $7 million in expenses today when the Washington Redskins announce Mike Shanahan as their new coach. XX. Rodgers, Pepper: FedEx official whom Snyder almost made Redskins head coach. Snyder knew he wanted to fire Norv Turner in the middle of the 2000 season, but he didnt have anybody to put in charge. So he contemplated Rodgers, 69, who had never coached in the NFL and whose last coaching stint was with the Memphis Mad Dogs of the CFL. Rodgers main qualification for the Redskins job was that, after FedEx became a Redskins sponsor, he watched games with Snyder in the owners box and told stories about coaching John Riggins at the University of Kansas. Ex. 1 at 22.

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187.

Attached hereto as Exhibit 183 is a true and correct copy of a photograph

accompanying an article entitled The Washington Redskins, published on the personal website of Pepper Rodgers, and available at http://www.pepperrodgers.com/redskins.html. A hyperlink in the online version of the Commentary directs readers to this website, which includes the photograph of Rodgers and Snyder watching a Redskins practice. 188. Attached hereto as Exhibit 184 is a true and correct copy of an article by Skip

Bayless entitled Coaching World Needs a Little Coordination, published in the Chicago Tribune on December 6, 2000, which is also available at http://bit.ly/m3sSiC. The article states, in relevant part: In real life Redskins owner Daniel Snyder, 35, tried to talk former coach Pepper Rodgers, 68, into replacing Norv Turner. YY. Robiskie, Terry: Early Snyder Yes Man. After taking over for Norv Turner as head coach in the middle of the 2000 season, Robiskie confessed he would play Jeff George over Brad Johnson just because thats what the owner wanted. Mr. Snyder owns the football team, Robiskie declared after his first practice as head coach. If I wanted to change my desk, Im going to call him and say I want to change my desk. If I want to change quarterbacks, Im going to call him and say, What do you think of me changing quarterbacks? Its his football team. Ex. 1 at 22. Attached hereto as Exhibit 185 is a true and correct copy of an article entitled

189.

Pre-Parting Shots: Benched QB Johnson Voices Displeasure with Snyder, published on CNNSI.com on December 7, 2000, and available at http://bit.ly/juNGdn. The article quotes Terry Robiskie defending Snyders right to make decisions about players: A lot of people want to separate us from Mr. Snyder. Mr. Snyder owns the football team. I know that. I promise you theres very few things in the building Im going to say I want to change without calling him to say I want to change it. 190. Exhibit 149 (Joseph White, Brad Johnson Takes Shots at Redskins Owner, supra)

also quotes Terry Robiskie making the same statement. ZZ. Safety: Bogus excuse used to get a ban on pedestrian traffic into FedExField on game days in 2000. After a class action lawsuit alleged that the ban was really intended to increase parking revenues at the stadium, the ban was overturned. Ex. 1 at 22.

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191.

Attached hereto as Exhibit 186 is a true and correct copy of an article by

Mr. McKenna entitled Fee for All Parking at FedEx Field: Paying for Parking in the Stadium Lot Even When You Dont Come in a Car, published in Washington City Paper on August 14, 2009, which is also available at http://bit.ly/9CG8QA. A hyperlink in the online version of the Commentary directs readers to this article, which discusses the pedestrian ban and the lawsuit filed by lawyer J.P. Szymkowicz. 192. Attached hereto as Exhibit 187 is a true and correct copy of an article by Joshua

Partlow entitled Walkways At FedEx Will Open for Fans, published in the Washington Post on October 28, 2004, which is also available at http://wapo.st/j3LS7o. The article states, in relevant part: Starting Nov. 14, Washington Redskins fans will again be able to walk to FedEx Field, after a Prince Georges County panel last night lifted restrictions on pedestrian access that had been in place for most of four years. 193. Attached hereto as Exhibit 188 is a true and correct copy of an order issued by the

Prince Georges County Board of Appeals entitled Order of the Board of Appeals, No. AA-1576, dated October 27, 2004, which is also available at http://bit.ly/kDTzRN. The Board held, in relevant part, that the pedestrian restrictions were unlawful, rejected the proffered safety justification for the restrictions, and found instead that the alternate route that pedestrians are required to take, because of the existing pedestrian sidewalk ban, creates a more dangerous situation for pedestrians. Id. at 7. AAA. In 2007, Snyder again cited safety to get offsite parking banned by the town council in Agawam, Mass., home of Six Flags New England. Parking rates at the theme park tripled after his 2005 takeover of Six Flags. When the Agawam council learned about the earlier pedestrian-safety controversy at FedEx, it undid the ban. Ex. 1 at 22. 194. Exhibit 186 (McKenna, Fee for All Parking, supra) states, in relevant part: [T]he Agawam ban fell apart when Michael Palazzi, one of the private lot operators who had to shut down, brought to the attention of Agawams authorities City Papers story about the pedestrian ban Snyder put in place at FedEx and Szymkowiczs lawsuit to have it repealed. The council quickly decided that money was the real motivation for Snyders move, and that the safety argument was as bogus in Agawam as the one the Redskins owner had made 51

in Prince Georges County a few years earlier. The council repealed the pedestrian ban by a unanimous vote. 195. Attached hereto as Exhibit 189 is a true and correct copy of an article by David

Bergengren entitled Agawam Council Repeals Parking Ordinance, published on masslive.com on November 20, 2007, and available at http://bit.ly/mpQqLN. The article states, in relevant part, that the Agawam City Council voted to repeal the parking ordinance, which had originally been enacted after Six Flags New England President Larry D. Litton told city officials he was concerned about pedestrians walking along Main Street in front of the park. BBB. Sanders, Deion: Crown jewel of the fantasy football team Snyder put together during his first offseason as owner, which also included Bruce Smith, Mark Carrier, Jeff George and Adrian Murrell. Snyder signed Sanders to a seven-year, $56 million contract with an $8 million signing bonus. After a debacle of a 2000 season for the team and himself, Sanders refused to report to the Redskins in 2001but declined to return any of his bonus money. Ex. 1 at 22. 196. Attached hereto as Exhibit 190 is a true and correct copy of an article entitled

Deion is Done: Sanders Announces Retirement From NFL, published on CNNSI.com on July 27, 2001, and available at http://bit.ly/kV7SWH. A hyperlink in the online version of the Commentary directs readers to this article, which reports: Deion Sanders retired from the NFL on Friday, striking a deal and cutting his losses rather than report to a Washington Redskins team he had disavowed. 197. Attached hereto as Exhibit 191 is a true and correct copy of an article by

Mr. McKenna entitled Token Achievement, published in Washington City Paper on November 28, 2003, which is also available at http://bit.ly/jUkmqK. The article states, in relevant part, that Sanders run as a Redskin ended with him hiding out with a minor-league baseball team in the Cincinnati Reds organization, saying he wasnt playing football and he wasnt returning any of the $8 million signing bonus hed copped from Snyder. CCC. Several Million Dollars: Amount Snyder was paid by StubHub as part of the Redskins 2008 deal with the online ticket clearinghouse, according to StubHub spokesman Sean Pate. At the time, Snyder had been taking tickets away from season ticketholders for violating teams policy against reselling tickets. The Washington Times reported that the team even repossessed six tickets from the Braloves, a D.C. family that had had them since the 1940s, 52

after Redskins detectives found that theyd put some tickets up for sale on eBay. Ex. 1 at 22. 198. Attached hereto as Exhibit 192 is a true and correct copy of an article by

Mr. McKenna entitled Redskins Endorse Scalping: Snyder Stands to Reap Millions in Deal With Ticket Broker, published in Washington City Paper on July 21, 2006, which is also available at http://bit.ly/cwGvYx. A hyperlink in the online version of the Commentary directs readers to this article, which reports that StubHub spokesperson Sean Pate wouldnt give specifics of the deal but says the arrangement, which includes cooperative promotional components, will be worth several million dollars to the team. 199. Attached hereto as Exhibit 193 is a true and correct copy of a blog post by Dan

Steinberg entitled Steelers Fans, StubHub, Michael Wilbon and You, published on the Washington Posts Sports Bog blog on November 5, 2008, and available at http://wapo.st/iDlXiP. The post states, in relevant part: The Redskins are in the middle of a five-year promotional and marketing deal with StubHub that pays the team six figures a season, but the franchise does NOT get a cut off of individual sales, according to a StubHub spokesman. DDD. Smear Job: Action that Marvin Demoff, agent for Gregg Williams, accused Redskins of taking to pre-empt fan unhappiness over Snyders decision not to hire Williams. A four-year employee of Snyders, Williams was a fan favorite. But the owner reportedly wanted to hire veteran coach Jim Fassel instead. Demoff pointed out that three D.C. media operations reported at about the same time that team sources were saying Williams wasnt fit to be head coach because he had been disrespectful to retiring coach Joe Gibbs. The alleged slight occurred when Williams unilaterally called the Missing Man Formation as a tribute to Sean Taylor after his death. Outcry prevented the team from hiring Fassel, though Williams didnt get the job, either. Ex. 1 at 22. 200. Attached hereto as Exhibit 194 is a true and correct copy of an article by Les

Carpenter entitled Minus One, Redskins Play On, published in the Washington Post on December 3, 2007, which is also available at http://wapo.st/iGNzzr. A hyperlink in the online version of the Commentary directs readers to this article, which reports: Drawn on paper, the play called for 10 living Redskins to fill their normal spots, with their dead teammates name and

53

his No. 21 marked in the 11th. As [Gregg] Williams handed it out Saturday night, he said that even though just 10 players would be on the field, the one missing would still be by their side. 201. Attached hereto as Exhibit 195 is a true and correct copy of an article by Mike

Wise entitled The Coldest Shoulder, published in the Washington Post on January 27, 2008, which is also available at http://wapo.st/iLwiB3. The article states, in relevant part: Then theres the matter of the smear, as Williamss agent Marvin Demoff, royalty among NFL agents, put it. Three media outlets, in a span of about eight hours, credited team sources in reporting Williams was out as a candidate because he had been disrespectful to Gibbs. EEE. Smith, Bruce, Rear End Of: The only thing fans who bought the first run of Snyders Dream Seats had a great look at. Before the 2000 season, Snyder installed 1,488 field level seats at FedEx Field. To that point in football history, the front rows were regarded as the worst vantage point in a stadium, since the players on the sideline block the view, and were priced accordingly. Snyder charged $3,000 per Dream Seat. Ex. 1 at 22. 202. Attached hereto as Exhibit 196 is a true and correct copy of an article by

Mr. McKenna entitled Look Back in Anger, published in Washington City Paper on November 10, 2000, which is also available at http://bit.ly/9VuUXx. A hyperlink in the online version of the Commentary directs readers to this article, which states, in relevant part: [Snyder] added two rows of seats to FedEx Field at field level, the worst view in any stadium and the cheapest seats in everybody elses house, then had the gonads to dub them Front Row Dream Seats and charge an unfathomable $3,000 per ticket. Unless you dream of Bruce Smiths ass, a buddy of mine said at the time, those aint dream seats. 203. Exhibit 173 (Heath, Redskins Revenue Reaches $300 Million, supra) recounts, in

relevant part, that, Snyder boosted the number of luxury suites from 199 to 208, installed 500 more loge seats, established an owners club class of 35 super suites and added 1,488 dream seats ringing the field each of which he sells at premium prices. FFF. Sponsored Sponsors: A technique created by the Redskins Broadcast Network in the Snyder era to cram in all the advertising sold on Redskins radio broadcasts. No segment of a Skins game goes unsponsored, leading to fabulous listening moments such as: The GMRI scoreboard brought to you by McDonalds. Ex. 1 at 22.

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204.

Attached hereto as Exhibit 197 is a true and correct copy of an article by

Mr. McKenna entitled Curt Shilling: Redskins Radio Doesnt Let the Game Get in the Way of Pitchmanship, published in Washington City Paper on September 30, 2005, which is also available at http://bit.ly/aIV8f6. The article states, in relevant part: Theres nothing new about sponsorship in sports broadcasting. But Redskins games, where the on-field action is never allowed to get in the way of a paid plug, have taken the concept where no one has gone before. On Redskins radio, there actually are sponsors for sponsors: Several times during the Dallas broadcast, Michael introduced the results of the weekends other NFL games by saying, The GMRI scoreboard is brought to you by McDonalds Restaurants. GGG. Sports Jerk of the Year: Award conferred upon Snyder in 2001 in cartoon strip Tank McNamara. Ex. 1 at 22. 205. Attached hereto as Exhibit 198 is a true and correct copy of a cartoon strip by Jeff

Millar and Bill Hinds entitled Tank McNamara, published on March 2, 2001, and available at http://bit.ly/lFvZb4. A hyperlink in the online version of the Commentary directs readers to this cartoon strip conferring the award of Sports Jerk of the Year upon Washington Redskins owner Daniel Snyder. HHH. Weasel Stew: Menu item at the Princess Restaurant in Frostburg, Md., conceived in 2000 after the Redskins broke their training-camp lease with the local college. Jack Kent Cooke and Maryland lawmakers had worked out a 10-year, $331,000-per-year deal, designed to bring tourist dollars to western Maryland, as part of the agreement that brought the Redskins to Prince Georges County. Shortly after buying the team, Snyder defaulted on the deal so he could hold training camp at Redskins Park, where he charged $10 admission and $10 parking. In 2001, Snyder paid the school $750,000 to settle the matter. The school used the money to establish an endowment named for Cooke. Ex. 1 at 22. 206. Attached hereto as Exhibit 199 is a true and correct copy of a news release

entitled Cooke Memorial Fund Established at Frostburg State University, published on frostburg.edu on May 1, 2001, and available at http://bit.ly/lbP0Ca. A hyperlink in the online version of the Commentary directs readers to this news release, which states, in relevant part: Frostburg State University has chosen to place the $750,000 paid in settlement from the

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Washington Redskins in a new endowment to be named the Cooke Memorial Fund in honor of the late Jack Kent Cooke, former owner of the NFL team. 207. Attached hereto as Exhibit 200 is a true and correct copy of an article by Scott

Shane entitled In Frostburg, Residents Get Taste of Life Without Redskins Training Camp, published in The Baltimore Sun on July 23, 2000, which is also available at http://bit.ly/ip5I7v. The article states, in relevant part: In town, business owners were keeping their upper lips stiff, although they noted that the summer training camp was a nice boost for the summer weeks when most of the universitys 5,000 students are not around. We had the Hog Dog and the TD Burger and we had the whole place decked out in burgundy and gold, recalled George Pappas, 49, whose family has operated the Princess Restaurant on Main Street for 61 years. Now that Snyder has snatched away the team, he says, Im thinking of coming up with a weasel stew. III. Vanilla: Flavor of ice cream that Snyder left to thaw in defensive coordinator Mike Nolans office TWICE in one season to let the coach know the owner felt his schemes were simplistic, or vanilla. John Feinstein wrote that Snyders second delivery, after a loss to Dallas, consisted of three giant canisters of melting 31 Flavors ice cream and a note that said I do not like vanilla. Ex. 1 at 22. Attached hereto as Exhibit 201 is a true and correct copy of a blog post by Larry

208.

Brown entitled Daniel Snyder Does Not Like Vanilla Ice Cream, So Says Mike Nolan, published on larrybrownsports.com on August 1, 2007, and available at http://bit.ly/SSUng. A hyperlink in the online version of the Commentary directs readers to this post, which describes Feinsteins use of the anecdote in his book, Next Man Up. 209. Attached hereto as Exhibit 202 is a true and correct copy of an article by Kevin

Lynch entitled Snyder Meltdowns Lesson for Nolan published in the San Francisco Chronicle on October 23, 2005, which is also available at http://bit.ly/jjBOj7. The article states, in relevant part: Nolan failed to convince owner Dan Snyder, who had an unusual way of communicating. Snyder told the media that Nolans defenses were vanilla, and even delivered melting ice cream to Nolans office to emphasize the point. But Nolan discovered that Snyder was far from a good humored man. It happened twice, Nolan said of the ice cream deliveries. The first time, rapidly 56