Todd V.

McMurtry
tmcmurtry@HemmerLaw.com

February 1, 2019

Re: John Doe, et al. v. XXXXXXX

Kenton County Circuit Court Case No. TBD
Demand that Relevant Information be Preserved

Dear XXX,

Our law firm represents the family of Nick Sandmann regarding the
unfortunate incident in Washington D.C. on January 18, 2019, and the XXXXX’s
response to same (the “Sandmann Matter”). I write on behalf of our clients to
notify you of your obligation to preserve information that may be relevant to
potential litigation between our clients and the XXXXX. Please forward this
letter to your legal counsel immediately.

Please preserve all information that may be relevant to the Sandmann

Matter. If our clients pursue litigation, we intend to serve the XXXXX with
discovery requests to access your computer networks and systems, and to seek
the production of relevant documents1 and communications.2 Accordingly, you

1 “Document” means all writings or recordings of any kind in the form of pictures,
letters, words, or numbers, or their equivalent, set down by handwriting, typewriting,
printing, photostatting, photographing, magnetic impulse, mechanical or electronic
recording, or other form of data compilation, including but not limited to, all
agreements, correspondence, records, ledgers, contracts, bills, invoices, bills of lading,
inventories, financial data, memoranda, notes or other writings, formal or informal in
nature, accounting and financial records, diaries, minutes, agendas, publications,
calendars, telephone pads, telephone logs, bulletins, directives, logs, listings, statements,
telegrams, drafts, work papers, paper and magnetic tapes, computer disks and printouts,
CD-Rom discs, electronically or magnetically stored information or data, microfiche,
microfilm, charts, graphs, maps, schematics, videotapes, drawings, blueprints,
topographical surveys and photographs, in your actual or constructive possession,
custody or control or of which you have knowledge of the existence, and whether
prepared, published or released by you or any other person or entity. The term
“document” shall include any copy, which differs in any respect from the original or other
versions of the document, such as copies containing notations, insertions, corrections,
marginal notes or any other variations.
2 The term “communication” means every manner of disclosure or exchange, and every
disclosure or exchange, of information, whether orally or by document or whether face-to-
face, by telephone, mail, electronic mail, personal delivery, or otherwise.
February 1, 2019
Page 2

must preserve all information and documents relating to the Sandmann Matter
during the period from January 17, 2019 to the present. This obligation extends
to all persons or entities controlled by, or affiliated with, XXXXXX. The
information to be preserved includes, without limitation, the following:

• All communications between you and any person or entity

concerning Nick Sandmann;
• All communications between you and any person or entity
concerning the Sandmann Matter;
• All documents and communications relating in any way to Nick
Sandmann;
• All documents and communications relating in any way to the
Sandmann Matter; and
• All drafts of any press releases issued by the XXXXX.

The Kentucky Rules of Civil Procedure and applicable case law explicitly
provide that electronic documents are discoverable to the same extent as paper
documents. Accordingly, your preservation obligations include all electronic
information in “electronic data storage devices”3 and/or “removable electronic
media.”4 Until an agreement is reached on protocols to discover electronic
documents, we hereby demand that you take all necessary steps to preserve all
electronic documents and take the following steps to prevent the destruction of
relevant information and evidence:

• Preserve all electronic mail and information about electronic mail

(including message contents, header information and logs of
electronic mail system usage);
• Preserve all data bases (including all records, fields and structural
information in such databases);
• Preserve all logs of activity on computer systems that may have
been used to process or store electronic data;
• Preserve all word processing files and file fragments;
• Preserve all electronic data and file fragments created by
application programs that process financial, accounting, billing, and
claims processing information;
• Preserve all electronic files and file fragments containing
information from electronic calendars and scheduling programs;

3 The term “electronic data storage devices” means any and all media where electronic
information may be stored, including without limitation: online data storage on mainframes
and minicomputers; “Cloud” or other internet-based storage devices of any kind or
description; desktop computers, laptop computers, tablets, hard drives, smart phones, etc.
4 The term “removable electronic media” means any device used for temporary storage
including without limitation: disks, diskettes, flash drives, memory cards, portable drives,
etc.
February 1, 2019
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• Preserve all electronic data files and file fragments created or used
by electronic spreadsheet programs;
• Do not modify, alter, erase or delete any electronic data files that
are maintained in on-line storage and/or direct access storage
devices that exist as of the delivery of this letter;
• Do not to dispose of, discard, sell, or otherwise transfer any
electronic data storage devices or removable electronic media;
• Stop any activity that may result in the loss of electronic data used
for off-line storage, including magnetic tapes, cartridges and other
media. These activities include rotation, destruction, overwriting
and/or erasure of such media in whole or in part.
• Preserve any electronic data storage devices and/or media that may
contain electronic data that may be replaced due to failure,
upgrade, or any other reason;
• Do not perform any other procedures (such as data compression or
disk de-fragmentation or optimization routines) which may impact
any data on any storage media;
• Where due to unavoidable circumstances electronic data may be
lost, make true and correct copies of all data, active files, completely
restored versions of deleted electronic files and file fragments, all
directory listings (including hidden files) for all directories and
subdirectories containing such files;
• Reserve copies of all application programs and utilities that may be
used to process electronic data; and
• Maintain an activity log that records all modifications made to any
electronic data processing system that may affect the system’s
capability to process any electronic data.

Please immediately deliver a copy of this letter to all persons who are
responsible for your computer networks and systems, all persons who are
responsible for your record management program, and all persons who otherwise
might have access to documents that relate to the Sandmann Matter. Failure to
comply with this notice could result in sanctions being imposed by the Court for
spoliation of evidence or potential evidence. Please confirm in writing that you
have received this letter, that you understand your preservation obligations, and
that you will honor these obligations.

When you retain legal counsel, please have that person call me with any
questions. Thank you very much.

Sincerely,

Todd V. McMurtry
February 1, 2019
Page 4

cc: L. Lin Wood, Esq.

The Sandmann Family