AO

ggB
(Rev. I2l13) Subpoena ro l,roduce l)ocumcnls, Inforrnation, or Objects or to Pennii lnspection ofPrelnises in a Clvll Aclion
LJNtrep Srerrs Dtsrrucr Counr
for the
District of Colunibia
Shirley Sherrod
Plaintill
v,
Andrew Breitbart, et al,
De/endant
suBpoENATO PRODUCE DOCUMENTS,
INFORMATION, OR OBJECTS
oRToPER]VIITINSPECTIONoFPREMISEStNACIVILACTION
d
production; you
ARE CSMMANDED to produce at the time, date, and place set forth below the following
documeng, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the
material: See Schedule A
Civil Aclion No.
11-00477
(RJL)
a612612014 10:00 am
Place:
"7o
Thomas Clare
Clare Locke LLP
902 Prlnce Street. Alexan driaY A 22314
a Inspection of
premises: you
ARE COMMANDED
to permit entry onto the designated premises, land, or
other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party
may inspect, measure, survey, photograph, test, or sample the property or any desiglated object or operation on it'
The following provisions of Fed. R. civ. P. 45 are attached
-
Rule 45(c), relating to the placeof compliance;
Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to
respond to this subpoena and the potential consequences ofnot doing so'
Date:
0611012014
CLERKOFCOURT'
Signature of Clerk or DeputY Clerk
The name, address, e-mail address, and telephone number of the affomey representing (name ofpartv)
Shirley Sherrod
,
who issues or requests this subpoena, are:
Alex Stege, Kirkland & Ellis LLP, 655 Fifteenth Street N.W., Washington, D.C' 20005
trmail' alav^nder stege@kirklend nnm Telefrhnnp' (^O?) 8zq-6OOO
Notice to the person who issues or requests this subpoena
A notice and a copy ofthe subpoena must b; served on each party in this case before it is served on the person to whom
if ili difected.' Fed; K CiV. Pl45(aX4):
OR
t.
SCHEDUI,E A
Definitions
For the purposes of this Schedule, the following definitions shall apply:
"You" and "Your"
means John Christian Adams and each of your present and former
affiliates, agents, assigns, reprcsentatives,
employees, officers,
predecessor entities,
successor entities, aftorieys, and any person acting or purporting to act on John Christian
Adams's behalf.
,,Andrew
Breitbart" means Andrew Breitbart, the individual named as a defendant in the
lawsuit captioned in the attached subpoena, and each of his present and former affiliates,
companies, agents, assigns, representatives,
employees,
predecessors' successors'
attorneys, and any person lcting oi purporting to act on Andrew Breitbart's behalf.
"Larry O'Connor" means Larry O'Connor,
a defendant in the lawsuit captioned in the
attached subpoena, and each of ni. present and former affiliates, companies, agents'
assigns, repreSentatives,
employees,
predecessors' successors, attorneys, and any person
acting or purporting to act on Larry O'Connor's behalf'
"John Doe" means the individual referred to as "John Doe" in the complaint Plaintiff
Shirley Sherrod filed on February 1l,2}ll, in the Superior court for the District of
Columbia, and each of his or her present and former affiliates, companies' agents'
asSignS, representatives, employees,
predecessors, successors, attorneyS, and any person
acting or purporting to act on John Doe's behalf'
,.shirley
Sherrod,, means Shirley Sherrod, the Plaintiff in the lawsuit captioned in the
attached subpoena.
.,Shirley
Sherrod's Speech" means Plaintiff Shirley Sherrod's March 27,2010 speech to
the Coifee County NaaCp during its 20th Annual Freedom Fund Banquet in Douglas,
Georgia.
"July 19, 2010 Blog Post" means the blog post on BigGovernment'com
entitled "Video
rroi| The NAAC?
Awards
Rocism-2010,"
hffp;l biggovernment.com
/ abreitbart/ZO I 0 I Q7 I 19 I video-proof-the-naacp-awards-
,u.is*ZdIO/, including the statements, video recordings, and other content embedded or
contained therein.
o,Communication"
means any oral, written, or electronic utterance, notation, statement, or
communication of any natuie whatsoever, by and to whomever made, including, but not
limited tO, correspondence, conversations,
dialogues, discussions, interviews,
consultations, and other understandings between or among two or more persons, whether
face-to-face, or by telephone, fax, letter, email, instant-messenger
service, text message,
SMS message, MMS message, mobile- or cellular-communication
service (e.g',
BlackBerry Messenger), website, social-media
service, or any other means.
2.
3.
4.
7.
8.
5.
6.
9. "Alteration" uteans any change whatsoever to the form, subslance, conlent,
presentation,
or medium of any Document, including any additions, changes, modiflcations. deletions,
edits, manipulations, production work, revisions, variations, transformations, adaptations,
adjustmenti, substituiions, splices, excerpts, convcrsions, and any modification that
would cause a viewer to see, h"ur or perceive the media differently. "Alteration"
includes
but is not limited to the addition oltitles, text, slides, transitions, captioning, comments,
statements, or opinion, or combining multiple video or audio segments'
"ESI" means electronically stored information'
,.Document,,
is an all-inclusive term with the broadest possible meaning accorded to it
under case taw and the Federal Rules of Civil Procedure, and means the original
(or a
true and accurate copy if the original is not available) and each non-identical
copy (which
is non-identical because of alterations, attachments, blanks, comments, notes,
underlining, or otherwise) of any writing or record (whether in tangible, electronic, or any
other formJ in Your actual or ionstructive
possession, custody, or control, including all
documents You have provided to Your counsel. "Document" shall include, but is not
limited to, an electroni" o. computerized
data compilation
(including email and,other
computer-readable files), whetlter or not printed, stored, or displayed, and any
pr"li1ninary versions, Orutt, or reviSions thereol Communication,
memorandum,
letter,
"o.."rponi.nce,
electronic mail, blog
post, internet post, report, note, message slip,
telephone log or record, diary,
journal, calendar, electronic organizet entry, writing'
drawing, sp[adsheet,
piesentation, Iedger, minutes, financial report or record, draft,
facsimile, contract, invoice, record of purchase or sale, graph, chart, photograph, videO or
audio recording, transcript, index, directory, or any other written,
printed, typed,
punched, tapedl filmed, or graphic matter however produced, stored, or reproduced'
"Document"
also includes any post-it, file, folder tabs, and labels appended to or
containing any Documents, as well as any metadata applicable to any Document'
The terms "Relating
To" and/or "Reflecting"
mean relating to, reflecting, concerning'
referring to, constifuting, embodying, connected to, in connection with, comprising,
regardirig, evidencing, describing, identif,ing, stating, analyzing, and/or containing
irformation concerning. It shall be construed to have the broadest possible meaning.
Instructions
The following rules of construction apply: (a) the singular shall include the plural and
vice versa;
1Uy
ttre masculine, feminine, or neutral pronoun shall not exclude other
genders; (c) the connectives "and" and "or" shall be read either disjunctively or
Ionjunctiveiy as necessary to bring within the scope of these subpoena requests all
,.rionr", that might otherwise be construed to be outside their scope; (d) the terms
"ury," "all," or
t'Jach"
shall be read to mean any' all, each, and every; (e) the word
"including" shall be read to mean including without limitation; (0 the present tense shall
be construed to include the past tense and vice versa; and (g) references to employees,
officers, directors, or agents shall include both current and former employees, officers,
directors, and agents.
10.
il.
12.
l.
2. Thissubpoenacallsfortheproductiono-fDocumentsthatarein.theactualorconstructive
possession,
cusrody,
J ##;ffi'iln
-crrrlrriun
edurr.
'"gu'dless
of location'
including
in the
posserrion,
t"iil'
"'
**t"r
of uny l"ttnt
or former
attornev(s)'
consultant(s)'
expert(s),
and agent(s).
ri,u
"opy
of u,"qu",-t"a.bo.uIn"nt
is-not
identical
to any other
il;;;ii,;+-13:';jii"'f,i'tril,:'Lffi **#it'ti,lJTi;!iJ,i,"Xli;-,kill
H:;':ili:Ti
ff i::Hf
il;;J;;;;'
sr' at i ue I e ft so attached
IfanyDocumentcalledforherebywas,formerlyinthe.pgt::::lT'custody'orcontrolof
John christiun
aau*rlnJ
nu, u".n
lost ora"riiov"a,
that Document
is to be identified
in
writing
bv:
(a)
"ddtJ#";li'"t'""'
*ai;;
P;";'
who
prepared
or authorized
the
Document;
(b) date of preparatio,
o, *unr*i"nai; ic)
suuje-:t
matter:
(d) number
of pages'
attachments,
o' uro*[t;;;?'
att
.peruon''i"
i'i'"*"aistributed;
(0 date
of loss' or
destruction;
and
(g);i^;;;t';ytd'
'1"
*'*"t
of destruction'
reason
for destructton'
Persons
authorizing
a"'t*"ti""'
and Persons
destroying
the Document'
AllDocumentsaretobeproduc:9t"llti:entirety'withoutabbreviationorexpurgation'
includingbothbacku,ono,.thereof,*i,t,utt,attachmentsorothermattersaffixed
thereto.
YoushallproduceresponsiveDocumentsastheyhave.bellkeptintheusualcourseof
business
or shall
*r;"'l#';;
i;;i;;"*
;;;6;"d
to the enumerated
Items
Subiect
to Subpoena.
rf tnere
is no Documen,
r.rririrr;;;t
particular
category'
You shall
so
state in writing'
_ 1-.-
.ts
native
format,
or as
JJ.lJf
[+ii$Tily"J,i:'ff"""'1"::#iH""l]0"#'l'lo'*t*'h;;;il"".r'sr
If You object
to any
part of this subpoena'
You
'l'J
:'"t
forth Your
basis
for the
obiection
una,"'po'lJt#ti;il;;;;bp*'ato
which You do not object'
IfinthecourseofrespondingtothissubpoenaYoySn,coulrteranyambiguityina
definition
or in an i;rffiffi
Jxplain'**du,-
vou find to be ambiguous
and what
const
u"tion
You used
in providing
Your answer'
Ifproductionofanyrequested.Docull{.isobjectedtoonthegroundsthatproductionis
unduly
burdensome,
describe
the undue
burden'
IfanyinformationcalledforbythissubpoenaiswithheldbecauseYouclaimthatsuch
information
t, pro,.i"i*frJrn
iir.ou.,v
6il;;;"y
work
product doctrine
or by any
privilege
or protection
from disclosrr",.o/"uii*iu
a"r"riptio,
,f the basis
of the claimed
orivilege
or protectiJn
;;;';ll
i;fb*"ti""l.t.tt".y
forthS
court and Plaintifr
to assess
ihe claim of privileg-e
r"
""*ro"r."
*itlr."ppri""LJ"'r"a"*l
and local rules'
including:
(a)
the rype orno,u*J'it;'it)
;.;;*;i'l
;'bj:$
#;;'
;;il Do'u'n'n"
(c) the date orthe
Document;
and
(d) such other
inror*uti'o'i';;-;rffi"ient
to identis
the Document'
including,
where appropriate'
the autho-r'-a"i;;;'
custodian'
and any other
recipient
of
rhe Document,
and
where
not uppur.,i]lt'"*'"iutionship
of the author'
addressee'
custodian,
and any other
recipient
to each
other'
7
3.
4.
5.
6.
7.
8.
9.
10.
ll. No paragraph of the ltems Subject to Subpoena
other paragraph for purposes of lirnitation.
12. The specificity of any request herein shall not
reach ofany other request herein.
shall be construed with reference to any
be construed to limit the generality or
13. Unless otherwise stated, the time period for these Requests shall be March 27,2010 to
the present.
Items Subject to SubPoena
l. All Documents Relating To Shirley Sherrod'
Z. All Documents Relating To Shirley Sherrod's Speech, including but not limitcd to any
video recording, audiJrecording,
excerpt, broadcast, blog post, or news afticles of
Shirley Sherrod",s Speech and/or about Shirley Sherrod's Speech, and any Alterations or
media response thereto.
3. All l)ocuments Relating To the July 19, 2010 Blog Post, including AII Documents
Relating To or Reflectirig any Alteraiion of the July 19,2010 Blog Post after its initial
publication onfuty lg, fil},- including the addition of the statement "Correction: While
Ms. Sherrod made the remarks captured in the first video featured in this
post while she
held a federally appointed
position, the story she tells refers to actions she took before she
held that federal
Position."
4. AII Documents Relating To or Reflecting any Communication
by' between, or among
you,
Andrew Breitbartl Larry O'Connor, John Doe, and/or any employec, officer, or
other person acting on uehalf of Breitbart.com, BigGovernment.com,
or any other
Breitbart enterprise"Relating
To (a) Shirley Sherrod,
(b) Shirley Sherrod's Speech, and/or
(c) the July 19,2010 BIog Post.
5. All Documents Relating To or Reflecting any Communication by, between, or among
you
and any other p..rJ, Relating To (a) Shirley Sherrod,
(b) Shirley Sherrod's Speech,
and/or (c) the July 19, 2010 Blog Post.
your
production of these materials to Thomas Clare at the offices of Clare Locke
LLP at902 Prince Street, Alexandria,VA22314
on June 26,2014 at 10:00 a'm' will be
excused if you send copies of the requested materials on or prior to that date and time to:
Alex Stege
Kirkland & Ellis LLP
655 Fifteenth Street N.W.
Washington, D.C.20005
Telephone: (202) 879-5000
Email: alexander.stege@kirkland.com