SUPERIOR COURT OF THE DISTRICT OF COLUMBIA CIVIL DIVISION __________________________________________ MICHAEL E. MANN, PH.D., ) Case No.

2012 CA 8263 Pennsylvania State University ) Department of Meteorology ) Judge Natalia M. Combs Greene University Park, PA 16802, ) ) Plaintiff, ) Next Scheduled Event: v. ) Status Hearing, Oct. 11, ) 2013, 9:30 a.m. NATIONAL REVIEW, INC. ) 215 Lexington Avenue ) New York, NY 10016, ) ) COMPETITIVE ENTERPRISE INSTITUTE, ) ) - and ) ) RAND SIMBERG, ) ) - and ) ) MARK STEYN ) c/o National Review, Inc., ) 215 Lexington Avenue ) New York, NY 10016, ) ) Defendants. ) ) DEFENDANT MARK STEYNS AND NATIONAL REVIEWS SPECIAL MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT PURSUANT TO D.C. ANTI-SLAPP ACT (D.C. CODE 16-5501 et seq.) AND RULE 12(B)(6) MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM Pursuant to the District of Columbia Anti-SLAPP Act of 2010, D.C. Code 16-5501, et seq. (the Act), and Superior Court Rule 12(b)(6), and for the reasons already stated in support of Defendants prior Motions to Dismiss, Defendants National Review, Inc. and Mark Steyn hereby move to dismiss Plaintiffs Amended Complaint with prejudice. Because Plaintiffs Amended Complaint merely adds an additional Count VII, alleging that Defendants Jerry Sandusky-related commentary was defamatory, there is no reason to

repeat briefing on Counts I through VI of the Plaintiffs Original Complaint, and Defendants Mark Steyn and National Review, Inc. merely renew the arguments already stated on those claims and incorporate here their prior Memorandum of Points and Authorities in Support of their Special Motion to Dismiss and Rule 12(B)(6) Motion to Dismiss as support for the current motion. See Memorandum In Support of Special Motion to Dismiss Pursuant to D.C. AntiSLAPP Act and Motion to Dismiss Pursuant to D.C. Super. Ct. Civ. R. 12(B)(6) of Defendants National Review, Inc. and Mark Steyn (filed Dec. 14, 2012) (the Memorandum). With respect to the new Count VII added by the Amended Complaint, Defendants have also already addressed the claim alleged in Plaintiffs Original Complaint as well that the Jerry Sandusky-related metaphor defamed Plaintiff Michael Mann. See Memorandum at 2728. Nonetheless, in light of Plaintiffs clarification that he seeks relief for that Count, they address Count VII in the attached Memorandum of Points and Authorities. Rule 12-I(a) Certification The undersigned counsel certifies that he consulted with Plaintiffs counsel on July 11, 2013, and Plaintiff does not consent to the relief sought in this Motion. Request for Fees and Costs The Act provides that [t]he court may award a moving party who prevails, in whole or in part . . . the costs of litigation, including reasonable attorneys fees. D.C. Code 165504(a). In the event they prevail in whole or in part, Defendants respectfully request that the Court permit them to submit an application for attorneys fees and costs with respect to the fees incurred in filing both this motion and all previous proceedings in this case. Id.

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Request for Hearing D.C. Code 16-5502(d) requires an expedited hearing on a special motion to dismiss filed pursuant to the Act. Defendants respectfully request such a hearing. Under D.C. Code 16-5502(c)(1), discovery on the claims stated in the Amended Complaint shall be stayed until this Motion has been decided. Dated: July 24, 2013 Respectfully submitted, /s/ Shannen W. Coffin Shannen W. Coffin (D.C. Bar No. 449197) Chris Moeser (Pro Hac Vice) 1330 Connecticut Avenue, NW Washington, DC 20036-1795 Telephone: (202) 429-6255 Facsimile: (202) 429-3902 Email: scoffin@steptoe.com Counsel for Defendants National Review, Inc. and Mark Steyn

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CERTIFICATE OF SERVICE I hereby certify that on this 24th day of July, 2013, I caused a copy of the foregoing Special Motion to Dismiss Plaintiffs Amended Complaint Pursuant to D.C. Anti-SLAPP Act and 12(b)(6) Motion to Dismiss Plaintiffs Amended Complaint for Failure to State a Claim to be served by CaseFileXpress upon the following: John B. Williams Bernard S. Grimm Catherine Rosato Reilly COZEN OCONNOR 1627 I Street, N.W. Suite 1100 Washington, DC 20006 Peter J. Fontaine COZEN OCONNOR 1900 Market Street Philadelphia, PA 19103 Counsel for Plaintiff David B. Rivkin, Jr. Bruce D. Brown Mark I. Bailen Andrew M. Grossman BAKER HOSTETLER LLP Washington Square, Suite 1100 1050 Connecticut Avenue, NW Washington, DC 20036 Counsel for Competitive Enterprise Institute and Rand Simberg /s/ Shannen W. Coffin Shannen W. Coffin

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SUPERIOR COURT OF THE DISTRICT OF COLUMBIA CIVIL DIVISION __________________________________________ MICHAEL E. MANN, PH.D., ) Case No. 2012 CA 8263 Pennsylvania State University ) Department of Meteorology ) Judge Natalia M. Combs Greene University Park, PA 16802, ) ) Plaintiff, ) Next Scheduled Event: v. ) Status Hearing, Oct. 11, 2013, ) 9:30 a.m. NATIONAL REVIEW, INC. ) 215 Lexington Avenue ) New York, NY 10016, ) ) COMPETITIVE ENTERPRISE INSTITUTE, ) ) - and ) ) RAND SIMBERG, ) ) - and ) ) MARK STEYN ) c/o National Review, Inc., ) 215 Lexington Avenue ) New York, NY 10016, ) ) Defendants. ) ) PROPOSED ORDER

Upon consideration of the Special Motion to Dismiss Plaintiffs Amended Complaint and Rule 12(b)(6) Motion to Dismiss Plaintiffs Amended Complaint for Failure to State a Claim filed by Defendants National Review, Inc. and Mark Steyn, and good cause appearing therefore, IT IS HEREBY ORDERED that the motion is granted, and the Amended Complaint in this matter is dismissed with prejudice.
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DATED this ___ day of ______________, 2013. Natalia M. Combs Green JUDGE (Signed in Chambers) COPIES TO:
Shannen W. Coffin Chris Moeser STEPTOE & JOHNSON LLP 1330 Connecticut Avenue, NW Washington, DC 20036-1795 scoffin@steptoe.com cmoeser@steptoe.com Counsel for Defendants National Review, Inc. and Mark Steyn John B. Williams Bernard S. Grimm Catherine Rosato Reilly COZEN OCONNOR 1627 I Street, N.W. Suite 1100 Washington, DC 20006 Peter J. Fontaine COZEN OCONNOR 1900 Market Street Philadelphia, PA 19103 Counsel for Plaintiff Bruce D. Brown Mark I. Bailen Andrew M. Grossman David B. Rivkin BAKER & HOSTETLER LLP Washington Square, Suite 1100 1050 Connecticut Avenue, N.W. Washington DC 20036-5304 Counsel for Competitive Enterprise Institute and Rand Simberg

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