Case 3:13-cv-02519-GPC-WVG Document 233 Filed 06/10/16 Page 1 of 4 1 2 3 4 DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROA ST. SUITE 2400 LOS ANGELES, CALIFORNIA 90017-2566 TELEPHONE (213) 633-6800 FAX (213) 633-6899 KELLI L. SAGER (State Bar No. 120162) kellisager@dwt.com ALONZO WICKERS IV (State Bar No. 169454) 6 alonzowickers@dwt.com 7 DAN LAIDMAN (State Bar No. 274482) danlaidman@dwt.com DIANA PALACIOS (State Bar No. 290923) 8 dianapalacios@dwt.com 5 9 Attorneys for Media Intervenors CABLE NEWS NETWORK, INC. (“CNN”); CBS BROADCASTING INC.; CBS 11 INTERACTIVE INC.; TRIBUNE PUBLISHING COMPANY; NBCUNIVERSAL MEDIA, LLC; 12 ABC, INC.; THE NEW YORK TIMES COMPANY; and WP COMPANY LLC D/B/A 13 THE WASHINGTON POST 10 14 UNITED STATES DISTRICT COURT 15 SOUTHERN DISTRICT OF CALIFORNIA 16 17 ART COHEN, Individually and on Behalf of All Others Similarly Situated, 18 19 20 Plaintiff, vs. DONALD J. TRUMP, 21 Defendant. 22 23 24 Case No. 3:13-cv-02519-GPC-WVG NOTICE OF MOTION AND MOTION OF MEDIA INTERVENORS TO INTERVENE AND FOR AN ORDER MODIFYING STIPULATED PROTECTIVE ORDER Judge: Date: Courtroom: Time: Hon. Gonzalo P. Curiel June 30, 2016 2D 1:30 p.m. [Memorandum of Points and Authorities, and Declaration of Diana Palacios with Exhibits A-E Filed Concurrently] 25 26 27 28 NOTICE OF MOTION AND MOTION TO INTERVENE & TO MODIFY STIPULATED PROTECTIVE ORDER DWT 29442403v3 0026517-000166 Case 3:13-cv-02519-GPC-WVG Document 233 Filed 06/10/16 Page 2 of 4 1 2 TO ALL PARTIES AND THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE that on June 30, 2016, at 1:30 p.m., or as soon 3 thereafter as the matter may be heard, before the above-referenced Court, located at 4 221 West Broadway, San Diego, CA 92101, Courtroom 2D, non-party press 5 organizations Cable News Network, Inc. (“CNN”); CBS Broadcasting Inc.; CBS 6 Interactive Inc.; Tribune Publishing Company; NBCUniversal Media, LLC; ABC, 7 Inc.; The New York Times Company; and WP Company LLC d/b/a The Washington 8 Post (collectively, the “Media Intervenors”) will and hereby do move to intervene in 9 this matter for the limited purpose of modifying the stipulated First Amended 10 Protective Order to remove the confidentiality designations to portions of the 11 videotaped depositions of defendant Donald J. Trump taken on December 10, 2015, 12 and January 21, 2016 (“Trump Depositions”), to permit the public filing and 13 dissemination of the complete transcripts and videotapes of these depositions. 14 This Motion is made on the following grounds: 15 1. The press has standing to assert the public’s – and its own – right of 16 access to court records and proceedings. See Globe Newspaper Co. v. Superior 17 Court, 457 U.S. 596, 609 n.25 (1982) (“representatives of the press and the general 18 public must be given an opportunity to be heard on the question of their exclusion”). 19 See Memorandum, Section II. As the Ninth Circuit has held, non-parties must be 20 permitted to intervene for the purpose of challenging limitations on the right of 21 access, including protective orders governing the disclosure of discovery materials. 22 See Beckman Industries, Inc. v. Int’l Ins. Co., 966 F.2d 470, 473 (9th Cir. 1992) 23 (allowing non-party to intervene to challenge protective order); see also EEOC v. 24 National Children’s Center, Inc., 146 F.3d 1042, 1046 (D.C. Cir. 1998) (federal rules 25 permit third parties to intervene “for the limited purpose of seeking access to 26 materials that have been shielded from public view either by seal or by a protective 27 order”) (emphasis added). 28 1 NOTICE OF MOTION AND MOTION TO INTERVENE & TO MODIFY STIPULATED PROTECTIVE ORDER DWT 29442403v3 0026517-000166 Case 3:13-cv-02519-GPC-WVG Document 233 Filed 06/10/16 Page 3 of 4 2. 1 Under Federal Rule of Civil Procedure 26(c), discovery materials 2 exchanged between the parties, including depositions, are presumptively public; 3 when challenged, a party opposing public disclosure is required to show “good 4 cause” by presenting specific facts that justify keeping particular materials 5 confidential. See San Jose Mercury News, Inc. v. United States District Court, 187 6 F.3d 1096, 1103 (9th Cir. 1999). Defendant has not, and cannot, meet his burden 7 under Rule 26(c) to keep the designated portions of the Trump Depositions 8 confidential. See Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1131 (9th 9 Cir. 2003) (“[a] party asserting good cause bears the burden, for each particular 10 document it seeks to protect, of showing that specific prejudice or harm will result if 11 no protective order is granted”). See Memorandum, Sections III, IV.A-B. 3. 12 There is substantial public interest in this litigation given the subject 13 matter of the case and Defendant’s status as the presumptive Republican presidential 14 nominee. See Memorandum, Section IV.C. Therefore the balancing of public and 15 private interests favors removing the confidentiality designations to allow for the 16 disclosure of the complete Trump Depositions. See In re Roman Catholic 17 Archbishop, 661 F.3d at 425 n.5 (In evaluating whether a party has shown good 18 cause for a protective order, courts consider “whether a party benefitting from the 19 order of confidentiality is a public entity or official,” and “whether the case involves 20 issues important to the public.”); Welsh v. City & County of San Francisco, 887 F. 21 Supp. 1293, 1299-1302 (N.D. Cal. 1995). 22 /// 23 /// 24 /// 25 26 27 28 2 NOTICE OF MOTION AND MOTION TO INTERVENE & TO MODIFY STIPULATED PROTECTIVE ORDER DWT 29442403v3 0026517-000166 Case 3:13-cv-02519-GPC-WVG Document 233 Filed 06/10/16 Page 4 of 4 1 This Motion is based on this Notice, the accompanying Memorandum of 2 Points and Authorities, the Declaration of Diana Palacios with Exhibits A-E; on all 3 pleadings, records, and files in this case; on all matters of which judicial notice may 4 be taken; and on such argument as may be presented at any hearing on this Motion. 5 DATED: June 10, 2016 6 7 8 DAVIS WRIGHT TREMAINE LLP KELLI L. SAGER ALONZO WICKERS IV DAN LAIDMAN DIANA PALACIOS 9 By: 10 /s/ Kelli L. Sager Kelli L. Sager 11 Attorneys for Media Intervenors CABLE NEWS NETWORK, INC. (“CNN”); CBS BROADCASTING INC.; CBS INTERACTIVE INC.; TRIBUNE PUBLISHING COMPANY; ABC, INC.; NBCUNIVERSAL MEDIA, LLC; THE NEW YORK TIMES COMPANY; and WP COMPANY LLC D/B/A THE WASHINGTON POST 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 NOTICE OF MOTION AND MOTION TO INTERVENE & TO MODIFY STIPULATED PROTECTIVE ORDER DWT 29442403v3 0026517-000166 Case 3:13-cv-02519-GPC-WVG Document 233-1 Filed 06/10/16 Page 1 of 27 1 2 3 4 DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROA ST. SUITE 2400 LOS ANGELES, CALIFORNIA 90017-2566 TELEPHONE (213) 633-6800 FAX (213) 633-6899 KELLI L. SAGER (State Bar No. 120162) kellisager@dwt.com ALONZO WICKERS IV (State Bar No. 169454) 6 alonzowickers@dwt.com 7 DAN LAIDMAN (State Bar No. 274482) danlaidman@dwt.com DIANA PALACIOS (State Bar No. 290923) 8 dianapalacios@dwt.com 5 9 Attorneys for Media Intervenors CABLE NEWS NETWORK, INC. (“CNN”); CBS BROADCASTING INC.; CBS 11 INTERACTIVE INC.; TRIBUNE PUBLISHING COMPANY; NBCUNIVERSAL MEDIA, LLC; 12 ABC, INC.; THE NEW YORK TIMES COMPANY; and WP COMPANY LLC D/B/A 13 THE WASHINGTON POST 10 14 UNITED STATES DISTRICT COURT 15 SOUTHERN DISTRICT OF CALIFORNIA 16 17 ART COHEN, Individually and on Behalf of All Others Similarly Situated, 18 19 20 Plaintiff, vs. DONALD J. TRUMP, 21 Defendant. 22 Case No. 3:13-cv-02519-GPC-WVG MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MEDIA INTERVENORS’ MOTION TO INTERVENE AND FOR AN ORDER MODIFYING STIPULATED PROTECTIVE ORDER Judge: Date: Courtroom: Time: 23 24 Hon. Gonzalo P. Curiel June 30, 2016 2D 1:30 p.m. [Notice Of Motion and Declaration Of Diana Palacios With Exhibits A-E Filed Concurrently] 25 26 27 28 MEMORANDUM ISO MOTION TO INTERVENE & TO MODIFY STIPULATED PROTECTIVE ORDER DWT 29767919v1 0026517-000166 Case 3:13-cv-02519-GPC-WVG Document 233-1 Filed 06/10/16 Page 2 of 27 TABLE OF CONTENTS 1 Page 2 3 I. SUMMARY OF ARGUMENT ...................................................................... 1 4 II. THE MEDIA INTERVENORS SHOULD BE PERMITTED TO INTERVENE FOR THE PURPOSE OF MODIFYING THE PROTECTIVE ORDER. ................................................................................ 3 III. DEFENDANT MUST SHOW GOOD CAUSE TO MAINTAIN THE CONFIDENTIAL DESIGNATION OF PORTIONS OF HIS DEPOSITIONS. .............................................................................................. 5 IV. DEFENDANT HAS NOT MET HIS BURDEN OF ESTABLISHING GOOD CAUSE TO KEEP PORTIONS OF HIS DEPOSITION TESTIMONY CONFIDENTIAL. .................................................................. 7 5 6 7 8 9 10 A. Defendant Cannot Show Any Specific Prejudice Or Harm That Justifies The “Confidentiality” Designations For His Depositions. .... 8 B. The Parties’ Stipulated Protective Order Does Not Provide Good Cause For Keeping Portions Of The Trump Depositions Confidential. ....................................................................................... 13 C. The Public Interest In This Case Outweighs Any Harm From Disclosure. .......................................................................................... 15 11 12 13 14 15 V. CONCLUSION ............................................................................................. 22 16 17 18 19 20 21 22 23 24 25 26 27 28 i MEMORANDUM ISO MOTION TO INTERVENE & TO MODIFY STIPULATED PROTECTIVE ORDER DWT 29767919v1 0026517-000166 DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROA ST, SUITE 2400 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 Case 3:13-cv-02519-GPC-WVG Document 233-1 Filed 06/10/16 Page 3 of 27 TABLE OF AUTHORITIES 1 Page(s) 2 3 4 5 Cases Avirgan v. Hull, 118 F.R.D. 252 (D.D.C. 1987)............................................................................... 17 6 7 Beckman Industries, Inc. v. Int’l Ins. Co., 966 F.2d 470 (9th Cir. 1992) ............................................................................. 3, 13 8 9 Blum v. Merrill Lynch Pierce Fenner & Smith Inc., 712 F.3d 1349 (9th Cir. 2013) ........................................................................... 3, 15 10 Condit v. Dunne, 11 225 F.R.D. 113 (S.D.N.Y. 2004) ........................................................................... 17 12 Constand v. Cosby, 112 F. Supp. 3d 308 (E.D. Pa. 2015) ..................................................................... 17 13 Dugan v. Lloyds TSB Bank, PLC, 2013 U.S. Dist. LEXIS 51162 (N.D. Cal. Apr. 9, 2013) ....................................... 11 15 14 16 17 EEOC v. National Children’s Center, Inc., 146 F.3d 1042 (D.C. Cir. 1998) ............................................................................... 3 Estate of Rosenbaum v. New York City, 21 Med. L. Rptr. 1987; 1993 U.S. Dist. LEXIS 15908 (E.D.N.Y. 19 1993) .......................................................................................................... 16, 17, 19 18 20 Felling v. Knight, 211 F.R.D. 552 (S.D. Ind. 2003)............................................................................ 21 21 22 Flaherty v. Seroussi, 209 F.R.D. 295 (N.D.N.Y. 2001)........................................................................... 17 23 24 25 26 Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122 (9th Cir. 2003) ........................................................................ passim Globe Newspaper Co. v. Superior Court, 457 U.S. 596 (1982) ................................................................................................. 3 27 28 ii MEMORANDUM ISO MOTION TO INTERVENE & TO MODIFY STIPULATED PROTECTIVE ORDER DWT 29767919v1 0026517-000166 DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROA ST, SUITE 2400 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 Case 3:13-cv-02519-GPC-WVG Document 233-1 Filed 06/10/16 Page 4 of 27 1 Hawley v. Hall, 131 F.R.D. 578 (D. Nev. 1990).............................................................................. 17 2 3 4 5 Humboldt Baykeeper v. Union Pac. R.R., 244 F.R.D. 560 (N.D. Cal. 2007) ....................................................................... 5, 16 In re Agent Orange Prod. Liab. Litig., 821 F.2d 139 (2d Cir. 1987)..................................................................................... 7 6 7 In re Associated Press, 162 F.3d 503 (7th Cir. 1998) ................................................................................... 3 8 9 In re CBS, 828 F2d 958 (2d Cir. 1987).................................................................................... 21 10 In re Coordinated Pretrial Proceedings in Petroleum Prod. Antitrust 11 Litig., 101 F.R.D. 34 (C.D. Cal. 1984) ................................................................... 9, 18, 19 12 13 14 15 In re Roman Catholic Archbishop of Portland in Oregon, 661 F.3d 417 (9th Cir. 2011) ................................................................... 2, 7, 16, 19 Kamakana v. City & County of Honolulu, 447 F.3d 1172 (9th Cir. 2006) ......................................................................... 13, 14 16 17 Karoun Dairies, Inc. v. Karoun Dairies, Inc., 2014 U.S. Dist. LEXIS 146431 (S.D. Cal. Oct. 14, 2014) .............................. 10, 11 18 Kelley v. Euromarket Designs dba Crate & Barrel, Inc., 2008 U.S. Dist. LEXIS 6017 (E.D. Cal. Jan. 28, 2008) ................................................................................................................ 14 20 19 21 22 23 Makaeff v. Trump Univ., LLC, 715 F.3d 254 (9th Cir. 2013) ............................................................................. 4, 20 Medtronic Vascular, Inc. v. Abbott Cardiovascular Systems, Inc., 2007 U.S. Dist. LEXIS 89273 (N.D. Cal. Nov. 20, 2007) .............................. 14, 15 24 Morrow v. City of Tenaha Deputy City Marshal Barry Washington, et al., 2010 U.S. Dist. LEXIS 106541 (E.D. Tex. Oct. 5, 2010) ..................................... 17 26 25 27 New York v. Microsoft Corp., 206 F.R.D. 19 (D.D.C. 2002) ................................................................................. 12 28 iii MEMORANDUM ISO MOTION TO INTERVENE & TO MODIFY STIPULATED PROTECTIVE ORDER DWT 29767919v1 0026517-000166 DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROA ST, SUITE 2400 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 Case 3:13-cv-02519-GPC-WVG Document 233-1 Filed 06/10/16 Page 5 of 27 1 Pansy v. Borough of Stroudsburg, 23 F.3d 772 (3d Cir. 1994)....................................................................................... 4 2 3 4 5 Phillips v. General Motors Corp., 307 F.3d 1206 (9th Cir. 2002) ....................................................................... 5, 7, 13 Pia v. Supernova Media, Inc., 275 F.R.D. 559 (D. Utah 2011) ............................................................................. 17 6 7 Public Citizen v. Liggett Group, 858 F.2d 775 (1st Cir. 1988) .................................................................................... 5 8 9 San Jose Mercury News, Inc. v. United States District Court, 187 F.3d 1096 (9th Cir. 1999) ........................................................................ passim 10 Todd v. Tempur-Sealy Int’l, Inc., 11 2015 U.S. Dist. LEXIS 27803 (N.D. Cal. Mar. 6, 2015)....................................... 10 12 U.S. ex rel. Franklin v. Parke-Davis, 210 F.R.D. 257 (D. Mass. 2002) .............................................................................. 4 13 Welsh v. City & County of San Francisco, 887 F. Supp. 1293 (N.D. Cal. 1995) .................................................................. 2, 18 15 14 16 17 Yonemoto v. Dep’t of Veterans Affairs, 686 F.3d 681 (9th Cir. 2012) ................................................................................... 5 18 Rules 19 Federal Rule of Civil Procedure 26(c) ................................................................. passim 20 21 22 23 24 25 26 27 28 iv MEMORANDUM ISO MOTION TO INTERVENE & TO MODIFY STIPULATED PROTECTIVE ORDER DWT 29767919v1 0026517-000166 DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROA ST, SUITE 2400 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 Case 3:13-cv-02519-GPC-WVG Document 233-1 Filed 06/10/16 Page 6 of 27 I. 1 SUMMARY OF ARGUMENT For many years, Defendant Donald J. Trump has been at the center of an 2 3 ongoing controversy over his namesake, Trump University (“TU”). This lawsuit – 4 one of several actions alleging that TU defrauded its customers and encouraged their 5 participation in the volatile late-2000s real estate market – drew significant public 6 attention even before this year’s Presidential election. Exs. B-C 7 Now, Defendant is the presumptive Republican presidential nominee, and has 8 made his business acumen an important element of his campaign. Ex. A. Thus, this 9 lawsuit not only raises important questions about Defendant and his organization, it 10 has become a prominent electoral issue. Exs. A-B. Opposing candidates have 11 pointed to the allegations in this case in criticizing Defendant’s qualifications for the 12 presidency; Defendant has cited TU as an example of his business success, and made 13 this litigation itself a campaign issue. Id. Given the undeniable and substantial 14 public interest in these proceedings, the need for transparency could not be greater. This Court’s May 27 Order unsealing the class certification records shed 15 16 important light on the underlying lawsuit. See Dkt. # 211. Certain excerpts from 17 Defendant’s depositions on December 10, 2015, and January 21, 2016 (the “Trump 18 Depositions”) are now in the public record as well, although hundreds of pages of 19 those deposition transcripts and the corresponding videos remain out of public view. 20 See Dkt. # 220-2, 225. Portions of these depositions apparently remain designated as 21 “confidential” under the parties’ broad stipulated protective order. Consequently, the 22 Media Intervenors request leave to intervene in this matter for the limited purpose of 23 seeking modification of the parties’ protective order to remove the designations of 24 confidentiality made by Defendant to permit the public filing and dissemination of 25 the complete transcripts and videotapes of the Trump Depositions. See Section II, 26 infra. 27 28 First, under Federal Rule of Civil Procedure 26(c), discovery materials exchanged between the parties, including depositions, are presumptively public; a 1 MEMORANDUM ISO MOTION TO INTERVENE & TO MODIFY STIPULATED PROTECTIVE ORDER DWT 29767919v1 0026517-000166 DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROA ST, SUITE 2400 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 Case 3:13-cv-02519-GPC-WVG Document 233-1 Filed 06/10/16 Page 7 of 27 1 party opposing any public disclosure is required to show “good cause” by presenting 2 specific facts that justify keeping particular materials confidential. See San Jose 3 Mercury News, Inc. v. United States District Court, 187 F.3d 1096, 1103 (9th Cir. 4 1999); see also Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1133-34 (9th 5 Cir. 2003). Defendant has failed to carry his burden of showing the required “good 6 cause” to restrict the disclosure of the complete Trump Depositions by designating 7 portions of them as “confidential.” See Section III and IV.A, infra. Thus far, Defendant has invoked the prospect of competitive disadvantage in 8 9 an attempt to justify keeping broad categories of records confidential, but he has not 10 identified any concrete, particularized harm as the law requires. E.g., Foltz, 331 F.3d 11 at 1133. Moreover, as this litigation has proceeded, many details about TU’s 12 strategic operations have been disclosed in the parties’ public court filings, including 13 the recent unsealing of nearly 1,000 pages of TU’s business records. With so much 14 information about TU already in the public domain, Defendant cannot meet his 15 burden of demonstrating good cause by speculating about vague commercial harm if 16 his sworn testimony about these same subjects is disclosed. Second, the strong public interest in this case, which involves serious 17 18 allegations of fraud that have become a prominent issue in the 2016 presidential 19 campaign, weighs in favor of public disclosure of materials produced in the course of 20 the litigation. See, e.g., In re Roman Catholic Archbishop of Portland in Oregon, 661 21 F.3d 417, 425 n.5 (9th Cir. 2011); Welsh v. City & County of San Francisco, 887 F. 22 Supp. 1293, 1299-1302 (N.D. Cal. 1995). No countervailing interest justifies 23 Defendant’s designations of confidentiality. 1 See Section IV.B, infra. 24 // 25 26 1 If the depositions contain any information for which confidentiality is appropriate – such as social security numbers, home addresses, personal telephone 27 numbers, personal email addresses, or sensitive personal financial information of 28 individual Trump University customers – that information can be redacted from the deposition transcripts or edited from the videos. See Foltz, 331 F.3d at 1137. 2 DAVIS WRIGHT TREMAINE LLP MEMORANDUM ISO MOTION TO INTERVENE & TO MODIFY STIPULATED PROTECTIVE ORDER DWT 29767919v1 0026517-000166 865 S. FIGUEROA ST, SUITE 2400 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 Case 3:13-cv-02519-GPC-WVG Document 233-1 Filed 06/10/16 Page 8 of 27 1 For all of these reasons, the Media Intervenors respectfully request that this 2 Court grant their request to intervene and modify the protective order to remove the 3 confidentiality designations from the Trump Depositions. 4 II. THE MEDIA INTERVENORS SHOULD BE PERMITTED TO 5 INTERVENE FOR THE PURPOSE OF MODIFYING THE 6 PROTECTIVE ORDER. 7 It is well established that the press has standing to assert the public’s – and its 8 own – right of access to court records and proceedings. See, e.g., Globe Newspaper 9 Co. v. Superior Court, 457 U.S. 596, 609 n.25 (1982) (“representatives of the press 10 and general public must be given an opportunity to be heard on the question of their 11 exclusion” from court proceedings) (quotation omitted). To that end, the Ninth 12 Circuit has held that nonparties, like the Media Intervenors, should be permitted to 13 intervene for the purpose of challenging limitations on the right of access. See 14 Beckman Industries, Inc. v. Int’l Ins. Co., 966 F.2d 470, 473 (9th Cir. 1992) 15 (allowing non-party to intervene to challenge protective order); see also In re 16 Associated Press, 162 F.3d 503, 508 (7th Cir. 1998) (“Press ought to have been able 17 to intervene ... to present arguments against limitations on the ... right of access”). 18 As the Court of Appeals for the D.C. Circuit has explained, the federal rules 19 permit third parties to intervene “for the limited purpose of seeking access to 20 materials that have been shielded from public view either by seal or by a protective 21 order.” EEOC v. National Children’s Center, Inc., 146 F.3d 1042, 1046 (D.C. Cir. 22 1998) (emphasis added). Consequently, courts regularly allow non-parties, including 23 news organizations, to intervene in civil actions to seek modifications to protective 24 orders that otherwise would limit the dissemination of litigation materials. E.g., 25 Blum v. Merrill Lynch Pierce Fenner & Smith Inc., 712 F.3d 1349, 1353-54 (9th Cir. 26 2013) (affirming order granting third party’s motion to intervene and modify 27 protective order); Foltz, 331 F.3d at 1133-34 (third-party interveners permitted to 28 move to modify parties’ stipulated protective order); San Jose Mercury News, 187 3 MEMORANDUM ISO MOTION TO INTERVENE & TO MODIFY STIPULATED PROTECTIVE ORDER DWT 29767919v1 0026517-000166 DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROA ST, SUITE 2400 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 Case 3:13-cv-02519-GPC-WVG Document 233-1 Filed 06/10/16 Page 9 of 27 1 F.3d at 1103 (district court should have allowed newspaper to intervene in order to 2 modify parties’ stipulated blanket protective order); see also Pansy v. Borough of 3 Stroudsburg, 23 F.3d 772, 777-80 (3d Cir. 1994) (newspapers allowed to intervene to 4 modify protective order to allow public disclosure of records even if court could not 5 directly grant access to them); U.S. ex rel. Franklin v. Parke-Davis, 210 F.R.D. 257, 6 258 (D. Mass. 2002) (permitting media entities to intervene to “modify the protective 7 order to allow parties to disseminate non-confidential discovery material”). 8 9 This Court similarly should permit the Media Intervenors to intervene in this case for the limited purpose of seeking modification of the protective order. The 10 Media Intervenors have been reporting for years on Trump University, this lawsuit, 11 and a related lawsuit, Low v. Trump Univ., LLC, Case No 10-cv-00940 (S.D. Cal.) 12 (formerly the “Makaeff” case). See Exs. B-E. The Trump Depositions themselves 13 have been discussed in several news reports. See Ex. B. But Defendant’s 14 “confidentiality” designations under the protective order unduly restrict the Media 15 Intervenors’ ability to inform the public about facts relevant to the qualifications of a 16 presidential candidate, as well as about the important issues in this case. In addition, 17 permitting Defendant to broadly designate information as “confidential” not only 18 prevents the public and press from scrutinizing claims that Defendant has made 19 during his presidential campaign, it also will result in unnecessary burdens being 20 imposed on the Court: the parties’ protective order requires any information 21 designated as “confidential” to be submitted to the Court under seal, and the sealing 22 of court records will result in additional challenges by the Media Intervenors and 23 other members of the public and press. 24 To avoid multiple, repetitive motions to unseal records or to challenge 25 confidentiality designations, and to permit the public and press to effectively 26 scrutinize claims made by a presidential candidate, the Media Intervenors 27 respectfully request that this Court grant their request to intervene in this action for 28 4 MEMORANDUM ISO MOTION TO INTERVENE & TO MODIFY STIPULATED PROTECTIVE ORDER DWT 29767919v1 0026517-000166 DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROA ST, SUITE 2400 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 Case 3:13-cv-02519-GPC-WVG Document 233-1 Filed 06/10/16 Page 10 of 27 1 the limited purpose of modifying the protective order to permit disclosure of the 2 complete Trump Depositions. 3 III. DEFENDANT MUST SHOW GOOD CAUSE TO MAINTAIN THE 4 CONFIDENTIAL DESIGNATION OF PORTIONS OF HIS DEPOSITIONS. 5 As the Ninth Circuit has recognized, “[i]t is well-established that the fruits of 6 pretrial discovery are, in the absence of a court order to the contrary, presumptively 7 public.” San Jose Mercury News, 187 F.3d at 1103 (emphasis added). This 8 “presumption in favor of freedom of dissemination” is recognized under Federal Rule 9 of Civil Procedure 26. Humboldt Baykeeper v. Union Pac. R.R., 244 F.R.D. 560, 10 563 (N.D. Cal. 2007). “Placed by the law on the scales before the trial court begins 11 any ‘balancing,’ this presumption pre-weights the scales against restricting a party’s 12 lawful use or dissemination of discovered information.” Id. (original emphasis). See 13 also Public Citizen v. Liggett Group, 858 F.2d 775, 780 (1st Cir. 1988) (“the 14 Supreme Court has noted that parties have general first amendment freedoms with 15 regard to information gained through discovery and that, absent a valid court order to 16 the contrary, they are entitled to disseminate the information as they see fit”). 17 Accordingly, “the public can gain access to litigation documents and 18 information produced during discovery unless the party opposing disclosure shows 19 ‘good cause’ why a protective order is necessary.” Phillips v. General Motors Corp., 20 307 F.3d 1206, 1209 (9th Cir. 2002) (citing San Jose Mercury News, Inc., 187 F.3d 21 at 1103); Yonemoto v. Dep’t of Veterans Affairs, 686 F.3d 681, 691 (9th Cir. 2012) 22 (noting “the default rule concerning discovery, which is that ‘the fruits of pre-trial 23 discovery are, in the absence of a court order to the contrary, presumptively public’”) 24 (citing Phillips, 307 F.3d at 1210). 25 The Ninth Circuit’s decision in Foltz is instructive. In that case, as here, the 26 parties entered into a stipulated protective order that broadly allowed the parties to 27 unilaterally designate documents as confidential, and which required that the 28 designated documents be filed with the court under seal. Id. at 1130, 1131. Public 5 MEMORANDUM ISO MOTION TO INTERVENE & TO MODIFY STIPULATED PROTECTIVE ORDER DWT 29767919v1 0026517-000166 DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROA ST, SUITE 2400 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 Case 3:13-cv-02519-GPC-WVG Document 233-1 Filed 06/10/16 Page 11 of 27 1 interest groups and private litigants who were engaged in collateral litigation 2 intervened and sought to modify the protective order, which the district court denied. 3 Id. The Ninth Circuit reversed, holding that the Rule 26(c) standard applied to 4 unfiled discovery documents, and that State Farm, once challenged, could not rely on 5 a stipulated protective order to seal all of the documents without making the required 6 “good cause” showing. Id. 7 Notably, the Ninth Circuit made clear that “[a] party asserting good cause 8 bears the burden, for each particular document it seeks to protect, of showing that 9 specific prejudice or harm will result if no protective order is granted.” Id. (emphasis 10 added). The appeals court also held that to satisfy the “good cause” showing under 11 Rule 26(c) for sealing of a particular record, the party must make “specific 12 demonstrations of fact, supported where possible by affidavits and concrete 13 examples, rather than broad, conclusory allegations of potential harm.” Id. The 14 Ninth Circuit concluded by holding that because intervenors “have challenged the 15 contention that the unfiled discovery documents belong under seal, the district court 16 must require State Farm to make an actual showing of good cause for their 17 continuing protection under Federal Rule of Civil Procedure 26(c).” Id. (emphasis 18 added). 19 Rule 26(c) applies to the Trump Depositions, portions of which Defendant 20 designated as “confidential” pursuant to the blanket First Amended Protective Order 21 entered in the related Low case. See Low, Dkt. ## 316, 462-2.2 Thus, Rule 26(c) 22 imposes on Defendant the burden of showing good cause for maintaining the 23 confidentiality of portions of the transcripts and videos. Defendant has not, and 24 cannot, meet that burden under the circumstances here. 25 2 The excerpts of the Trump Depositions that have been filed indicate that portions were designated as “confidential” under the parties’ protective order merely 27 by placing the word “Confidential” at the top of each page. See Dkt. # 220-2; Low Dkt. # 462-2; see also id. Dkt. # 316 ¶ 6(c) (“the originals of the deposition 28 transcripts and all copies of the deposition must bear the legend “CONFIDENTIAL” or “CONFIDENTIAL – FOR COUNSEL ONLY,” as appropriate.”). 6 DAVIS WRIGHT TREMAINE LLP 26 MEMORANDUM ISO MOTION TO INTERVENE & TO MODIFY STIPULATED PROTECTIVE ORDER DWT 29767919v1 0026517-000166 865 S. FIGUEROA ST, SUITE 2400 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 Case 3:13-cv-02519-GPC-WVG Document 233-1 Filed 06/10/16 Page 12 of 27 IV. 1 DEFENDANT HAS NOT MET HIS BURDEN OF ESTABLISHING 2 GOOD CAUSE TO KEEP PORTIONS OF HIS DEPOSITION TESTIMONY 3 CONFIDENTIAL. 4 “For good cause to exist, the party seeking protection bears the burden of 5 showing specific prejudice or harm will result if no protective order is granted.” 6 Phillips, 307 F.3d at 1210-11; see also In re Agent Orange Prod. Liab. Litig., 821 7 F.2d 139, 145-46 (2d Cir. 1987) (same). “Any other conclusion would negate the 8 good cause requirement of Rule 26(c).” Agent Orange, 821 F.2d at 146. As 9 discussed above, “[a] party asserting good cause bears the burden, for each particular 10 document it seeks to protect, of showing that specific prejudice or harm will result if 11 no protective order is granted.” Foltz, 331 F.3d at 1131 (emphasis added). This 12 showing must be made through “specific demonstrations of fact, supported where 13 possible by affidavits and concrete examples, rather than broad, conclusory 14 allegations of potential harm.” Id. “If a court finds particularized harm will result from disclosure of information 15 16 to the public, then it balances the public and private interests to decide whether a 17 protective order is necessary.” Phillips, 307 F.3d at 1211. See also In re Roman 18 Catholic Archbishop, 661 F.3d at 425 n.5 (in evaluating whether a party has shown 19 good cause for a protective order, courts consider “whether a party benefitting from 20 the order of confidentiality is a public entity or official,” and “whether the case 21 involves issues important to the public”). In this case, Defendant has not identified 22 any particularized harm, supported by facts and evidence, that would result from the 23 disclosure of the full Trump Depositions; moreover, even if Defendant could identify 24 some non-speculative, particularized harm (which he has not done to date), it would 25 be outweighed by the substantial public interest in this case. 26 // 27 // 28 // 7 MEMORANDUM ISO MOTION TO INTERVENE & TO MODIFY STIPULATED PROTECTIVE ORDER DWT 29767919v1 0026517-000166 DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROA ST, SUITE 2400 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 Case 3:13-cv-02519-GPC-WVG Document 233-1 Filed 06/10/16 Page 13 of 27 1 A. Defendant Cannot Show Any Specific Prejudice Or Harm That Justifies 2 The “Confidentiality” Designations For His Depositions. 3 In Foltz, the district court issued a blanket protective order forbidding parties 4 from disclosing any information produced in discovery, but did not require State 5 Farm to show “that specific discovery documents, whether eventually filed with the 6 court or not, contained [confidential] information.” Foltz, 331 F.3d at 1131. On 7 review, the Ninth Circuit noted that State Farm had “not asserted, much less shown, 8 specific harm or prejudice that it expects will arise from disclosure of any particular 9 documents produced in discovery.” Id. at 1131. In reversing the district court’s 10 decision to keep the materials confidential, the Ninth Circuit explained that “[n]ow 11 that the Private Intervenors have challenged the contention that the unfiled discovery 12 documents belong under seal, the district court must require State Farm to make an 13 actual showing of good cause for their continuing protection under Federal Rule of 14 Civil Procedure 26(c).” Id. 15 Here, as in Foltz, Defendant has not met his burden of showing the “good 16 cause” necessary to keep portions of the Trump Depositions confidential. As 17 mentioned above, the parties amended the protective order in Low to apply to this 18 case. See Low, Dkt. # 315. It did not include any particularized showing of good 19 cause. Id. Instead, a broad general assertion of Defendant’s purported interests was 20 set forth in the joint motion for entry of a protective order that was filed in Low, long 21 before this case was even filed. Low, Dkt. # 90. That joint motion stated as follows: 22 All parties agree that good cause exists under Rule 26(c) of the Federal 23 Rules of Civil Procedure for entry of a protective order because, among 24 other reasons, defendants contend that public disclosure or improper use 25 of defendants’ internal, confidential, or commercially sensitive 26 information may potentially place them at a competitive disadvantage or 27 otherwise negatively impact their business, operations, reputation, or 28 cause harm to them or their customers. 8 MEMORANDUM ISO MOTION TO INTERVENE & TO MODIFY STIPULATED PROTECTIVE ORDER DWT 29767919v1 0026517-000166 DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROA ST, SUITE 2400 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 Case 3:13-cv-02519-GPC-WVG Document 233-1 Filed 06/10/16 Page 14 of 27 1 Id. (emphasis added). Even if this Court considered this statement as a showing of 2 “good cause,” even though it does not relate to this case, it is insufficient. It is not 3 particularized; to the contrary, it could hardly be more general. See San Jose 4 Mercury News, 187 F.3d at 1103 (good cause requires a “particularized showing”); 5 In re Coordinated Pretrial Proceedings in Petroleum Prod. Antitrust Litig., 101 6 F.R.D. 34, 40 n.7 (C.D. Cal. 1984) (proponent of secrecy must show disclosure will 7 cause “clearly defined, specific and serious injury”). 8 Defendant previously sought to keep information confidential in this action by 9 asserting that disclosure would reveal TU’s purported trade secrets, or cause him 10 some other competitive disadvantage. E.g., Dkt. ## 172, 199. But as this Court 11 found in its May 27 Order, which unsealed class certification documents that 12 included a wide array of TU business records, “Defendant has only made a blanket 13 assertion as to why the disputed materials constitute trade secrets.” Dkt. # 211 14 (Order at 9). His “conclusory assertions” did not include the sort of “concrete factual 15 information” required to keep such information confidential. Id. And regardless of 16 any validity that Defendant’s claims of commercial harm may or may not have had 17 earlier in this litigation, a great deal of information about TU’s business subsequently 18 has been made public: both sides have disclosed considerable details of TU’s 19 operations in their moving papers and in attached declarations and exhibits in 20 connection with the class certification and summary judgment proceedings in this 21 case and the Low action. E.g., Dkt. ## 39, 41, 46, 48-49, 180, 192; Low, Dkt. ## 22 122, 138-143, 195, 375, 386-88. 23 In addition, this Court’s May 27 Order unsealed approximately 1,000 pages of 24 materials focused on TU’s marketing strategy and other internal operating 25 procedures. Dkt. # 211.3 The records that are now in the public domain include the 26 27 3 Defendant agreed that the vast majority of the records should not remain sealed. Dkt. # 211 at 2. This Court found that many other documents did not meet 28 the requisite standard for sealing. Id. at 6-12. 9 DAVIS WRIGHT TREMAINE LLP MEMORANDUM ISO MOTION TO INTERVENE & TO MODIFY STIPULATED PROTECTIVE ORDER DWT 29767919v1 0026517-000166 865 S. FIGUEROA ST, SUITE 2400 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 Case 3:13-cv-02519-GPC-WVG Document 233-1 Filed 06/10/16 Page 15 of 27 1 complete TU Playbooks (Dkt. # 212); TU marketing and course materials (Dkt. ## 2 48-6-48-9, 48-12, 48-14); declarations and deposition excerpts from former TU 3 employees about its business practices (Dkt. # 48-9, 49-1); the TU Business Plan 4 (Dkt. # 49-1); deposition testimony from TU’s president, Michael Sexton, about 5 topics including the company’s structure, finances, and management (Dkt. # 214-1; 6 215-1); and agreements between TU and third-party contractors (Dkt. # 214-2-214- 7 3). The news media also have reported extensively on TU, independently reporting 8 many details about its strategy, business operations, and finances. See Exs. B-D; 9 Dkt. # 211 at 8. And substantial portions of the Trump Depositions themselves are 10 now in the public record, including more than 100 pages of the transcripts and the 11 corresponding videos in which Defendant testifies about his own personal 12 involvement in TU’s business operations. See Dkt. ## 220-2, 225. 13 Courts applying the “good cause” standard for keeping discovery materials 14 confidential consistently have held that where, as here, such information already has 15 been made public, there is no longer a specific risk of commercial harm that supports 16 secrecy. For example, in Karoun Dairies, Inc. v. Karoun Dairies, Inc., 2014 U.S. 17 Dist. LEXIS 146431 (S.D. Cal. Oct. 14, 2014), the court ordered the removal of 18 “confidential” designations from discovery materials because much of the 19 information already had been made public, and “[o]nce trade secrets have been 20 exposed to the public, they cannot later be recalled.” Id. at 18-19. See also Todd v. 21 Tempur-Sealy Int’l, Inc., 2015 U.S. Dist. LEXIS 27803, at *11-12 (N.D. Cal. Mar. 6, 22 2015) (“[d]efendant has failed to show that specific harm would result from de- 23 designating a document that contains information already available to the public”). 24 Moreover, as the Court also noted in its May 27 Order, Defendant conceded 25 that TU stopped enrolling new students or holding live events in 2010, and his claim 26 that it “may” resume operations “appears to be wholly speculative.” Dkt. # 211, at 27 10. Even if Defendant were to revive TU in some form in the future – which is 28 implausible in light of the pending presidential election, this lawsuit, and the New 10 MEMORANDUM ISO MOTION TO INTERVENE & TO MODIFY STIPULATED PROTECTIVE ORDER DWT 29767919v1 0026517-000166 DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROA ST, SUITE 2400 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 Case 3:13-cv-02519-GPC-WVG Document 233-1 Filed 06/10/16 Page 16 of 27 1 York Attorney General’s pending action against TU – he could not show that the 2 disclosure of the remaining portions of his deposition testimony in this case would 3 cause any concrete competitive harm to such a hypothetical endeavor. See Karoun 4 Dairies, 2014 U.S. Dist. LEXIS 146431, at *19 (“the information that Plaintiff seeks 5 to be de-designated would not in any way be prejudicial to Karoun Canada, a 6 business that has not had any sales since 2008” and “de-designation of these portions 7 of documents would not reveal trade secret information that would harm Karoun 8 Canada should it ever resume operations”).4 9 On the only occasion when the Magistrate Judge applied the “good cause” 10 standard to certain portions of one of the Trump Depositions, the Court found that 11 Defendant’s confidentiality designations were excessive. See Dkt. # 172, Order of 12 March 14, 2016 (“3/14/16 Order”). On that occasion, Plaintiffs challenged 13 Defendant’s designations of several portions of the January 21, 2016 deposition as 14 “confidential” under the protective order. Id. The Magistrate Judge resolved the 15 parties’ discovery dispute by ordering the de-designation of approximately 29 pages 16 of the deposition transcript, which included testimony in which Defendant made 17 statements about other public figures, and his testimony discussing his personal 18 profit-sharing arrangement with Trump University. Id., 3/14/16 Order at 5, 8-9. 19 The Magistrate Judge did permit Defendant to maintain the confidentiality 20 designation for approximately three pages of the January 21, 2016 deposition that 21 addressed the specific terms of a licensing agreement between Trump University and 22 a third party, and approximately four lines of another section of deposition testimony 23 discussing profit sharing. Id. at 6-9. The rationale offered by the Magistrate Judge 24 was that the “challenged testimony meets the parties’ own definition for ‘confidential 25 4 See also Dugan v. Lloyds TSB Bank, PLC, 2013 U.S. Dist. LEXIS 51162, at *13 (N.D. Cal. Apr. 9, 2013) (rejecting request to seal numerous documents under 27 Rule 26(c) “good cause” standard where the “exhibits mostly contain information regarding pricing considerations in 2011, and [defendant] articulates only in the 28 broadest and most generalized terms how such historical information could cause competitive harm today”). 11 DAVIS WRIGHT TREMAINE LLP 26 MEMORANDUM ISO MOTION TO INTERVENE & TO MODIFY STIPULATED PROTECTIVE ORDER DWT 29767919v1 0026517-000166 865 S. FIGUEROA ST, SUITE 2400 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 Case 3:13-cv-02519-GPC-WVG Document 233-1 Filed 06/10/16 Page 17 of 27 1 information’ in the Protective Order,” which permits the parties to choose to 2 designate as confidential any information that they believe “could be potentially 3 prejudicial” to their business operations if disclosed. Id. at 7. The Magistrate Judge 4 further noted that the Plaintiffs relied “principally, if not exclusively, on the 5 ‘moribund’ status of Trump University, LLC,” but found that the “information may 6 likely impact Defendant’s future business dealings as the licensing agreement 7 invariably reflects Defendant’s business strategy and acumen.” Id. The Media Intervenors respectfully request that this Court reconsider this 8 9 portion of the 3/14/16 Order. Even if some of the challenged testimony falls within 10 the parties’ own stipulated protective order – which allows them to designate as 11 “confidential” virtually anything they claim “could be potentially prejudicial” to a 12 business interest if disclosed – that does not satisfy the “good cause” requirement of 13 Rule 26(c). See Foltz, 331 F.3d at 1131. Furthermore, to the extent that the prior 14 ruling allowed some information to remain confidential because of Defendant’s 15 unidentified potential future business dealings, that determination has been 16 superseded by this Court’s May 27 Order, which found such concerns to be “wholly 17 speculative,” and thus insufficient to establish commercial harm for the reasons 18 discussed above. Dkt. # 211, 5/27/16 Order at 10. In light of the public release of 19 related information, and this Court’s rejection of Defendant’s ambiguous assertions 20 of “trade secrets” and speculative commercial harm, Defendant cannot meet his 21 burden under Rule 26 to maintain any part of the Trump Depositions as confidential. 22 See also New York v. Microsoft Corp., 206 F.R.D. 19, 23 (D.D.C. 2002) (granting 23 access to the transcript and videos of four depositions in part because Microsoft did 24 “not offer any affirmative evidence or argument to indicate that the release of 25 redacted transcripts and video tapes would in any way burden, oppress, or embarrass 26 the parties to the litigation or the third-parties who were deposed”). 27 // 28 // 12 MEMORANDUM ISO MOTION TO INTERVENE & TO MODIFY STIPULATED PROTECTIVE ORDER DWT 29767919v1 0026517-000166 DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROA ST, SUITE 2400 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 Case 3:13-cv-02519-GPC-WVG Document 233-1 Filed 06/10/16 Page 18 of 27 1 B. The Parties’ Stipulated Protective Order Does Not Provide Good Cause 2 For Keeping Portions Of The Trump Depositions Confidential. 3 The Media Intervenors expect Defendant to argue that portions of the 4 depositions must be maintained as confidential because he relied on the parties’ First 5 Amended Protective Order. See Low, Dkt. # 316. But the Ninth Circuit has made 6 clear that stipulated protective orders do not absolve the parties of their responsibility 7 to make the necessary “good cause” showing to justify ongoing confidentiality in 8 these records. As the court held in San Jose Mercury News, 187 F.3d at 1102, 1103, 9 stipulated protective orders are “subject to challenge and modification, as the party 10 resisting disclosure generally has not made a particularized showing of good cause 11 with respect to any individual document….” 12 In Phillips, the Ninth Circuit reaffirmed that when the protective order is a 13 stipulated order and no party has made a “good cause” showing as to each particular 14 document, the party seeking to withhold documents produced pursuant to the 15 protective order bears the burden of showing that specific prejudice or harm will 16 result. 307 F.3d at 1211 & n.1. As the court noted, “[i]n Beckman Indus. Inc. v. 17 International Ins. Co., 966 F.2d 470, 472 (9th Cir. 1992), we rejected the argument 18 that intervenors need to show ‘extraordinary circumstances’ before modifying a 19 protective order. We explained how the burden of proof will remain with the party 20 seeking protection when the protective order was a stipulated order and no party had 21 made a ‘good cause’ showing.” Id. Because the district court had not conducted the 22 “good cause” analysis before entering the closure orders, the Phillips court remanded 23 the case. Id. 24 In Kamakana v. City & County of Honolulu, 447 F.3d 1172, 1182-1183 (9th 25 Cir. 2006), the Ninth Circuit reiterated its position concerning “the hazard of 26 stipulated protective orders,” noting that such stipulated agreements “contain 27 provisions that purport to put the entire litigation under lock and key” without 28 conducting the document-by-document analysis that is necessary under the prevailing 13 MEMORANDUM ISO MOTION TO INTERVENE & TO MODIFY STIPULATED PROTECTIVE ORDER DWT 29767919v1 0026517-000166 DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROA ST, SUITE 2400 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 Case 3:13-cv-02519-GPC-WVG Document 233-1 Filed 06/10/16 Page 19 of 27 1 case law. As the appellate court explained, “[s]imply invoking a blanket claim, such 2 as privacy or law enforcement [or safety or security], will not, without more, suffice 3 to exempt a document from the public’s right of access.” Id. See also Foltz, 331 4 F.3d at 1131 (“reliance on a blanket protective order in granting discovery and 5 settling a case, without more, will not justify a refusal to modify”). 6 Subsequent cases have applied and elaborated on Foltz’s holding that to meet 7 the “good cause” standard, parties must show something “more” than a claim that 8 they relied on a blanket protective order. For example, in Medtronic Vascular, Inc. v. 9 Abbott Cardiovascular Systems, Inc., 2007 U.S. Dist. LEXIS 89273 (N.D. Cal. Nov. 10 20, 2007), the parties stipulated to a broad protective order, but the defendants later 11 moved to de-designate several documents that the plaintiff produced as “highly 12 confidential.” Id. at *4. The plaintiff claimed that the defendants had “agreed to the 13 terms of the protective order and now are trying to back out of the agreement,” but 14 the court rejected this line of argument, explaining that mere reliance on the existing 15 protective order was insufficient; the plaintiff also had to “demonstrate that specific 16 prejudice or harm will result if the … documents (or related testimony) are 17 disclosed.” Id. at *6-7. The court held that the plaintiff could not meet this standard 18 with a “general assertion that disclosure of business communications would chill 19 business relations,” as this “would apply to all non-public communications.” Id. at 20 *8. Consequently, the court ordered the documents and related testimony de- 21 designated. Id. 22 Similarly, in Kelley v. Euromarket Designs dba Crate & Barrel, Inc., 2008 23 U.S. Dist. LEXIS 6017 (E.D. Cal. Jan. 28, 2008), the district court rejected an 24 argument made by defendant Crate & Barrel that the identities of its suppliers could 25 be kept confidential pursuant to a stipulated protective order, reasoning that the firm 26 “did not articulate a significant identifiable harm that would result if this information 27 is disclosed,” but “broadly asserts that disclosure of this information would enable 28 competitors to take advantage of its experience and relationship with its suppliers.” 14 MEMORANDUM ISO MOTION TO INTERVENE & TO MODIFY STIPULATED PROTECTIVE ORDER DWT 29767919v1 0026517-000166 DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROA ST, SUITE 2400 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 Case 3:13-cv-02519-GPC-WVG Document 233-1 Filed 06/10/16 Page 20 of 27 1 Id. at *8-9. The court concluded that, “because broad allegations of harm, 2 unsubstantiated by specific examples of articulated reasoning, does not satisfy Rule 3 26(c)’s good cause test, the identity of Crate & Barrel’s suppliers is not properly 4 designated as confidential under the protective order.” Id. at *9. Here, no protective order even was entered specifically for this case. Instead, 5 6 the parties amended the protective order in Low to apply to this case. See Low, Dkt. 7 # 315. Under this stipulated First Amended Protective Order, the parties are allowed 8 to unilaterally designate as confidential a “deposition or portions of the deposition” 9 without court intervention, and without any particularized showing of good cause. 10 See Low, Dkt. #316, ¶6(a). It also prohibits parties from filing a deposition with the 11 court that was designated as “confidential” “unless it can be accomplished under seal, 12 identified as being subject to this Order, and protected from being opened except by 13 order of this Court.” Id. ¶ 6(c). Moreover, it restricts parties receiving “confidential” 14 information from disclosing it “to anyone other than those persons designated within 15 this order[.]” Id. ¶ 7. As the above cases make clear, this blanket protective order is 16 inherently subject to challenge and modification, because it does not require a 17 particularized showing of good cause. See Blum v. Merrill Lynch Pierce Fenner & 18 Smith Inc., 712 F.3d 1349, 1352 (9th Cir. 2013) (“[i]t is a ‘blanket’ protective order 19 because [the plaintiff] obtained the protective order ‘without making a particularized 20 showing of good cause with respect to any individual document’”). 21 C. 22 The Public Interest In This Case Outweighs Any Harm From Disclosure. Even if Defendant could assert some particularized harm from disclosure of 23 his complete deposition transcripts and videos – which he has not done – under the 24 circumstances here, it would be outweighed by the strong public interest in 25 transparency. As the Ninth Circuit has held, when a party or intervenor challenges 26 the confidentiality of information under a protective order, “if the court concludes 27 that … harm will result from disclosure of the discovery documents, then it must 28 proceed to balance the public and private interests to decide whether [maintaining] a 15 MEMORANDUM ISO MOTION TO INTERVENE & TO MODIFY STIPULATED PROTECTIVE ORDER DWT 29767919v1 0026517-000166 DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROA ST, SUITE 2400 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 Case 3:13-cv-02519-GPC-WVG Document 233-1 Filed 06/10/16 Page 21 of 27 1 protective order is necessary.” In re Roman Catholic Archbishop, 661 F.3d at 424 2 (quotation omitted). There, the Ninth Circuit applied this balancing test and 3 concluded that there was not good cause to conceal personnel records produced in 4 litigation that linked an active priest to sexual misconduct allegations. The appellate 5 court acknowledged that the priest had satisfied his initial burden of showing 6 particularized harm from disclosure, “including public humiliation [and the] loss of 7 [his] career.” Id. at 427. But the Ninth Circuit nonetheless held that the harms were 8 outweighed by the public’s “weighty interest in public safety and in knowing who 9 might sexually abuse children.” Id. at 428. 5 10 The Northern District’s decision in Humboldt Baykeeper also is instructive. 11 There, the defendant in an environmental action sought a protective order to prevent 12 the plaintiffs from publicly disclosing information acquired during a site-inspection 13 conducted as part of the civil discovery process. 244 F.R.D. at 561. The court 14 acknowledged that the defendant might suffer some harm to its privacy interests from 15 disclosures about its private property, but it balanced such damage against “the 16 competing interests that the proposed protective order would affect – interests of the 17 parties as well as interests of others, including the public.” Id. at 566. Given the 18 “important societal interests” involved, including advancing the public’s 19 understanding of environmental issues raised in the litigation, the court found that the 20 scales tipped in favor of allowing disclosure. Id. at 567. 21 Courts applying the balancing of public and private interests under Rule 26 22 often have found in favor of disclosure in exceptional cases like this one, in which 23 the deponents are politicians or other prominent individuals who placed themselves 24 at the forefront of public controversies, and there are no substantial countervailing 25 privacy interests. For example, in Estate of Rosenbaum v. New York City, 21 Med. 26 27 5 The court found that the name of a different priest (who was retired and no longer working in the community) should have been redacted, while permitting 28 disclosure of the rest of his personnel file. Id. at 428. 16 DAVIS WRIGHT TREMAINE LLP MEMORANDUM ISO MOTION TO INTERVENE & TO MODIFY STIPULATED PROTECTIVE ORDER DWT 29767919v1 0026517-000166 865 S. FIGUEROA ST, SUITE 2400 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 Case 3:13-cv-02519-GPC-WVG Document 233-1 Filed 06/10/16 Page 22 of 27 1 L. Rptr. 1987; 1993 U.S. Dist. LEXIS 15908 (E.D.N.Y. 1993), the court refused New 2 York City’s request to exclude the news media from depositions of the mayor and the 3 former police commissioner in a civil lawsuit concerning the city’s response to a riot. 4 Id. at *7. The court held the case was “of high public interest”; the depositions were 5 “of parties, not of third persons”; the depositions were of public officials 6 “experienced in dealing with the media”; and “these parties have themselves already 7 spoken out … on a number of occasions to members of the press.” Id. See also 8 Constand v. Cosby, 112 F. Supp. 3d 308, 315-16 (E.D. Pa. 2015) (unsealing 9 documents under the good cause standard in part because Bill Cosby “has freely 10 entered the public square and ‘thrust himself into the vortex of th[ese] public 11 issue[s],’ … he has voluntarily narrowed the zone of privacy that he is entitled to 12 claim”); Condit v. Dunne, 225 F.R.D. 113, 119 (S.D.N.Y. 2004) (denying a 13 protective order barring public dissemination of the videotaped deposition of the 14 defendant in part because “the substantive issues in this litigation are also of public 15 concern”); Hawley v. Hall, 131 F.R.D. 578, 585 (D. Nev. 1990) (denying motion to 16 seal deposition in part because “[t]he public interest in the conduct of public officials, 17 elected and appointed, outweighs the minimal harms tendered by the defendants as 18 good cause in this case”); Flaherty v. Seroussi, 209 F.R.D. 295, 300 (N.D.N.Y. 2001) 19 (declining to enter a protective order prohibiting dissemination of a mayor’s 20 videotaped deposition given “strong, legitimate public interest” in documents 21 pertaining to “elected officials and the performance of their governmental 22 responsibilities”). 6 23 24 25 26 27 28 6 See also Morrow v. City of Tenaha Deputy City Marshal Barry Washington, et al., 2010 U.S. Dist. LEXIS 106541, at *10-*11 (E.D. Tex. Oct. 5, 2010) (court refused to seal unfiled deposition transcripts and video of law enforcement officers: “[c]ourts are especially unwilling to issue a protective order merely to spare the defendant embarrassment where, as here, the defendants are public officials and the issues in the case are matters of public concern”); Avirgan v. Hull, 118 F.R.D. 252, 256 (D.D.C. 1987) (denying protective order to exclude press from deposition given “significant public interest”); Pia v. Supernova Media, Inc., 275 F.R.D. 559, 561-562 (D. Utah 2011) (stating that “while the dissemination of Pia’s videotaped deposition 17 DAVIS WRIGHT TREMAINE LLP MEMORANDUM ISO MOTION TO INTERVENE & TO MODIFY STIPULATED PROTECTIVE ORDER DWT 29767919v1 0026517-000166 865 S. FIGUEROA ST, SUITE 2400 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 Case 3:13-cv-02519-GPC-WVG Document 233-1 Filed 06/10/16 Page 23 of 27 1 In Welsh, 887 F. Supp. 1293, the defendants sought a protective order to 2 prevent public disclosure of tapes and transcripts of witness interviews from a prior 3 Police Commission investigation that were sought in discovery. Id. The plaintiff and 4 news media amici opposed the protective order, contending, among other things, that 5 “there is a substantial public interest in reviewing charges of sexual harassment made 6 in public lawsuits and in reviewing whether or not the Police Commission properly 7 conducted its investigation into those allegations.” Id. at 1299. The court held that 8 transcripts of the interviews could not be kept confidential, reasoning that “[t]he 9 public has a strong interest in assessing the truthfulness of allegations of official 10 misconduct, and whether agencies that are responsible for investigating and 11 adjudicating complaints of misconduct have acted properly and wisely.” Id. at 1302. 12 Similar reasoning applies here, as the public has a strong interest in assessing the 13 truthfulness of allegations made against Defendant. Ex. C. 14 In re Coordinated Pretrial Proceedings in Petroleum Prod. Antitrust Litig., 101 15 F.R.D. 34 (C.D. Cal. 1984), also is instructive. In that case, which also involved 16 challenges to “umbrella protective orders … entered to facilitate discovery,” the 17 court recognized that the “interest in access to court proceedings in general may be 18 asserted more forcefully when the litigation involves matters of significant public 19 concern.” Id. at 36, 38. The litigation there involved allegations by the State of 20 California and City of Long Beach about a conspiracy to depress oil prices. Id. at 36. 21 The district court found a significant public interest weighing in favor of disclosure, 22 regardless of the outcome: “If the charges prove true, state and local governments 23 have been cheated out of many millions of dollars of revenue owed for the 24 exploitation of public resources. If the defendants’ counterclaims succeed, public 25 officials will have been shown to have abused their discretion in the management of 26 27 [on the Internet] may cause him some level of discomfort, the court concludes that is 28 not sufficient to support the entry of [a] protective order”). 18 MEMORANDUM ISO MOTION TO INTERVENE & TO MODIFY STIPULATED PROTECTIVE ORDER DWT 29767919v1 0026517-000166 DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROA ST, SUITE 2400 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 Case 3:13-cv-02519-GPC-WVG Document 233-1 Filed 06/10/16 Page 24 of 27 1 public resources to the detriment of the taxpayers as well as the defendants.” Id. at 2 38. The same principle applies here, where, regardless of the outcome of the case, 3 the litigation bears on the conduct of a candidate running for the most powerful 4 public office in the country. 5 Indeed, this Court already has found that the public interest in understanding 6 the judicial process is unusually strong in this case, noting that Defendant is the 7 front-runner for the Republican nomination in the 2016 presidential race, and has 8 made the litigation itself a campaign issue. Order Unsealing Court Records, Dkt. # 9 211, at 10. In addition, Defendant has emphasized his business record and 10 negotiating skills as his main qualifications to serve as President of the United States. 11 Ex. A. His rivals have questioned those claims, citing in part Plaintiffs’ allegations 12 in this lawsuit about the operation of Defendant’s namesake business, TU. Ex. A at 13 1, 12. In response, Defendant has publicly defended TU, invoking it as a positive 14 example of his track record. Ex. D at 2. Consequently, this litigation is not simply 15 about a private-sector business dispute; it now directly involves a central issue in a 16 presidential election campaign. The portions of the deposition transcripts and videos 17 that Defendant has designated as “confidential” would help the public assess his 18 qualifications for the nation’s highest office, which weighs strongly in favor of 19 removing any confidentiality designations so that these records may be disclosed in 20 full. See In re Roman Catholic Archbishop, 661 F.3d at 424 n.5 (courts must 21 consider “whether a party benefitting from the order of confidentiality is a public 22 entity or official,” and “whether the case involves issues important to the public); see 23 also Rosenbaum, 1993 U.S. Dist. LEXIS 15908, at *7. 24 Moreover, the Ninth Circuit already has recognized that the subject of this 25 litigation and the matters discussed in the Trump Depositions are of public concern, 26 even apart from their relevance to the 2016 presidential election. As the Ninth 27 Circuit explained: 28 19 MEMORANDUM ISO MOTION TO INTERVENE & TO MODIFY STIPULATED PROTECTIVE ORDER DWT 29767919v1 0026517-000166 DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROA ST, SUITE 2400 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 Case 3:13-cv-02519-GPC-WVG Document 233-1 Filed 06/10/16 Page 25 of 27 1 2 3 4 5 6 7 8 9 10 11 [A]ny general interest in Trump University stemming from its celebrity founder soon ripened into an actual dispute over Trump University’s business and educational practices … [B]y Fall 2009, the ‘specific question’ of Trump University’s legitimacy had become a public controversy. … Trump University’s business model involved offering seminars that encouraged members of the public to participate in the market for foreclosed properties, which had grown substantially in the wake of the 2007 financial and mortgage crisis. These activities, carried out by Trump University and other purveyors of real estate investment advice, had the potential to affect local housing markets by increasing or decreasing real estate speculation in the market for foreclosed homes. The debate over Trump University’s business practices thus held ramifications not just for Trump University and its customers, but for all participants in the local housing markets. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Makaeff v. Trump Univ., LLC, 715 F.3d 254, 267 (9th Cir. 2013); see also Order Unsealing Court Records, Dkt. # 211, at 10-11 (“the Ninth Circuit found that TU was a public figure for purposes of defamation law in the related Makaeff case”). Thus, not only has the Ninth Circuit recognized that public interest in Trump University stems from its “celebrity founder,” and that Trump University’s legitimacy was a matter of “public concern,” but the appellate court also acknowledged that the conduct at issue in the Low action and in this case had widespread ramifications that are of great public concern. Id. Indeed, Trump University has been the subject of controversy for many years. Exs. C and E. For instance, as early as 2009 – long before Donald Trump’s current presidential bid – The Washington Post reported on allegations concerning Trump University. Ex. C at1-2. In 2011, The New York Times reported that the New York State attorney general’s office was investigating Trump University. Id. at 3-7. And just last year, CBS News conducted a three-month investigation of Trump University, interviewing former students and analyzing evidence that has been presented thus far in this action. Id. at 8-10. CNN also has conducted its own 20 MEMORANDUM ISO MOTION TO INTERVENE & TO MODIFY STIPULATED PROTECTIVE ORDER DWT 29767919v1 0026517-000166 DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROA ST, SUITE 2400 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 Case 3:13-cv-02519-GPC-WVG Document 233-1 Filed 06/10/16 Page 26 of 27 1 investigation about TU, as well as reporting on this litigation and related court 2 proceedings. Ex. E at 4-5. 3 Finally, the public interest would be best served by removing any impediment 4 to the disclosure of the complete videotapes of the Trump Depositions. As the 5 Second Circuit explained in granting CBS access to a videotaped deposition of a 6 witness that had been shown during a criminal trial: 7 8 9 10 11 Because the videotape may in fact be more accurate evidence than a transcript, moreover, its availability to the media may enhance the accurate reporting of trials. Transcripts lack a tone of voice, frequently misreport words and often contain distorting ambiguities as to where sentences begin and end. Videotaped depositions thus convey the meaning of testimony more accurately and preserve demeanor evidence as well. 12 In re CBS, 828 F. 2d 958, 960 (2d Cir. 1987). See also Felling v. Knight, 211 F.R.D. 13 552 (S.D. Ind. 2003) (granting TV station’s motion to vacate protective order to 14 allow disclosure of videotape of deposition of basketball coach in high-profile case; 15 “any potential embarrassment the deponents may experience resulting from the 16 release of the videotapes is outweighed by the public’s right to know”). 17 Although some courts have permitted deposition videos – as opposed to 18 transcripts – to remain confidential under Rule 26 where it was shown that disclosure 19 would cause specific serious harm, there is no such risk here. Indeed, Plaintiffs have 20 indicated that they are publicly lodging 32 video clips from the December 10, 2015 21 deposition, and 16 video clips from the January 21, 2016 deposition, which 22 Defendant has not designated confidential. See Dkt. ## 220-1; 227. This 23 undermines any potential argument that disclosure of the remaining segments of the 24 deposition videos would cause any particular harm. Moreover, the public interest in 25 these videos also is far stronger because they would provide the electorate with 26 valuable insight into the demeanor of the presumptive Republican presidential 27 nominee, as he addresses issues that are at the center of the campaign. 28 21 MEMORANDUM ISO MOTION TO INTERVENE & TO MODIFY STIPULATED PROTECTIVE ORDER DWT 29767919v1 0026517-000166 DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROA ST, SUITE 2400 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 Case 3:13-cv-02519-GPC-WVG Document 233-1 Filed 06/10/16 Page 27 of 27 V. 1 2 CONCLUSION For all the reasons set forth above, the Media Intervenors respectfully request 3 that they be granted leave to intervene in this matter for the limited purpose of 4 modifying the protective order entered in this case to remove the confidentiality 5 designations from the Trump Depositions to permit their full disclosure. 6 DATED: June 10, 2016 7 8 9 DAVIS WRIGHT TREMAINE LLP KELLI L. SAGER ALONZO WICKERS IV DAN LAIDMAN DIANA PALACIOS 10 By: 11 /s/ Kelli L. Sager Kelli L. Sager 12 Attorneys for Media Intervenors CABLE NEWS NETWORK, INC. (“CNN”); CBS BROADCASTING INC.; CBS INTERACTIVE INC.; TRIBUNE PUBLISHING COMPANY; ABC, INC.; NBCUNIVERSAL MEDIA, LLC; THE NEW YORK TIMES COMPANY; and WP COMPANY LLC D/B/A THE WASHINGTON POST 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 22 MEMORANDUM ISO MOTION TO INTERVENE & TO MODIFY STIPULATED PROTECTIVE ORDER DWT 29767919v1 0026517-000166 DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROA ST, SUITE 2400 LOS ANGELES, CALIFORNIA 90017-2566 (213) 633-6800 Fax: (213) 633-6899 Case Document 233?5 Page-.1 of? 11- - - i 4/27/2016 In Downturn, Aspiring Moguls Turn to Trump U. for Wisdom Case 3:13-cv-02519-GPC-WVG Document 233-5 Filed 06/10/16 Page 2 of 11  Sign In Subscribe   washingtonpost.com  > Metro » FOLLOW METRO ON:          In Downturn, Aspiring Moguls Turn to Trump U. for Wisdom By Ian Shapira Washington Post Staff Writer  Saturday, September 26, 2009 Want the secret to making more money than you ever thought possible? . . . Put proven Donald Trump secrets to work for you . . . ­­ Trump University online advertisement Tyrone Bryant, a 64­year­old D.C. real estate agent and Trump University Instructor Steve Goff talks to retired Library of Congress police officer, is searching students during a seminar. (Sarah L. Voisin ­ for new strategies while he negotiates with banks to Washington Post) lower his mortgage payments on two homes he is having PROFILE X Network News trouble renting out. Susan Laraby of Alexandria needs some extra cash because both of her jobs ­­ interpreter in the federal courts and real estate agent ­­ are drying up. View More Activity Drawn by the imprimatur of Donald Trump ­­ he of 40 Wall Street in Manhattan, the Miss USA pageant and TOOLBOX NBC's "The Apprentice" ­­ about 500 Washingtonians Print  Resize this week attended one of 15 free sessions at hotels E­mail Reprints across the Washington area, in search of a playbook for capitalizing on a depressed real estate market. Lured by newspaper and online ads, some came out of personal need to escape financial gloom, others out of pure capitalist curiosity. They worried hardly at all about whether it is still possible to get rich virtually overnight. If Americans are feeling chastened by the near­collapse of the financial system, there was little sign of that inside the Holiday Inn in Ballston, where a placard in the lobby read "Trump, Think BIG." As the lunch crowd took their seats, the O'Jays' classic "For the Love of Money" boomed from speakers. Then the Trump University instructor, Stephen Goff, power­suited up, bellowed his introduction: "All right, you guys ready to be the next Trump real estate millionaire? Yes or No!?" The class looked a little drowsy. "Oh, that was weak," he said. "Let's try that again . . . let's blow the roof off this building . . . You guys are the best in the world. So, you guys ready to be the next Trump real estate millionaire, YES OR NO?!" "YES!" everyone yelled. Goff laid out what would be taught: How to buy and sell "potentially millions of dollars worth of property" using no (or very little) personal money or credit. How to buy without a down payment or a bank loan. And then, tantalizingly, Goff said, how to "make money on properties you don't even own." By the end of this year, about 100,000 people are expected to have attended Trump's free courses across the country, according to Michael Sexton, Trump University's president. Alan Miranda, 40, of Alexandria, an independent distributor of stem cell enhancement pills, came because he said his parents in Florida spent too much on a second home and could use some advice. Adil Bagirov, 31, an energy consultant who grew up in the former Soviet Union, showed up because he wants to add to his wealth and feed the capitalist dreams he http://www.washingtonpost.com/wp­dyn/content/article/2009/09/25/AR2009092502307.html Network News MY PROFILE X Friends' Activity View More Activity Exhibit C; 1 of 10 1/2 4/27/2016 In Downturn, Aspiring Moguls Turn to Trump U. for Wisdom Case 3:13-cv-02519-GPC-WVG Document 233-5 Filed 06/10/16 Page 3 of 11 cultivated as a child frustrated with a communist government "Find it, flip it, forget about it," Goff told his audience. "You don't have to own real estate; you just have to control it." CONTINUED     1    2    Next > Find a Local Blog Plug into the region's blogs, by location or area of interest. Blog: Va. Politics Here's a place to help you keep up with Virginia's overcaffeinated political culture. Virginia Notebook D.C. Taxi Fares Compare estimated zoned and metered D.C. taxi fares with this interactive calculator. FOLLOW METRO ON: GET LOCAL ALERTS:   Mobile   Email © 2009 The Washington Post Company    washingtonpost.com © 1996-2016 The Washington Post Archives Subscribe Terms of Use Get Us Contact Us About Us Digital Products Terms of Sale Home Delivery Help & Contact Info In the Community Print Products Terms of Sale Digital Subscription Reader Representative Careers Terms of Service Gift Subscriptions Digital Ads PostPoints Privacy Policy Mobile & Apps Newspaper Ads Newspaper in Education Submissions and Discussion Policy Newsletters & Alerts News Service Syndicate Digital Publishing Guidelines RSS Terms of Service Washington Post Live Today's Paper Ad Choices Reprints & Permissions WP BrandConnect Post Store Events Sign In Photo Store e-Replica http://www.washingtonpost.com/wp­dyn/content/article/2009/09/25/AR2009092502307.html Exhibit C; 2 of 10 2/2 4/27/2016 Former Trump University Is Subject of Inquiry in New York ­ The New York Times Case 3:13-cv-02519-GPC-WVG Document 233-5 Filed 06/10/16 Page 4 of 11 N.Y. / REGION New York Attorney General Is Investigating Trump’s For­Profit School By MICHAEL BARBARO MAY 19, 2011 The New York State attorney general’s office is investigating whether a for­ profit school founded by Donald J. Trump, which charges students up to $35,000 a course, has engaged in illegal business practices, according to people briefed on the inquiry. The investigation was prompted by about a dozen complaints concerning the Trump school that the attorney general, Eric T. Schneiderman, has found to be “credible” and “serious,” these people said, speaking on the condition of anonymity because the investigation was not yet public. The inquiry is part of a broader examination of the for­profit education industry by Mr. Schneiderman’s office, which is opening investigations into at least five education companies that operate or have students in the state, according to the people speaking on the condition of anonymity. The investigation is the latest problem for a six­year­old company, known Exhibit C; 3 of 10 http://www.nytimes.com/2011/05/20/nyregion/trumps­for­profit­school­said­to­be­under­investigation.html?pagewanted=all 1/5 4/27/2016 Former Trump University Is Subject of Inquiry in New York ­ The New York Times Case 3:13-cv-02519-GPC-WVG Document 233-5 Filed 06/10/16 Page 5 of 11 until last year as Trump University, that already faces a string of consumer complaints, reprimands from state regulators and a lawsuit from dissatisfied former students. George Sorial, a managing director of the Trump Organization, confirmed that the company had received a subpoena from the attorney general’s office, and said, “We look forward to resolving this matter and intend to fully cooperate with their inquiry.” Mr. Schneiderman is looking into whether the schools and their recruiters misrepresent their ability to find students jobs, the quality of instruction, the cost of attending, and their programs accreditation, among other things. Such activities could constitute deceptive trade practices or fraud. The four other companies are the Career Education Corporation, which runs the Sanford­Brown Institute, Briarcliffe College and American InterContintental University; Corinthian Colleges, the parent company of Everest Institute, WyoTech and Heald Colleges; Lincoln Educational Services, the owner of Lincoln Technical and Lincoln Colleges Online; and Bridgepoint Education, the operator of Ashford University. Spokesmen for Lincoln Educational Services, Bridgeport Education and Corinthian Colleges each said the companies had been sent requests for information by the attorney general’s office and would comply with them. A representative of Career Education Corporation declined to comment. For­profit schools have become big business in the United States, especially as the unemployed seek a way back into the work force. Some of those schools, however, have been accused of creating as much economic harm as help: students have reported falling deep into debt to pay for classes that they said had failed to deliver what they had promised. Mr. Trump’s institution is unique among for­profit schools: it is built Exhibit C; 4 of 10 http://www.nytimes.com/2011/05/20/nyregion/trumps­for­profit­school­said­to­be­under­investigation.html?pagewanted=all 2/5 4/27/2016 Former Trump University Is Subject of Inquiry in New York ­ The New York Times Case 3:13-cv-02519-GPC-WVG Document 233-5 Filed 06/10/16 Page 6 of 11 almost entirely around the prestige and prominence of a single individual. Mr. Trump said he created the university in 2005 to impart decades’ worth of his business acumen to the general public. He aggressively marketed the school, telling students that his handpicked instructors would “teach you better than the best business school,” according to a transcript of a Web video. The school has charged premium prices because of the Trump name, with the cost of the courses ranging from $1,500 to $35,000 each. But, as The New York Times reported last week, dozens of students have complained about the quality of the program to the attorneys general of New York, Texas, Florida and Illinois. The Better Business Bureau gave the school a D­minus for 2010, its second­lowest grade, after receiving 23 complaints. Over the last three years, New York and Maryland have told the company to drop the word “university” from its title, saying that using it violated state education laws. (The school was renamed the Trump Entrepreneur Initiative in 2010.) Four former students filed a suit against Trump University last year in a federal court in California, seeking class­action status. They contended that the school used high­pressure sales tactics to enroll students in the costly classes, promised extensive one­on­one instruction that did not materialize and employed “mentors” who at times recommended investments from which they stood to profit. Mr. Sorial of the Trump Organization, which oversees Mr. Trump’s businesses, forcefully disputed those claims. He said on Thursday that 95 percent of the school’s students in New York had rated their courses as “excellent” on evaluation forms. The school’s national average is even higher, he said. “Our customer satisfaction surveys speak for themselves,” he said. As its troubles have mounted, the school has suspended new classes and begun overhauling its curriculum, executives said. One priority is finding a Exhibit C; 5 of 10 http://www.nytimes.com/2011/05/20/nyregion/trumps­for­profit­school­said­to­be­under­investigation.html?pagewanted=all 3/5 4/27/2016 Former Trump University Is Subject of Inquiry in New York ­ The New York Times Case 3:13-cv-02519-GPC-WVG Document 233-5 Filed 06/10/16 Page 7 of 11 way to inject more of Mr. Trump into the program. “The one thing is that they really wanted me involved, instead of the teachers,” Mr. Trump said in an interview last week. In interviews, several former students said they felt betrayed by the real estate mogul and his school, especially after investing tens of thousands of dollars in what they thought was to be a comprehensive education. “They lure you in with false promises,” said Patricia Murphy, 57, of the Bronx, who is among the former students suing Mr. Trump, whose suit makes similar claims. She said she had spent about $12,000 on Trump University classes, much of it paid with credit cards, in the hope of escaping her career as a part­time teacher and becoming a real estate investor. Her instructors said they would introduce her to banks, help her secure loans and walk her, step by step, through deals, she recalled. “They did none of that,” she said. “I was scammed.” Mr. Sorial said the school was looking into Ms. Murphy’s claims. Carmen Mendez, 59, a public school teacher in Brooklyn, wrote to the Better Business Bureau in 2009 about her disappointment with the school — and with Mr. Trump. She said she had dipped into her retirement savings to pay nearly $35,000 for the classes, because “Mr. Trump is a very respectable person, and I thought that Trump University was a real institution,” she said in the letter to the Better Business Bureau. An instructor promised her, she wrote, that the school guaranteed financial assistance to buy e real estate. But once she had enrolled, Ms. Mendez wrote, she was refused such assistance. Because her credit cards were loaded with debt to pay for the classes, mortgage brokers told her she was ineligible for a loan, she said. “I am writing because I want people to be aware that Trump University is Exhibit C; 6 of 10 http://www.nytimes.com/2011/05/20/nyregion/trumps­for­profit­school­said­to­be­under­investigation.html?pagewanted=all 4/5 4/27/2016 Former Trump University Is Subject of Inquiry in New York ­ The New York Times Case 3:13-cv-02519-GPC-WVG Document 233-5 Filed 06/10/16 Page 8 of 11 not a real educational institution,” she told the Better Business Bureau. “Please advise other people so they do not lose their savings in these difficult days.” Mr. Sorial said that the school tried to offer Ms. Mendez a full refund more than six months ago. “She failed to return our numerous calls and e­ mails,” he said. A version of this article appears in print on May 20, 2011, on page A18 of the New York edition with the headline: New York Attorney General Is Investigating Trump’s For­Profit School. © 2016 The New York Times Company Exhibit C; 7 of 10 http://www.nytimes.com/2011/05/20/nyregion/trumps­for­profit­school­said­to­be­under­investigation.html?pagewanted=all 5/5 4/27/2016 For some, "big time net loss" after attending Trump University ­ CBS News Case 3:13-cv-02519-GPC-WVG Document 233-5 Filed 06/10/16 Page 9 of 11 Log In CBS News / CBS Evening News / CBS This Morning / 48 Hours / 60 Minutes / Sunday Morning / Face The Nation / CBSN Morning Rounds Note to Self Green Room Saturday Search More The Rundown Trending Videos CBSN LIVE » CBS This Morning Trump sweeps 5 states, says he's "presumptive nomi... CBS This Morning Clinton reaches out to Sanders voters after winnin... CBS This Morning Impact of Trump and Clinton's Northeast primary la... CBS This Morning Dyson looks to By  JULIANNA GOLDMAN AND LAURA STRICKLER /  CBS NEWS /  September 24, 2015, 7:40 AM For some, "big time net loss" after attending Trump University 61 Comments /   1.6K Shares /   Tweet /   Stumble /   Email At a speech in South Carolina Wednesday, Republican presidential candidate Donald Trump brought up one of his former ventures: Trump University. It's been the subject of increased scrutiny ever since New York's attorney general sued Trump in 2013, saying the school was a scam. While a number of students said they were satisfied with the value of their Trump University investment, 150 filed affidavits with an attorney general, and two class­ action lawsuits were filed by students demanding their money back. The lawsuits are still ongoing and just last week, a judge decertified part of one class­action suit relating to Trump University, handing Trump a partial victory. During a three­month investigation, CBS News reached out to dozens of former three students and reviewed hundreds of comments about the program. 29  PHOTOS Donald Trump Trump has become the Republican frontrunner in part because of his reputation as a top businessman who gets things done, reports CBS News correspondent Julianna Goldman. But that's also brought unresolved lawsuits, several related to Trump University, which even his own lawyer acknowledges would likely extend into a potential Trump administration. In 2010, former New York City Transit worker http://www.cbsnews.com/news/trump­university­investigation­unresolved­lawsuits/ Follow Us From CBS News Girls in fatal fight at Delaware school suspended 484763  VIEWS Is drug cartel behind execution­style murder of Ohio family? 380384  VIEWS Did Mexican drug cartel carry out Ohio family murders? 246028  VIEWS Obama on why the U.S. won't "destroy North Korea" 236911  VIEWS Chief: Charges expected in Delaware student's death 190643  VIEWS Try Microsoft’s CRM Now—Your Customer Is Waiting Get a free trial of Microsoft Dynamics and elevate customer service today. Exhibit C; 8 of 10 1/4 4/27/2016 For some, "big time net loss" after attending Trump University ­ CBS News Case 3:13-cv-02519-GPC-WVG Document 233-5 Filed 06/10/16 Page 10 of 11 Gary Smith was unemployed and said he was desperate to make money. He saw an ad for Trump University and turned to a known brand. "Particularly what I was really looking for was guidance in how to finance real estate transactions," Smith said. Sponsored by Microsoft Watch CBSN Live Trump was "definitely" a draw for him, Smith said, because he thought the real estate mogul was a "top­notch guru of sorts." Smith spent more than $35,000 on Trump University. He contacted the attorney general of New York after he heard about its $40 million lawsuit against Trump claiming the billionaire defrauded students and made an estimated $5 million. "I didn't want to put my name on anything having to do with education unless it was going to be the best," Trump could be seen saying in the university's promotional video. Trump University began in 2004. In 2007 it started offering live events around the country. Watch CBS News anytime, anywhere with the new 24/7 digital news network. Stream CBSN live or on demand for FREE on your TV, computer, tablet, or smartphone. "If you don't learn from the people that we're going to be putting forward, and these are all people who are handpicked by me," Trump said in the commercial. CBS News found three of those instructors had previously filed for bankruptcy. three Others like Smith's instructor, James Harris, were motivational speakers paid on commission to sell additional Trump training. Watch Now Converse Big Girls' Chuck Taylor... $19.98 $59.99 CBS News verified at least 17 affidavits specifically mention Harris, who was hired in 2008. Shop Friends & Family Sitewide 25% O獠! Macy's While thousands attended the three­day, $1,500 seminar around the country, the three company's main revenue source was an extended $35,000 mentorship called the Trump "Gold Elite" package. Smith and other former students told CBS News that instructors urged them to increase the credit limit on their credit cards for investing and to fund their training. One former student's affidavit reads: "When people said that they didn't have enough money to pay for the Trump Elite programs, Mr. Harris suggested using the newly increased credit card limit." "It certainly wasn't something that was encouraged or something that was implemented across the board," Trump's attorney Alan Garten said."Unfortunately, I think with any business you're going to get some students who aren't satisfied." Smith said he was told he would get support from real estate mentors but said they didn't deliver. Smith concedes he gave positive reviews to two mentors, and even writing: "I'm very optimistic that I will be a very successful real estate investor in the near future." 23  PHOTOS 50 years of Bond style The Newsroom "I didn't get any financial gain; it's been a big time net loss at this point," Smith said. "People have to take responsibility for themselves, and you use the tools and move forward. As far as just simply, 'oh, Mr. Trump is rich and should just refund everyone money'... Trump University was not a charitable institution," Garten said. An internal 2010 memo shows Trump employees acknowledged the mentorship program was too difficult for the company to "fulfill" and "expectations are not always realistically set or consistently met." The school stopped accepting students and began winding down in the summer of 2010. http://www.cbsnews.com/news/trump­university­investigation­unresolved­lawsuits/ Exhibit C; 9 of 10 2/4 4/27/2016 For some, "big time net loss" after attending Trump University ­ CBS News Case 3:13-cv-02519-GPC-WVG Document 233-5 Filed 06/10/16 Page 11 of 11 Garten cites surveys showing a 98 percent satisfaction rate. But court documents indicate that of the 6,698 students who signed up for the three­day seminar or three more, 2,539 of them ­­ almost 40 percent ­­ received a refund. Garten said that number is in "no way" indicative of student satisfaction. He said it "demonstrates Trump University's generous refund policy." Newsroom A Twitter list by  @CBSThisMorning The @CBSThisMorning Newsroom on CBSNews.com CBS Evening News  "We provided students with valuable resources, with online instructions, with in­ person training. Mentoring, seminars. Substantive curriculum. And the vast majority of students, almost all the students, got their money's worth and were satisfied," Garten said.    @   CBSEveningNews .@jeffpeguescbs sits down w/former Baltimore  Police Comm. Anthony Batts for 1st interview  since leaving the force  Smith said the pitch that drew him to Trump University isn't so different from the Republican frontrunner's presidential campaign. "Behind that veneer is to me somebody that could care less for the average person and you know people that you know he's dealing with in general, I think it's all about him," Smith said. In Wednesday's speech, Trump said that he had intended to give the profits from Trump University to charity. A few students CBS News spoke with said the program was worthwhile. One man in New Jersey, who did not want to be named, said the $35,000 he paid got him the hands­on knowledge he needed to start his own real estate business. CBS Evening News  @   CBSEveningNews    NEW: Prescription painkillers were found in  Prince’s possession when he died, law  enforcement source tells CBS News  © 2015 CBS Interactive Inc. All Rights Reserved. 61 Comments /   1.6K Shares /   5s   Tweet /   Stumble /   Email Embed View on Twitter Sign Up for a Quick Guided Tour of the World's Leading CRM Salesforce CONVERSE BIG GIRLS' CHUCK TAYLOR... 20 Unbelievable Things You Never Knew About Prince Todays Buzz How Much Money Do You Really Get from a Reverse Mortgage? NewRetirement Sponsored Links  by Taboola     $19.98 $59.99 S HOW 61 COMME NT S + Macy's More CBS This Morning Popular 7 Reasons Why Glasses Should be Bought Online GlassesUSA.com 15 Nerdy Actors Who Turned Out To Be Heartthrobs WomensForum Bonnie Raitt is back with her 20th album and plans to "keep going" At 66, the singer has racked up 10 Grammys, been inducted into the Rock and Roll Hall of Fame and been named to Rolling Stone's top lists, but shows no sign of stopping soon Unnerving Historical Photos That Will Leave you Speachless Todays Buzz The HCV Treatment Evolution: For Health Professionals TheBody.com New details released in Prince's death http://www.cbsnews.com/news/trump­university­investigation­unresolved­lawsuits/ Exhibit C; 10 of 10 3/4 - 'Do?ument'zssfa Fil??ds 06/10/16 - page. of '6 - 4/27/2016 Trump defends Trump University, says students loved it ­ CNNPolitics.com Case 3:13-cv-02519-GPC-WVG Document 233-6 Filed 06/10/16 Page 2 of 6 Trump defends Trump University, says students loved it By Eugene Scott, CNN  Updated 4:48 PM ET, Thu March 3, 2016  Trump University fraud case becomes campaign issue 04:20 Story highlights Trump spoke as attack ads focusing on the school are airing The billionaire developer says a fraud suit is much ado about nothing Washington (CNN) — Donald Trump is defending Trump University, saying Thursday that almost all of the students gave the school an "A." Trump spoke about the university after coming under fire for it in political attack ads and a New York court ruling earlier this week that a case against the school by New York Attorney General Eric Schneiderman can continue. "I could have settled and probably still could very, very easily. But I don't want to settle it because, look, the people that took the course, 98% of those people liked the school. We have report cards," Trump told George Stephanopoulos on ABC's "Good Morning America." RELATED: Court refuses to dismiss case against Trump U. Trump, the Republican presidential front-runner, is facing ads focusing on the now-shuttered university that are airing in several states charging students they http://www.cnn.com/2016/03/03/politics/donald­trump­university­ads­lawsuit/ Exhibit D; 1 of 5 were cheated out of thousands of dollars. 1/3 4/27/2016 Trump defends Trump University, says students loved it ­ CNNPolitics.com Case 3:13-cv-02519-GPC-WVG Document 233-6 Filed 06/10/16 Page 3 of 6 are airing in several states charging students they were cheated out of thousands of dollars. "The truth about Trump University? Donald Trump made millions, while hard-working Americans got scammed," the narrator says in the ad sponsored by "Our Principles," an anti-Trump PAC. "Donald Trump belongs in a 3 a.m. infomercial, not here," the ad continues, as a picture of the White House appears. Later Thursday, Ted Cruz hit Trump over the university, tweeting, "Get your own #TrumpUniversity certificate of deception here" with a picture of a fake certificate. Ted Cruz    Follow @   tedcruz Get your own #TrumpUniversity certificate of deception here —> bit.ly/1VTzi7H 1:23 PM ­ 3 Mar 2016    1,584   2,019 Trump dismissed the Attorney General's lawsuit as something that is common for successful executives. "I'm sued all the time and so is every other big business person," Trump said. "This is why they say if you're a successful person, you can't run for political o藋ꩶce." "Everything you do, you get sued on and it gets exposed. We will win that case very easily," he added. Troubles surrounding Trump University are continuing to attract attention after a New York court declined Tuesday to throw out a fraud case brought by the state's attorney general. Exhibit D; 2 of 5 Schneiderman alleges that Trump University defrauded students who enrolled expecting to learn Trump's http://www.cnn.com/2016/03/03/politics/donald­trump­university­ads­lawsuit/ 2/3 4/27/2016 Trump defends Trump University, says students loved it ­ CNNPolitics.com Case 3:13-cv-02519-GPC-WVG Document 233-6 Filed 06/10/16 Page 4 of 6 Schneiderman alleges that Trump University defrauded students who enrolled expecting to learn Trump's secrets to making money in real estate. Trump's lawyers argued that Schneiderman took too long to bring the case and that it should be dismissed under the statute of limitations. But the New York appellate division unanimously rejected that argument, clearing the way for the case to go to trial. Nearly 9,000 people died. She survived Norway F-16s shoot up control tower Trump and Clinton: Bring on the general election Reid says Sanders can't win, but won't call on him to quit race http://www.cnn.com/2016/03/03/politics/donald­trump­university­ads­lawsuit/ Exhibit D; 3 of 5 3/3 4/27/2016 Woman who sued Trump University wants out of case ­ Mar. 11, 2016 Case 3:13-cv-02519-GPC-WVG Document 233-6 Filed 06/10/16 Page 5 of 6 U.S. + Business Markets Tech Media Personal Finance Small Biz Luxury stock tickers America’s Choice 2016 Woman who sued Trump University wants out of case by Chris Isidore   @CNNMoney March 11, 2016: 11:40 AM ET Recommend 5.5K     Social Surge - What's Trending Nintendo announces new console, codenamed 'NX' What is the cloud? Prince had no will, says his sister New York attorney general: Trump University a scam A woman who has been fighting Donald Trump in court for six years has had enough. Tarla Makae헄锹, whose name is on one of the class action suits against Trump University, wants to drop out of the case. She says she is tired of public attacks by Trump. Makae헄锹 simply "wants her life back without living in fear of being disparaged by Trump on national television," according to a motion she filed in court asking to withdraw. At a campaign rally last month, Trump called her a "horrible, horrible witness," according to court records. The lawsuit charges that Trump defrauded thousands of students by falsely promising that he had handpicked instructors to teach them his secrets of how to make money in real estate. It is one of two class action suits in federal court against Trump and the school, which closed in 2010. New York Attorney General Eric Schneiderman has also brought a civil suit in New York against Trump University. Advertisement Related: Trump University controversy - In 2 minutes Search for Jobs Trump's lawyers are opposing Makae헄锹's request to withdraw. They argue that their strategy has http://money.cnn.com/2016/03/11/news/companies/trump­university­donald­trump­tarla­makaeff/index.html Exhibit D; 4 of 5 Powered by Indeed 1/4 4/27/2016 Woman who sued Trump University wants out of case ­ Mar. 11, 2016 Case 3:13-cv-02519-GPC-WVG Document 233-6 Filed 06/10/16 Page 6 of 6 Trump's lawyers are opposing Makae헄锹's request to withdraw. They argue that their strategy has been built around plans to attack her credibility in court. So it would be unfair if they don't have Makae헄锹 to attack, they say. "Makae헄锹's participation in this case, particularly as a live trial witness, is essential to the trial strategy and defense defendants have been developing for almost six years," said the motion from Trump's attorneys. Makae헄锹's lawyers rebut that argument. Total Lifetime Cost: STUDENT LOAN CALCULATOR BY Donald J. Trump   @   realDonaldTrump Job title Location Powered by SmartAsset What's the Lifetime Cost of Your Student Loans? Millions of job openings! Find Jobs  Accounting Engineering Developer Finance Management Media Marketing Sales See all jobs Employers / Post a Job  Follow jobs by The primary plaintiff in the phony Trump University suit wants to abandon the case. Disgraceful! 9:27 AM ­ 6 Mar 2016    3,245  Paid Content  9,256 Kelley Blue Book Names Their Favorite… The primary plainti헄锹 in the phony Trump University suit wants to abandon the case. Disgraceful! Kelley Blue Book — Donald J. Trump (@realDonaldTrump) March 6, 2016 Better than Black Friday : Amazing… Macys.com Related: Trump's modeling agency broke immigration laws, attorneys say What's causing your Lower Back Pain? Makae헄锹 and Trump have been feuding in court for years. Shortly after she filed the Trump University case in April 2010, Trump brought a counter suit. He claimed that she had defamed him, but the court disagreed and in April 2015 it ordered Trump to pay Makae헄锹 nearly $800,000 in attorney fees. Yahoo Search Jim Cramer is Alerting Investors of His… TheStreet on Topdust One of the key Trump attacks against Makae헄锹 center on videos of her praising Trump University when she was a student. But her lawyers argued that she didn't realize at the time that she and other students had been deceived by false promises from Trump University, and because the school had promised students it would continue to provide contacts and other assistance on future real estate deals. The court agreed with that argument when dismissing Trump's counterclaim against Makae헄锹. It ruled two years ago that "as the recent Ponzi-scheme scandals involving onetime financial luminaries like Bernard Mado헄锹 and Allen Stanford demonstrate, victims of con artists often sing the praises of their victimizers until the moment they realize they have been fleeced." Hot List Airfare just keeps getting cheaper Whirlpool drowning in overseas turmoil Why are English doctors so angry? Germany's $1.4 billion boost for electric cars Warren Bu헄锹ett is beating the market again http://money.cnn.com/2016/03/11/news/companies/trump­university­donald­trump­tarla­makaeff/index.html Exhibit D; 5 of 5 2/4 I Case Judge bashed by Trump orders release of company records - The Washington Post Page 1 of 3 Case 3:13-cv-02519-GPC-WVG Document 233-7 Filed 06/10/16 Page 2 of 6 Politics Judge bashed by Trump orders release of company records By Tom Hamburger May 28 A federal judge has ordered the release of internal Trump University documents in an ongoing lawsuit against the company, including “playbooks” that advised sales personnel how to market high-priced courses on getting rich through real estate. The Friday ruling, in which Judge Gonzalo Curiel cited heightened public interest in presumptive Republican presidential nominee Donald Trump, was issued in response to a request by The Washington Post. The ruling was a setback for Trump, whose attorneys argued that the documents contained trade secrets. Curiel’s order came the same day that Trump railed against the judge at a boisterous San Diego rally for his handling of the case, in which students have alleged they were misled and defrauded. The trial is set for November. Trump, who previously questioned whether Curiel’s Hispanic heritage made him biased due to Trump’s support for building a wall on the Mexican border, said Friday that Curiel “happens to be, we believe, Mexican.” Trump called the judge a “hater of Donald Trump” who had “railroaded” him in the case. “I think Judge Curiel should be ashamed of himself. I think it’s a disgrace that he is doing this, “ Trump said. In his order, Curiel noted that Trump had emerged as a leading presidential candidate over the course of the civil case against Trump University and that Trump had “placed the integrity of these court proceedings at Exhibit E; 1 of 5 https://www.washingtonpost.com/politics/judge-orders-release-of-internal-trump-universit... 5/30/2016 Judge bashed by Trump orders release of company records - The Washington Post Page 2 of 3 Case 3:13-cv-02519-GPC-WVG Document 233-7 Filed 06/10/16 Page 3 of 6 issue.” The judge pointed to a previous case to say that courts deciding on public disclosure must weigh “whether a party benefitting from the order of confidentiality is a public entity or official; and . . . whether the case involves issues important to the public.” Trump University was started in 2004 to offer courses in entrepreneurship under the Trump brand. Trump gave his blessing, according to court documents reported previously by The Post, becoming a 93 percent owner of the new enterprise. Two class action lawsuits being considered in San Diego have accused Trump University of using deceptive practices as it brought in millions of dollars from customers who were told they would learn Trump’s techniques to become successful in the world of real estate. Trump and his attorneys have vigorously denied the fraud claims, pointing to high ratings that students gave their courses at the time. The Post intervened in April, arguing that Trump’s pursuit of the presidency made his business dealings a matter of public interest and that an inactive company had no compelling reason to maintain secrecy. Some of the firm’s internal documents previously became public. A 2010 “playbook” published by Politico, for instance, directed sales people to rank students based on their liquid assets to determine who to target for buying courses. Trump and his attorneys have said the company would return in some form after the case is resolved and that it would be damaged by the release of the marketing material. Curiel seemed unconvinced. Trump’s “assertion that the information retains any commercial value is speculative given the lack of any support for the statement that Trump University ‘may’ resume operations,” the order released Friday said. Curiel ordered that the playbooks and other records, numbering about 1,000 pages, be released by Thursday, June 2, allowing time to redact telephone numbers and other personal information about the company. Sign up Exhibit E; 2 of 5 https://www.washingtonpost.com/politics/judge-orders-release-of-internal-trump-universit... 5/30/2016 Judge bashed by Trump orders release of company records - The Washington Post Page 3 of 3 Case 3:13-cv-02519-GPC-WVG Document 233-7 Filed 06/10/16 Page 4 of 6 In addition to the class action cases, New York Attorney General Eric Schneiderman filed a $40 million lawsuit in 2013 alleging that Trump had defrauded more than 5,000 individuals through Trump University, which was never licensed as an educational institution. Schneiderman alleged in the suit that Trump personally earned $5 million from the enterprise, in which sales personnel were assigned to get people to pay $1,495 for a three-day seminar in real estate techniques. In selling the courses, Trump released a marketing video that said, “We are going to have professors and adjunct professors that are absolutely terrific . . . and these are all people who are going to be handpicked by me.” One of the university’s top executives, Michael Sexton, subsequently testified in one of the class action suits that “none of the professors at the live events” were handpicked by Trump. Depositions released in March quote Trump acknowledging a lack of close involvement with mentors and students. The fraud allegations were highlighted during this year’s campaign for the GOP presidential nomination by some of Trump’s competitors and by a super PAC that opposed Trump. Campaign and legal representatives for Trump could not be reached for comment Saturday. However, Jill A. Martin, vice president and assistant general counsel for the Trump Organization, said in a written statement in March that the allegations had “no substance.” She added that “Trump University was a professionally run company which provided students with a valuable and substantive education and the tools to succeed in business and real estate.” Tom Hamburger covers the intersection of money and politics for The Washington Post. Follow @thamburger Campaign 2016 ✕ State of the 2016 race ∠ Exhibit E; 3 of 5 https://www.washingtonpost.com/politics/judge-orders-release-of-internal-trump-universit... 5/30/2016 6/8/2016 Donald Trump still battling lawsuits from defunct Trump University ­ Jul. 24, 2015 Case 3:13-cv-02519-GPC-WVG Document 233-7 Filed 06/10/16 Page 5 of 6 U.S. + Business Markets Tech Media Personal Finance Small Biz Luxury stock tickers Donald Trump still battling lawsuits from defunct Trump University by Jeanne Sahadi and Karen McGowan   @CNNMoney July 24, 2015: 5:16 PM ET Recommend 7.6K     Social Surge - What's Trending Human-carrying drone debuts at CES John Oliver makes 'TV history' by forgiving $15 million in medical debt Can this massive refinery solve Nigeria's energy crisis? Presidential candidate Donald Trump wants to "Make America Great Again!" Before he can do that, he has to answer to allegations that his now-defunct Trump University was a scam. Trump is involved in two lawsuits brought by former students and one by the New York Attorney General. The Donald is expected to be questioned under oath next month in a class action lawsuit brought by Art Cohen, who spent more than $36,000 on the Trump programs. Cohen's suit alleges that Trump University failed to deliver on its promises to provide a premier education. Advertisement Related: What we know - and don't know - about Donald Trump's wealth Trump University, launched in 2005, promised to teach students the mogul's investing techniques to get rich on real estate. But the suit claims the teachers were not professors handpicked by Trump as advertised, but rather independent contractors paid commissions for sales of the seminars and products. The suit also alleges that the University would "upsell" students in its initial free seminar to buy a $1,495 "one year apprenticeship" -- which was e䀾盈ectively a three-day seminar. Then if they bought that, the teachers would upsell them again to buy "mentorships" at a cost of $10,000 and up. The most expensive, the Gold Elite program, cost $35,000. "Even then, after investing nearly $36,500, students still do not receive Defendant Trump's 'secrets' they were promised, but are constantly subjected to upsell of additional Live Events, products and books," the Cohen suit said. Trump's camp rejects the allegations. "Mr. Cohen's claims are completely baseless," said Alan http://money.cnn.com/2015/07/24/news/donald­trump­university­lawsuit/ Search for Jobs Powered by Indeed Millions of job openings! Job title Location Find Jobs  Accounting Engineering Developer Finance Management Media Marketing Sales See all jobs Employers / Post a Job Exhibit E; 4 of 5 1/11 6/8/2016 Donald Trump still battling lawsuits from defunct Trump University ­ Jul. 24, 2015 Case 3:13-cv-02519-GPC-WVG Document 233-7 Filed 06/10/16 Page 6 of 6 Trump's camp rejects the allegations. "Mr. Cohen's claims are completely baseless," said Alan Garten, the executive vice president and general counsel of The Trump Organization. jobs by Jason Forge, an attorney representing Cohen, said "We'd rather try this case in court." Paid Content Related: Donald Trump: I'm worth $10 billion 25 Unbelievable Unresolved Mysteries… In addition to Trump's upcoming deposition, more information about his financial stake in the school may be revealed. XOXLY U.S. District Judge Gonzalo Curiel in California ordered that the plainti䀾盈 may reopen depositions of various Trump witnesses where they were asked but didn't answer questions about the money Trump put into -- and received from -- Trump University. 10 New Cars in 2016 That Are Changing… Cohen's Trump University suit isn't the first. Another class action suit representing students in California, Florida and New York made similar claims and is still pending. Going to See the Grand Canyon with… And in a suit brought by the State of New York, a trial court found Trump was personally liable for running an unlicensed school and must pay restitution to approximately 800 consumers nationwide who took courses after May 31, 2010 from the Trump Entrepreneur Initiative (formerly known as Trump University). Harry's Razors: Do They Live Up To The… In addition, the court authorized Trump's attorneys to take the deposition of more than 5,000 consumers who took courses before that date and for whom New York State Attorney General Eric Schneiderman is seeking restitution under claims of fraud. CNNMoney (New York) First published July 24, 2015: 5:12 PM ET Kelley Blue Book Alamo Rent A Car Harry's Hot List Jamie Dimon to Americans: 'You're being manipulated' Hillary Clinton's best economic idea Paid Content Recommended by Trump will cause 'protracted recession' Martin Shkreli is hit with a new charge, pleads not guilty You Won't Believe What He Said Before He Died Your Tailored News Type in your name or anyone's, this site is addicting TruthFinder Shocking Historical Photos That Will Leave You Speechless AmericanUpbeat.com 3 ways batteries could dramatically improve your life Most Popular Videos Priyanka Chopra's Most Gorgeous Photos ViralMozo Thinking About Going Solar? Read This First Home Solar Programs Paid Content These 16 Animals are the Most Aggressive on the Planet UdderlyPettable 60 Stars Who Vanished Without a Trace From Hollywood Pittsburgh Steelers' robot is making football safer Scribol More from CNN Money Donald Trump to be witness in federal case accusing him of fraud In Ferguson, even owning an old car can lead to arrest Matt Damon rips Trump and bankers in http://money.cnn.com/2015/07/24/news/donald­trump­university­lawsuit/ Exhibit E; 5 of 5 2/11 Case 3:13-cv-02519-GPC-WVG Document 233-8 Filed 06/10/16 Page 1 of 3 1 2 3 4 DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROA ST. SUITE 2400 LOS ANGELES, CALIFORNIA 90017-2566 TELEPHONE (213) 633-6800 FAX (213) 633-6899 KELLI L. SAGER (State Bar No. 120162) kellisager@dwt.com ALONZO WICKERS IV (State Bar No. 169454) 6 alonzowickers@dwt.com 7 DAN LAIDMAN (State Bar No. 274482) danlaidman@dwt.com DIANA PALACIOS (State Bar No. 290923) 8 dianapalacios@dwt.com 5 9 Attorneys for Media Intervenors CABLE NEWS NETWORK, INC. (“CNN”); CBS BROADCASTING INC.; CBS 11 INTERACTIVE INC.; TRIBUNE PUBLISHING COMPANY; NBCUNIVERSAL MEDIA, LLC; 12 ABC, INC.; THE NEW YORK TIMES COMPANY; and WP COMPANY LLC D/B/A 13 THE WASHINGTON POST 10 14 UNITED STATES DISTRICT COURT 15 SOUTHERN DISTRICT OF CALIFORNIA 16 17 ART COHEN, Individually and on Behalf of All Others Similarly Situated, 18 19 20 Plaintiff, vs. DONALD J. TRUMP, 21 Defendant. 22 23 24 25 26 27 28 CORPORATE DISCLOSURE STATEMENT DWT 29747005v1 0026517-000166 Case No. 3:13-cv-02519-GPC-WVG CORPORATE DISCLOSURE STATEMENT (F.R.C.P. 7.1) Judge: Date: Courtroom: Time: Hon. Gonzalo P. Curiel June 30, 2016 2D 1:30 p.m. Case 3:13-cv-02519-GPC-WVG Document 233-8 Filed 06/10/16 Page 2 of 3 Pursuant to Federal Rule of Civil Procedure 7.1(a), the Media Intervenors 1 2 provide the following disclosure statements: ABC, Inc. is an indirect, wholly owned subsidiary of The Walt Disney 3 4 Company, which is publicly traded. Cable News Network, Inc. (“CNN”) is a wholly owned subsidiary of Turner 5 6 Broadcasting System, Inc., which itself is a wholly owned subsidiary of Time Warner 7 Inc., which is publicly traded. CBS Broadcasting Inc. is an indirect, wholly owned subsidiary of CBS 8 9 10 Corporation, and CBS Interactive Inc. is a wholly owned subsidiary of CBS Corporation. CBS Corporation is publicly traded. NBCUniversal Media, LLC is indirectly owned by Comcast Corporation, 11 12 which is publicly traded. No other publicly held corporation owns 10% or more of 13 NBCUniversal Media, LLC. The New York Times Company, a publicly traded company, certifies that it 14 15 has no parent company and that one publicly held corporation, Grupo Financiero 16 Inbursa, S.A.B. de C.V., owns more than 10 percent of its stock through affiliated 17 entities. Tribune Publishing Company, whose news organizations include the Los 18 19 Angeles Times, the Chicago Tribune, and the San Diego Union-Tribune, is publicly 20 held. Merrick Media, LLC, Nant Capital, LLC, Oaktree Capital Management, L.P., 21 and Primecap Management Company each own 10 percent or more of Tribune 22 Publishing Company’s stock. 23 /// 24 /// 25 /// 26 27 28 1 CORPORATE DISCLOSURE STATEMENT DWT 29747005v1 0026517-000166 Case 3:13-cv-02519-GPC-WVG Document 233-8 Filed 06/10/16 Page 3 of 3 1 WP Company LLC d/b/a The Washington Post filed a Corporate Disclosure 2 Statement in this action on April 1, 2016. See Dkt. # 177. 3 DATED: June 10, 2016 4 5 6 DAVIS WRIGHT TREMAINE LLP KELLI L. SAGER ALONZO WICKERS IV DAN LAIDMAN DIANA PALACIOS 7 By: 8 /s/ Kelli L. Sager Kelli L. Sager 9 Attorneys for Media Intervenors CABLE NEWS NETWORK, INC. (“CNN”); CBS BROADCASTING INC.; CBS INTERACTIVE INC.; TRIBUNE PUBLISHING COMPANY; ABC, INC.; NBCUNIVERSAL MEDIA, LLC; THE NEW YORK TIMES COMPANY; and WP COMPANY LLC D/B/A THE WASHINGTON POST 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 CORPORATE DISCLOSURE STATEMENT DWT 29747005v1 0026517-000166 Case 3:13-cv-02519-GPC-WVG Document 233-9 Filed 06/10/16 Page 1 of 2 1 2 3 4 DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROA ST. SUITE 2400 LOS ANGELES, CALIFORNIA 90017-2566 TELEPHONE (213) 633-6800 FAX (213) 633-6899 KELLI L. SAGER (State Bar No. 120162) kellisager@dwt.com ALONZO WICKERS IV (State Bar No. 169454) 6 alonzowickers@dwt.com 7 DAN LAIDMAN (State Bar No. 274482) danlaidman@dwt.com DIANA PALACIOS (State Bar No. 290923) 8 dianapalacios@dwt.com 5 9 Attorneys for Media Intervenors CABLE NEWS NETWORK, INC. (“CNN”); CBS BROADCASTING INC.; CBS 11 INTERACTIVE INC.; TRIBUNE PUBLISHING COMPANY; NBCUNIVERSAL MEDIA, LLC; 12 ABC, INC.; THE NEW YORK TIMES COMPANY; and WP COMPANY LLC D/B/A 13 THE WASHINGTON POST 10 14 UNITED STATES DISTRICT COURT 15 SOUTHERN DISTRICT OF CALIFORNIA 16 17 ART COHEN, Individually and on 18 Behalf of All Others Similarly Situated, Plaintiff, 19 20 21 vs. DONALD J. TRUMP, Defendant. 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE DWT 29769675v1 0026517-000166 Case No. 3:13-cv-02519-GPC-WVG CERTIFICATE OF SERVICE Judge: Date: Courtroom: Time: Hon. Gonzalo P. Curiel June 30, 2016 2D 1:30 p.m. Case 3:13-cv-02519-GPC-WVG Document 233-9 Filed 06/10/16 Page 2 of 2 CERTIFICATE OF SERVICE 1 2 3 4 The undersigned hereby certifies that true and correct copies of the following documents: • NOTICE OF MOTION AND MOTION OF MEDIA INTERVENORS 5 TO INTERVENE AND FOR AN ORDER MODIFYING STIPULATED 6 PROTECTIVE ORDER; 7 • MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT 8 OF MEDIA INTERVENORS’ MOTION TO INTERVENE AND FOR AN ORDER 9 MODIFYING STIPULATED PROTECTIVE ORDER; 10 • DECLARATION OF DIANA PALACIOS IN SUPPORT OF MOTION 11 OF MEDIA INTERVENORS TO INTERVENE AND FOR AN ORDER 12 MODIFYING STIPULATED PROTECTIVE ORDER; EXHIBITS A-E; 13 • CORPORATE DISCLOSURE STATEMENT (F.R.C.P. 7.1); AND 14 • [PROPOSED] ORDER GRANTING MOTION OF MEDIA 15 INTERVENORS TO INTERVENE AND MODIFY PROTECTIVE ORDER. 16 have been served on June 10, 2016, to all counsel of record who are deemed to 17 have consented to electronic service via the Court’s CM/ECF system per Civil Local 18 Rule 5.4. 19 DATED: June 10, 2016 20 21 22 DAVIS WRIGHT TREMAINE LLP KELLI L. SAGER ALONZO WICKERS IV DAN LAIDMAN DIANA PALACIOS By: /s/ Kelli L. Sager Kelli L. Sager Attorneys for Media Intervenors CABLE NEWS NETWORK, INC. (“CNN”); CBS BROADCASTING INC.; CBS INTERACTIVE INC.; TRIBUNE PUBLISHING COMPANY; ABC, INC.; NBCUNIVERSAL MEDIA, LLC; THE NEW YORK TIMES COMPANY; and WP COMPANY LLC D/B/A THE WASHINGTON POST 23 24 25 26 27 28 1 CERTIFICATE OF SERVICE DWT 29769675v1 0026517-000166 Case 3:13-cv-02519-GPC-WVG Document 233-2 Filed 06/10/16 Page 1 of 5 1 2 3 4 DAVIS WRIGHT TREMAINE LLP 865 S. FIGUEROA ST. SUITE 2400 LOS ANGELES, CALIFORNIA 90017-2566 TELEPHONE (213) 633-6800 FAX (213) 633-6899 KELLI L. SAGER (State Bar No. 120162) kellisager@dwt.com 6 ALONZO WICKERS IV (State Bar No. 169454) alonzowickers@dwt.com 7 DAN LAIDMAN (State Bar No. 274482) danlaidman@dwt.com 8 DIANA PALACIOS (State Bar No. 290923) dianapalacios@dwt.com 5 9 Attorneys for Media Intervenors CABLE NEWS NETWORK, INC. ("CNN"); CBS BROADCASTING INC.; CBS 11 INTERACTIVE INC.; TRIBUNE PUBLISHING COMPANY; NBCUNIVERSAL MEDIA, LLC; 12 ABC, INC.; THE NEW YORK TIMES COMPANY; and WP COMPANY LLC D/B/A 13 THE WASHINGTON POST 10 14 UNITED STATES DISTRICT COURT 15 SOUTHERN DISTRICT OF CALIFORNIA 16 17 ART COHEN, Individually and on Behalf of All Others Similarly Situated, 18 Plaintiff, 19 vs. 20 DONALD J. TRUMP, 21 Defendant. 22 Case No. 3:13-cv-02519-GPC-WVG DECLARATION OF DIANA PALACIOS IN SUPPORT OF MOTION OF MEDIA INTERVENORS TO INTERVENE AND FOR AN ORDER MODIFYING STIPULATED PROTECTIVE ORDER; EXHIBITS A-E. Judge: Date: Courtroom: Time: 23 24 25 Hon. Gonzalo P. Curiel June 30, 2016 2D 1:30 p.m. [Notice of Motion and Memorandum of Points and Authorities Filed Concurrently] 26 27 28 DECLARATION OF DIANA PALACIOS DWT 29442545v2 0026517-000166 Case 3:13-cv-02519-GPC-WVG Document 233-2 Filed 06/10/16 Page 2 of 5 DECLARATION OF DIANA PALACIOS 1 2 I, Diana Palacios, declare and state as follows: 3 1. I am an attorney admitted to practice before all the courts of the State of 4 California and before this Court. I am an associate in the law firm of Davis Wright 5 Tremaine LLP ("DWT"), and I am one of the attorneys representing the Media 6 Intervenors, Cable News Network, Inc. ("CNN"); CBS Broadcasting Inc.; CBS 7 Interactive Inc.; Tribune Publishing Company; NBCUniversal Media, LLC; ABC, 8 Inc.; The New York Times Company; and WP Company LLC d/b/a The Washington 9 Post (collectively "Media Intervenors") in this matter. The matters stated below are 10 true of my own personal knowledge except those matters stated on information and 11 belief, which I believe to be true. 12 2. Attached as Exhibit A are true and correct copies of news articles about 13 Defendant Donald J. Trump's business record and qualifications to be president. I 14 downloaded these items from the Internet at the addresses indicated on May 2, 2016: 15 a) Jeremy Diamond, "Donald Trump jumps in: The Donald's latest White 16 House run is officially on," CNN (June 17, 2015), available at 17 http://www.cnn.com/2015/06/16/politics/donald-trump-2016- 18 announcement-elections/index.html. 19 b) Eric Bradner and Catherine Treys, "Romney implores: Bring down 20 Trump," CNN (March 3, 2016), available at 21 http://www.cnn.com/2016/03/03/politics/mitt-romney-presidential-race- 22 speech/. 23 c) Josh Hafner, "Trump doesn't own most of the 'Trump' products he 24 bragged about this week," USA Today (March 9, 2016), available at 25 http://www.usatoday.com/story/news/politics/onpolitics/2016/03/09/tru 26 mp-wines-steak-magazine/81541132/. 27 28 1 DECLARATION OF DIANA PALACIOS DWT 29442545v2 0026517-000166 Case 3:13-cv-02519-GPC-WVG Document 233-2 Filed 06/10/16 Page 3 of 5 1 3. Attached as Exhibit B are true and correct copies of news articles about 2 Trump University, this litigation, and the Trump Depositions. I downloaded these 3 items from the Internet at the addresses indicated on April 27, 2016: 4 a) Julianna Goldman and Laura Strickler, "Documents reveal what Trump 5 actually said about his university," CBS News (March 7, 2016), 6 available at http://www.cbsnews.com/news/elections-2016-donald- 7 trump-university-lawsuits-court-documents-instructors/. 8 9 b) Chris Isidore, "What Donald Trump said under oath about Trump Universities," CNNMoney (March 4, 2016), available at 10 http://money.cnn.com/2016/03/04/news/companies/trump-university- 11 donald-trump-under-oath/index.html. 12 c) Kristina Davis, "Woman wants out of lawsuit against Trump University, 13 but Trump's lawyers say no," The Los Angeles Times (March 27, 2016), 14 available at http://www.latimes.com/local/education/la-me-trump- 15 university-20160312-story.html. 16 d) Michael Barbaro and Steve Eder, "At Trump University, Students 17 Recall Pressure to Give Positive Reviews," The New York Times 18 (March 11, 2016), available at 19 http://www.nytimes.com/2016/03/12/us/politics/donald-trump-trump- 20 university.html. 21 e) Tom Hamburger, Rosalind S. Helderman & Alice Crites, "What Trump 22 said under oath about the Trump University fraud claims -- just weeks 23 ago," The Washington Post (Mar. 3, 2016), 24 https://www.washingtonpost.com/news/post- 25 politics/wp/2016/03/03/what-trump-said-under-oath-about-the-trump- 26 university-fraud-claims-just-weeks-ago/. 27 28 2 DECLARATION OF DIANA PALACIOS DWT 29442545v2 0026517-000166 Case 3:13-cv-02519-GPC-WVG Document 233-2 Filed 06/10/16 Page 4 of 5 1 4. Attached as Exhibit C are true and correct copies of news articles about 2 Trump University. I downloaded these items from the Internet at the addresses 3 indicated on April 27, 2016: a) Ian Shapira, "In Downturn, Aspiring Moguls Turn to Trump U. for 4 5 Wisdom," The Washington Post (Sept. 26, 2009), 6 http://www.washingtonpost.com/wp- 7 dyn/content/article/2009/09/25/AR2009092502307.html. b) Michael Barbaro, "New York Attorney General Is Investigating 8 Trump's For Profit School," The New York Times (May 19, 2011), 9 10 available at http://www.nytimes.com/2011/05/20/nyregion/trumps-for- 11 profit-school-said-to-be-under-investigation.html. c) Julianna Goldman and Laura Strickler, "For some, 'big time net loss' 12 13 after attending Trump University," CBS News, (Sept. 24, 2015), 14 available at http://www.cbsnews.com/news/trump-university- 15 investigation-unresolved-lawsuits/. 16 5. Attached as Exhibit D are true and correct copies of news articles about 17 Defendant defending Trump University, which I downloaded from the Internet at the 18 address indicated on April 27, 2016: 19 a. Eugene Scott, "Trump defends Trump University, says students 20 loved it," CNN (March 3, 2016), available at 21 http://www.cnn.com/2016/03/03/politics/donald-trump-university- 22 ads-lawsuit/index.html. 23 b. Chris Isidore, "Woman who sued Trump University wants out of 24 case," CNNMoney (March 11, 2016), available at 25 http://money.cnn.com/2016/03/11/news/companies/trump-university- 26 donald-trump-tarla-makaeff/index.html /. 27 28 3 DECLARATION OF DIANA PALACIOS DWT 29442545v2 0026517-000166 Case 3:13-cv-02519-GPC-WVG Document 233-2 Filed 06/10/16 Page 5 of 5 1 6. Attached as Exhibit E are true and correct copies of the following 2 articles, which I downloaded from the Internet at the address indicated on May 30, 3 2016 and June 8, 2016: 4 a. Tom Hamburger, "Judge bashed by Trump orders release of 5 company records," The Washington Post (May 28, 2016), available 6 at https://www.washingtonpost.com/politics/judge-orders-release-of- 7 internal-trump-university-documents/2016/05/28/2e960e5e-24f9- 8 11e6-8690-f14ca9de2972_story.html. 9 b. Jeanne Sahadi and Karen McGowan, "Donald Trump still battling 10 lawsuits from defunct Trump University," CNNMoney (July 24, 11 2015), available at http://money.cnn.com/2015/07/24/news/donald- 12 trump-university-lawsuit/. 13 I declare under penalty of perjury under the laws of the United States of 14 America that the foregoing is true and correct, and that this declaration was executed 15 this 10th day of June 2016, at Los Angeles, California. 16 /s/ Diana Palacios Diana Palacios 17 18 19 20 21 22 23 24 25 26 27 28 4 DECLARATION OF DIANA PALACIOS DWT 29442545v2 0026517-000166 Case Document 233-3 Page-.1 of13f - 5/1/2016 Donald Trump is running for president in 2016 - CNNPolitics.com Case 3:13-cv-02519-GPC-WVG Document 233-3 Filed 06/10/16 Page 2 of 13 Donald Trump jumps in: The Donald's latest White House run is o??cially on By Jeremy Diamond, CNN ? Updated 11:07 AM ET, Wed June 17, 2015 Donald Trump will appear on "State of the Union with Jake Tapper" this Sunday at 9 a.m. EDT. New York (CNN) -- Donald Trump finally took the plunge. The real estate mogul and TV reality star launched his presidential campaign Tuesday, ending more than two decades of persistent flirtation with the idea of running for the Oval O??ce. "So, ladies and gentlemen, I am o??cially running for president of the United States, and we are going to make our country great again," Trump told the crowd in a lengthy and meandering 45-minute speech that hit on his signature issues like currency manipulation from China and job creation, while also taking shots at the president and his competitors on the Republican side. "Sadly the American dream is dead," Trump said at the end of his speech. "But if I get elected president I will bring it back bigger and better and stronger than ever before." Just over four years after he came closer than ever to launching a campaign before bowing out, Trump made his announcement at the lavish Trump Tower on Fifth Avenue in New York, laying out a vision to match his incoming campaign slogan, "Make America Great Again." The 68-story tower venue Trump used Tuesday was more than just the backdrop to Trump's presidential announcement, instead becoming a physical embodiment of what Trump is bringing to the table and the challenges he'll face as he formally enters politics: it's both a sign of his overwhelming success in business and, as the site of the famous "Apprentice" boardroom, a symbol of the reality TV label he'll struggle to shake o??. The Tower, also home to "The Apprentice" television shows, crystallized the challenge Trump faces as he looks to win over voters. ? 21 photos: Donald Trump in the public eye Many Americans now view him primarily as a reality TV star after 14 seasons of his "Apprentice" series, and his numerous flirtations with a presidential run -- first in 1987, then 1999 and again in 2004, 2008 and most recently in 2011 -- have left voters eye-rolling as he prompted yet another round of will-he or won't-he speculation. Trump has already billed himself as the "most successful person ever to run for the presidency, by far," pointing out even that he owns a "Gucci store that's worth more than Romney." That Gucci store wasn't far as Trump made his announcement -- it's located in the lobby of the Trump Tower. ? But Trump showed Tuesday that he won't shy away from the out-of-reach luxury and opulence that makes up his dayto-day lifestyle. Instead, he flaunted his wealth and success in business as a centerpiece of his presidential platform, and he began that o??cially on Tuesday, trumpeting his whopping $8.7 billion net worth during his announcement speech. Trump's net worth was previously estimated at roughly $4 billion. "That's the kind of thinking our country needs," Trump said after reading o?? his net worth, to the thousandth dollar. Related Video: Donald Trump's best lines during his 2016 speech 02:11 He pointed out that his wealth and successful business career not only qualified him to be president -- "I will be the greatest jobs president that God ever created." -- but that it would allow him to rid himself of the special interests that he said control American politics. That's because the billionaire said he would self-fund his presidential campaign, not only ridding himself of some outside influences, but also freeing up more time to campaign as candidates can often spend about half their time raising funds to keep their campaign co??ers from depleting. "I'm really rich," Trump said, adding that his confident attitude is what the country needs after having "losers" run the country. Trump's press aide released a one-page summary of his assets and liabilities on Tuesday and Trump pledged to release the full financial disclosure, including income tax returns, required by the Federal Election Commission before the first debate. Trump's wealth and results-driven success is business is part of what he hopes will be his appeal to voters as he looks to set himself apart from career politicians. "I've watched the politicians, I've dealt with them all my life," Trump said. "They will never make America great again. They don't even have a chance." It's his confidence that business associates say has made him the successful mogul he is today. "He has the guts and the balls," said Roberto Bezjon, a Trump Organization board member and owner of a high-end New York hair salon located in a Trump building. "He's a straight shooter." Supporters gathered for the announcement had the same impression. Many of them were either several-time supporters of Trump's past flirtations with elected o??ce or small business owners in New York who said they were confident Trump would be a boon for the economy. Supporters donning "Make America Great Again" T-shirts -- several of them boisterous and interjecting loudly in the middle of Trump's speech -- shu??ed up golden elevators to watch from two stories up. Outside, campaign volunteers flagged down pedestrians to hand them the campaign T-shirts and invite them inside for the announcement. The spectators got a flavor for the type of candidate Trump plans to become -- one who shoots from the hip and doesn't care for a script -- and the ideas he'll promote. Trump called for everything from new infrastructure ("We're becoming a third world country!") to erecting a massive fence on the border with Mexico -- which he said he would have Mexico pay for -- to the need for a thorough plan to defeat ISIS. And the man himself was always at the center of Trump's ideas: "No one would be tougher on ISIS than Trump," he said, referring to himself in the third person. http://www.cnn.com/2015/06/16/politics/donald-trump-2016-announcement-elections/ Exhibit A; 1 of 12 1/2 5/1/2016 Donald Trump is running for president in 2016 - CNNPolitics.com Case 3:13-cv-02519-GPC-WVG Document 233-3 Filed 06/10/16 Page 3 of 13 "No one would be tougher on ISIS than Trump," he said, referring to himself in the third person. "We need a truly great leader," he said earlier, before pointing several times to his skills as a negotiator. But it's not clear whether Americans are ready yet to give Trump a chance to become that leader. In recent polls, more than half of Republicans said they had a negative view of him -- a tough spot to start a campaign. He and his aides remain confident, though, that voters will take Trump seriously after he has now made his intentions clear and announces he's running. "We can change that dynamic in 15 seconds by Mr. Trump sending out a press release saying he's running for president," Trump's top political adviser Corey Lewandowski said before the speech. "Mr. Trump's single biggest detriment is that people don't think he's going to run." ? 6 photos: Who's running for president? But over the past several months, Trump has ramped up his political activity, making key sta?? hires in the early states of Iowa, New Hampshire and South Carolina -- including the political strategist who drove former Sen. Rick Santorum to a surprise victory in the Iowa caucus in 2012. And even as he becomes the 12th candidate to throw his hat into a ring that will become even more crowded before the first televised debate in August, Trump could find himself grinning on Fox News along with the rest of the top 10 candidates who made the cut. Fox is limiting participation in the first debate to the top 10 GOP contenders based on national polling, and Trump is just on the edge based on the latest polls. He tied for 10th place with 3% in the latest CNN/ORC poll earlier this month and earned 4% in both the most recent Fox News and Washington Post/ABC News polls -coming in 10th and tied for ninth, respectively. That puts Trump right in line with would-be-rivals like Santorum, New Jersey Gov. Chris Christie and former New York Gov. George Pataki -- and above hopefuls like Sen. Lindsey Graham of South Carolina and Louisiana Gov. Bobby Jindal. Trump will look to escape that grouping as he challenges conventional political notions of nominating a presidential candidate who's held elected o??ce, instead calling for an end to the politics he says are heavy on talk and light on action. Trump is no stranger to either, though. He famously fanned the flames of the "birther" movement and today takes credit for President Barack Obama's decision to release his birth certificate -- which Trump said this year at CPAC hasn't completely quelled his concerns. And he won't mince words when it comes to his GOP foes, either. And he may take the opportunity to draw a contrast with former Florida Gov. Jeb Bush, who formally announced his candidacy just a day before Trump's announcement. Trump said earlier this year in Iowa: "The last thing we need is another Bush." Follow @CNNpolitics CNN's Sophie Tatum contributed to this report. We'd like to hear from you x We are interested in your feedback and would appreciate it if you would answer a few questions about your experience today. Give Feedback NASA maps Zika's potential spread in U.S. Fort Bragg soldier charged with rape of fellow soldier Demonstrators storm California GOP convention to protest Trump Trump: An Indiana win will seal nomination http://www.cnn.com/2015/06/16/politics/donald-trump-2016-announcement-elections/ Exhibit A; 2 of 12 2/2 5/2/2016 Mitt Romney: Donald Trump is a 'phony, a fraud' - CNNPolitics.com Case 3:13-cv-02519-GPC-WVG Document 233-3 Filed 06/10/16 Page 4 of 13 2016 ELECTION Romney implores: Bring down Trump By Eric Bradner and Catherine Treyz, CNN ? Updated 4:40 PM ET, Thu March 3, 2016 Story highlights The 2012 Republican nominee spoke at 11:30 a.m. ET on Thursday at the University of Utah's Hinckley Institute of Politics Forum Mitt Romney has stepped up his criticism of Donald Trump in recent days (CNN) -- Mitt Romney delivered a sweeping broadside against Donald Trump on Thursday, laying into the Republican presidential front-runner with a sharper attack than any of the party's 2016 contenders have made against the billionaire business mogul. "Here's what I know: Donald Trump is a phony, a fraud," Romney said. "His promises are as worthless as a degree from Trump University. He's playing members of the American public for suckers: He gets a free ride to the White House, and all we get is a lousy hat." Romney said that "dishonesty is Donald Trump's hallmark," pointing to his "bullying, the greed, the showing oI, the misogyny, the absurd third-grade theatrics." There's irony in Romney's speech: Just four years ago, he courted Trump's endorsement -- even after Trump had led the "birther" controversy against President Barack Obama, insisting that Obama release his birth certificate to prove he is an American citizen. Trump returns fire Trump hit back by mocking Romney's 2012 loss at a campaign rally in Portland, Maine -- pointing to Romney's eIorts to secure Trump's endorsement. "He was begging for my endorsement. I could have said, 'Mitt, drop to your knees' -- he would have dropped to his knees," he said. He said of 2012: "That was a race, I have to say, folks, that should have been won ... I don't know what happened to him. He disappeared. He disappeared. And I wasn't happy about it, I'll be honest, because I am not a fan of Barack Obama, because I backed Mitt Romney -- I backed Mitt Romney. You can see how loyal he is." He said Romney thought about running again in 2016, but "chickened out." READ: Trump: Romney 'would have dropped to his knees' for my endorsement Romney tweeted after his own speech but before Trump's that had the New York businessman made similar statements about the KKK and others in 2012, he would not have accepted the endorsement. "If Trump had said 4 years ago the things he says today about the KKK, Muslims, Mexicans, disabled, I would NOT have accepted his endorsement." http://www.cnn.com/2016/03/03/politics/mitt-romney-presidential-race-speech/ Exhibit A; 3 of 12 1/9 5/2/2016 Mitt Romney: Donald Trump is a 'phony, a fraud' - CNNPolitics.com Case 3:13-cv-02519-GPC-WVG Document 233-3 Filed 06/10/16 Page 5 of 13 Mitt Romney @ MittRomney Follow If Trump had said 4 years ago the things he says today about the KKK, Muslims, Mexicans, disabled, I would NOT have accepted his endorsement 11:13 AM - 3 Mar 2016 18,482 31,366 Cruz, Kasich and Rubio But now Romney, the 2012 GOP nominee, is attempting to play the role of party elder during a speech at the University of Utah. He said any of the party's other candidates -- Florida Sen. Marco Rubio, Texas Sen. Ted Cruz and Ohio Gov. John Kasich -- would be suitable choices. He also amplified the stakes of the election, arguing that a Hillary Clinton presidency would be damaging, as well. The remarkable speech reflected the splintering of the Republican Party, as party leaders and statesmen increasingly rebuke their front-runner. Romney didn't endorse a candidate -- saying that, due to the party's delegate apportionment process, he'd vote for Rubio in Florida or Kasich in Ohio, if he lived in any of those states, when they vote on March 15. It was, in eIect, an argument for a contested convention, which would come only if Trump couldn't win enough delegates to capture the nomination on the first ballot. http://www.cnn.com/2016/03/03/politics/mitt-romney-presidential-race-speech/ Exhibit A; 4 of 12 2/9 5/2/2016 Mitt Romney: Donald Trump is a 'phony, a fraud' - CNNPolitics.com Case 3:13-cv-02519-GPC-WVG Document 233-3 Filed 06/10/16 Page 6 of 13 ? Romney: Trump's promises are worthless 01:37 "If the other candidates can find common ground, I believe we can nominate a person who can win the general election and who will represent the values and policies of conservatism," he said. Trump, meanwhile, is winning over working-class whites and evangelical voters who are angry with Washington's political class -- breaking turnout records in primaries along the way. READ: Trump to react to Romney at Maine event with LePage Despite Romney's scathing speech, there are few signs it will dissuade Trump's loyal core of supporters who so far have greeted his most eyebrow-raising antics with swelling support. National security threat Nonetheless, Romney lambasted Trump on foreign policy, casting him as "very, very not-smart" in his comments about allowing ISIS to take out Syria's leadership and for proposing the slaughter of the families of terrorists. "Mr. Trump is directing our anger for less-than-noble purposes. He creates scapegoats in Muslims and Mexican immigrants. He calls for the use of torture. He calls for the killing of innocent children and family members of terrorists. He cheers assaults on protestors," he said, adding that Trump would trample First Amendment protections. Romney also said Trump's remarks on CBS' "60 Minutes" on Syria and ISIS "has to go down as the most ridiculous and dangerous idea of the campaign season: Let ISIS take out Assad, he said, and then we can pick up the remnants." "Think about that: Let the most dangerous terror organization the world has ever known take over a country? This is recklessness in the extreme," Romney http://www.cnn.com/2016/03/03/politics/mitt-romney-presidential-race-speech/ said. Exhibit A; 5 of 12 3/9 5/2/2016 Mitt Romney: Donald Trump is a 'phony, a fraud' - CNNPolitics.com Case 3:13-cv-02519-GPC-WVG Document 233-3 Filed 06/10/16 Page 7 of 13 country? This is recklessness in the extreme," Romney said. Trump prebuttal Even before Romney spoke, Trump kicked oI an anti-Romney social media tirade late Wednesday night, posting a Facebook video accusing the former Massachusetts governor of being soft on cornerstone conservative issues, including immigration and abortion. Mitt Romney Not Conservative Posted by Donald J. Trump 1,594,814 Views Then he knocked Romney on social media Thursday morning ahead of the speech. The business mogul, who himself has changed positions on abortion, continued hitting Romney and the Republican establishment Thursday morning in a series of tweets. "I have brought millions of people into the Republican Party, while the Dems are going down. Establishment wants to kill this movement!" Trump tweeted. http://www.cnn.com/2016/03/03/politics/mitt-romney-presidential-race-speech/ Exhibit A; 6 of 12 4/9 5/2/2016 Mitt Romney: Donald Trump is a 'phony, a fraud' - CNNPolitics.com Case 3:13-cv-02519-GPC-WVG Document 233-3 Filed 06/10/16 Page 8 of 13 Donald J. Trump Follow @ realDonaldTrump I have brought millions of people into the Republican Party, while the Dems are going down. Establishment wants to kill this movement! 3:30 AM - 3 Mar 2016 7,180 23,841 McCain mocking Romney also mocked Trump's failed business ventures, pointing to his airline, his casino bankruptcies and more, and attacked his sexual indiscretions, too. Nightcap: Ben Carson heads for the exit as Mitt Romney takes aim at Donald Trump | Sign up ? Mitt Romney on Trump: 'A business genius he is not' 01:49 "There's a dark irony in his boasts of his sexual exploits during the Vietnam war, while at the same time, John McCain, who he has mocked, was in prison being tortured," he said As soon as Romney wrapped up, McCain, the Arizona senator who was the 2008 GOP nominee, said he agreed. "I share the concerns about Donald Trump that my http://www.cnn.com/2016/03/03/politics/mitt-romney-presidential-race-speech/ Exhibit A; 7 of 12 friend and former Republican nominee, Mitt Romney, 5/9 5/2/2016 Mitt Romney: Donald Trump is a 'phony, a fraud' - CNNPolitics.com Case 3:13-cv-02519-GPC-WVG Document 233-3 Filed 06/10/16 Page 9 of 13 "I share the concerns about Donald Trump that my friend and former Republican nominee, Mitt Romney, described in his speech today. I would also echo the many concerns about Mr. Trump's uninformed and indeed dangerous statements on national security issues that have been raised by 65 Republican defense and foreign policy leaders," McCain said in a statement. MORE: Conservative national security experts condemn Trump McCain, citing a letter penned by conservative national security experts published Wednesday night, added, "I want Republican voters to pay close attention to what our party's most respected and knowledgeable leaders and national security experts are saying about Mr. Trump, and to think long and hard about who they want to be our next commander-in-chief and leader of the free world." Unprecedented speech The extraordinary eIort by Romney to take down the Republican front-runner comes amid a last-ditch rush among the party's donors and loyalists to stop Trump from capturing the nomination. After the remarks, Kasich tweeted, "Well said, @MittRomney." John Kasich @ JohnKasich Follow Well said, @MittRomney. -John 8:50 AM - 3 Mar 2016 883 1,438 His attack on Trump was an amalgamation of all of the attacks that other candidates and party members have made in recent weeks. One of his top aides in the 2012 race, Katie Packer, is heading a super PAC that is launching attack ads against Trump. Another super PAC and the hardline conservative Club for Growth are also airing ads critical of Trump. It could be too late: Trump has already won 10 of the first 15 states to vote, and he has a clear lead nationally over Rubio and Cruz. http://www.cnn.com/2016/03/03/politics/mitt-romney-presidential-race-speech/ Exhibit A; 8 of 12 6/9 5/2/2016 Mitt Romney: Donald Trump is a 'phony, a fraud' - CNNPolitics.com Case 3:13-cv-02519-GPC-WVG Document 233-3 Filed 06/10/16 Page 10 of 13 nationally over Rubio and Cruz. Romney cast the coming months' elections as a crucial moment in history, citing Ronald Reagan and saying that this nominating contest is "a time for choosing" -- laying waste along the way to Reagan's fabled "11th Commandment" that Republicans not speak ill of other Republicans. Meeting with Ryan Adding to the intrigue: Romney's 2012 vice presidential running mate House Speaker Paul Ryan had a private dinner with Romney in Salt Lake City Utah last weekend, CNN has learned. The dinner occurred while Ryan was on a trip out West to help campaign for House candidates, an aide said. But the aide maintained that the speaker only learned last night that Romney was planning to deliver a speech strongly criticizing Trump. At his weekly press conference that happened at the same time as Romney's blistering attack on Trump, Ryan was asked about any talks he's had with Romney and the 2012 GOP's nominee's message about Trump, but he said he hadn't "seen the content of the speech." "Mitt Romney is one of our party leaders, and he cares deeply about the future of the Republican party and the country," Ryan said, adding that "Mitt and I are very close friends." ? Romney: Dishonesty is Trump's hallmark 01:55 Failed businessman In his speech, Romney called Trump's policy proposals "flimsy, at best," and said he'd trigger a trade war, drive up the deficit and lead the nation into a recession. http://www.cnn.com/2016/03/03/politics/mitt-romney-presidential-race-speech/ Exhibit A; 9 of 12 7/9 5/2/2016 Mitt Romney: Donald Trump is a 'phony, a fraud' - CNNPolitics.com Case 3:13-cv-02519-GPC-WVG Document 233-3 Filed 06/10/16 Page 11 of 13 drive up the deficit and lead the nation into a recession. "Even though Donald Trump has oIered very few specific economic plans, what he has said is enough to know that he would be very bad for American workers and American families," he said. "Now I know you say, 'Isn't he a huge business success, and doesn't he know what he's talking about?' No he isn't, and no he doesn't. His bankruptcies have crushed small businesses and their workers. He inherited his business; he didn't create it," Romney said. Romney also pointed to Trump's exchange about white supremacists with CNN's Jake Tapper last Sunday on "State of the Union" as a general election liability. "The video of the infamous Tapper-Trump exchange on the Ku Klux Klan will play 100,000 times on cable and who knows how many billion times on social media," he said. While you were away: Catch up on the weekend's top stories Carly Fiorina praises Hillary Clinton in 2008 video Sanders campaign drops lawsuit against DNC over voter database breach White House Correspondents' Dinner red carpet http://www.cnn.com/2016/03/03/politics/mitt-romney-presidential-race-speech/ Exhibit A; 10 of 12 8/9 Case 3:13-cv-02519-GPC-WVG Document 233-3 Filed 06/10/16 Page 12 of 13 Trump doesn't own most of the 'Trump' products he bragged about this week Josh Hafner (http://www.usatoday.com/staff/10046646/josh-hafner/), USA TODAY 5:48 p.m. EST March 9, 2016 So last week Mitt Romney mocked Donald Trump as a failed businessman, rattling off a string of Trump-branded ventures you may or may not remember: "And whatever happened to Trump Airlines? How about Trump University?," Romney said (/story/news/politics/onpolitics/2016/03/03/donald-trump-mitt-romney/81284932/). "And then there's Trump Magazine and Trump Vodka and Trump Steaks, and Trump Mortgage? A business genius he is not." At his press conference Tuesday night, Trump stood next to a table laden with Trump goods including raw steaks, wine and bottled water. After winning two states' primaries that night (/story/news/politics/elections/2016/03/08/trump-cruz-rubio-kasich-michigan- mississippi-idaho-hawaii/81482564/), the businessman launched into a defense of his many eponymous products. "I have very successful companies," Trump said from inside the Trump National Golf Club in Jupiter, Fla. Except, as NPR found (http://www.npr.org/2016/03/09/469775355/trump-doesnt-own-most- of-the-products-he-pitched-last-night? utm_source=facebook.com&utm_medium=social&utm_campaign=npr&utm_term=nprnews&utm_content=20160309), Trump doesn't own most of the products he flaunted Tuesday night. And some haven't been available for years. The Trump steaks presented at the event, which the candidate said cost "about, what, 50 bucks a steak," were not actually a Trump brand but instead looked to come from a company called "Bush Brothers (https://twitter.com/GPollowitz/status/707370531293634560?ref_src=twsrc%5Etfw)" (heh heh (http://i.telegraph.co.uk/multimedia/archive/03342/jeb-2_3342550b.jpg)). In fact, Sharper Image, through which Trump steaks were sold, lists them as "no longer available (http://www.sharperimage.com/si/view/product/Trump+Steaks/888888)." A similar scenario seemed to repeat itself with other products Trump flaunted that night, NPR noted: Trump Wine, which Trump claimed he owned "100%, no mortgage, no debt" claims on its website (http://www.trumpwinery.com/legal/) that it's "not owned, managed or affiliated with Donald J. Trump" but is instead registered to Trump's son, Eric. Trump Magazine, which Trump recalled reading earlier this week, went out of circulation in 2009 (http://www.nydailynews.com/news/politics/remembering-failed-wealth-porn- trump-magazine-article-1.2528638). Labels on Trump Water, "a private little water company," per Trump, say they're bottled by Village Springs Corporation (http://www.npr.org/2016/03/09/469775355/trump-doesnt- own-most-of-the-products-he-pitched-last-night? utm_source=facebook.com&utm_medium=social&utm_campaign=npr&utm_term=nprnews&utm_content=20160309) out of Connecticut. The candidate admitted he no longer owned a Trump Airline, which he said he sold in "a phenomenal deal." According to NBC News (http://www.nbcnews.com/news/us- news/donald-trump-s-failed-business-ventures-are-back-spotlight-n531906), it defaulted Exhibit A; 11 of 12 Case 3:13-cv-02519-GPC-WVG Document 233-3 Filed 06/10/16 Page 13 of 13 after too much debt and was bought by USAir. "So I wanted to put that to rest: So you have the water, you have the steaks, you have the airline that I sold. I mean, what's wrong with selling?" he said. Learn more about Trump's branded products at NPR (http://www.npr.org/2016/03/09/469775355/trump-doesnt-own-most-of-the-products-he- pitched-last-night? utm_source=facebook.com&utm_medium=social&utm_campaign=npr&utm_term=nprnews&utm_content=20160309). Follow Josh Hafner on Twitter: @joshhafner (https://twitter.com/joshhafner) USA TODAY Then vs. now: How Trump and Romney's relationship soured since 2012 (http://www.usatoday.com/story/news/politics/onpolitics/2016/03/03/donald-trump-mitt- romney/81284932/) Read or Share this story: http://usat.ly/1p8FldP Exhibit A; 12 of 12 - Case Document 233?4 Pag?f.1_ cf? 25- -- - i. Court documents reveal what Trump actually said about his university - CBS News Case 3:13-cv-02519-GPC-WVG Document 233-4 Filed 06/10/16 Page 2 of 25 Search CBS News / CBS Evening News / CBS This Morning / 48 Hours / 60 Minutes / Sunday Morning / Face The Nation / CBSN / Morning Rounds Note to Self Green Room Saturday More Trending Videos The Rundown CBSN LIVE >> CBS This Morning Trump sweeps 5 states, says he's "presumptive nomi... CBS This Morning Clinton reaches out to Sanders voters after winnin... CBS This Morning Impact of Trump and By JULIANNA GOLDMAN, LAURA STRICKLER / CBS NEWS / March 7, 2016, 7:46 AM / Documents reveal what Trump actually said about his university Follow Us From CBS News Is drug cartel behind execution-style murder of Ohio family? 370803 VIEWS 1.6K Comments / 2.4K Shares / Tweet / Stumble / Email / Republican groups fighting Donald Trump are trying everything to derail the front-runner, including airing ads targeting Trump University. The program sold nearly 7,000 students on learning the billionaire's real estate secrets, but the school began winding down in 2010. More than 150 former students allege it was Songs you didn't know Prince wrote 245750 VIEWS Exhibit B; 1 of 24 http://www.cbsnews.com/news/elections-2016-donald-trump-university-lawsuits-court-documents-instructors/[4/27/2016 12:54:53 PM] Court documents reveal what Trump actually said about his university - CBS News Case 3:13-cv-02519-GPC-WVG Document 233-4 Filed 06/10/16 Page 3 of 25 a fraud. Three lawsuits have been filed, one $40 million case in New York brought by the state's attorney general and two class action suits in California. Trump University began in 2004 with online courses and in 2007 it started offering live events across the country as seminars in hotel ballrooms. There was a three-day, $1,500 course where students were urged to sign up for a $35,000 mentorship program. For some, "big time net loss" after attending Trump University Donald Trump scolded for remarks about Trump University lawsuit judge Did Mexican drug cartel carry out Ohio family murders? 243397 VIEWS Obama on why the U.S. won't "destroy North Korea" 234140 VIEWS In a tweet yesterday defending the school, Trump pointed to a 98 percent satisfaction rate, but court documents show that nearly 40 percent of the students who signed up for the three-day seminar or more received a refund. Trump's critics say the next week is critical to stopping the Republican frontrunner, and they're betting Trump University is their best weapon. Wildlife flourishes in Chernobyl 181337 VIEWS "I could have settled it, I think, pretty easy, I don't like settling cases," Trump said on "Face the Nation." But by refusing to settle, Trump has opened the door to attacks at the peak of his presidential bid and distractions on the campaign trail -- like the 10 hours in December and January he spent in closed-door depositions for the two classaction lawsuits. Court documents reveal that attorneys for the other side zeroing in on Trump's claim, as seen in a promotional video, that he chose all the instructors. "If you don't learn from the people that we're going to be putting forward, and these are all people who areTHE handpicked by me," Trump said in the commercial. ALL NEW CBS News App We'll Bet You Can't Stay Just Once One stay at a Best Western hotel and you're hooked. Guests enjoy rooms with a view, great value and unbeatable service...and so will you. Here's why. Get the App But confronted with questions about the instructors' lack of real estate experience, Sponsored by Best Western redesigned. Featuring Trump acknowledged "he lookedFully at resumes and things but didn't CBSN, pick the 24/7 live news. speakers" and some "slipped through the cracks." Watch CBSN Live He was repeatedly pressed on one instructor CBS News told you about back in September, James Harris. Trump said he didn't know who he was and said, "I wasn't running it." Play VIDEO Trump faces lawsuits from former Trump University students Harris told CBS News he was a motivational speaker paid on commission to sell additional Trump training. At least 17 students complained about Harris in affidavits. "Trump University is something that I've thought about for a long time. I didn't want to put my name on anything having to do with education unless it was going to be the best," Trump said in a promotional video. In other court documents, former events manager Corinne Sommer wrote that in her experience, "the focus of Trump University was on making sales rather than on providing educational services." Watch CBS News anytime, anywhere with the new 24/7 digital news network. Stream CBSN live or on demand for FREE on your TV, computer, tablet, or smartphone. Watch Now "Some consumers had showed up who were homeless and could not afford the seminars," she wrote. "Yet I overheard Trump University representatives telling them, 'It's ok; just max out your credit card.'" "They said to call the credit card companies and make a request and try not to Exhibit B; 2 of 24 http://www.cbsnews.com/news/elections-2016-donald-trump-university-lawsuits-court-documents-instructors/[4/27/2016 12:54:53 PM] Court documents reveal what Trump actually said about his university - CBS News Case 3:13-cv-02519-GPC-WVG Document 233-4 Filed 06/10/16 Page 4 of 25 take no as an answer," former student Gary Smith said. Smith was sold on the $35,000 package. He initially gave positive reviews but now says that his investment in Trump University was a net loss. "Trump's name, you know, is one that -- at least up until that, I kind of thought that he was reputable," Smith said. Trump's attorney told CBS News that they're looking forward to defending Trump University at trial and he said when the evidence comes out, it will show there was significant value and substance in the program and there will be a lot of people proven wrong. One of the California cases could be brought to trial during the campaign and Trump's attorney also told us that if and when that happens, Trump will take the stand. (C) 2016 CBS Interactive Inc. All Rights Reserved. 1.6K Comments / 2.4K Shares / Tweet / Stumble / Email / Julianna Goldman 23 PHOTOS ON TWITTER >> 50 years of Bond style Julianna Goldman is a CBS News correspondent based in the Washington bureau. The Newsroom Los Angeles Homeowners Are Furious With Their Power Company Unnerving Historical Photos Why Aren't Homeowners In That Will Leave you California Taking Speachless Advantage Of Solar Home Solar Programs Todays Buzz SolarForHomes Sponsored Links by Taboola SHOW 1622 COMMENTS + More CBS This Morning Popular 20 Amazing Things You Never Knew About Prince Todays Buzz Worried About Generating Income in Retirement? - Free ... http://www.cbsnews.com/news/elections-2016-donald-trump-university-lawsuits-court-documents-instructors/[4/27/2016 12:54:53 PM] Exhibit B; 3 of 24 4/27/2016 What Donald Trump said under oath about Trump University - Mar. 4, 2016 Case 3:13-cv-02519-GPC-WVG Document 233-4 Filed 06/10/16 Page 5 of 25 U.S. + Business Markets Tech Media Personal Finance Small Biz Luxury stock tickers What Donald Trump said under oath about Trump University by Chris Isidore @CNNMoney March 4, 2016: 4:17 PM ET ? ? ? ? Social Surge - What's Trending Nintendo announces new console, codenamed 'NX' What is the cloud? Prince had no will, says his sister New York attorney general: Trump University a scam Donald Trump doesn't dispute that 25% of Trump University students demanded their money back, but he says that's not a knock against his real estate school. In fact he said the high refund rate proves the school was "honorable." "I paid millions and millions of dollars in refunds," he said in a Jan. 21 deposition for a federal lawsuit in California brought by ex-students suing the school for fraud. "I mean, frankly, if I would have known that I was going to be in litigation, probably I wouldn't have done it, although it was the honorable thing to do." Trump said he didn't know what percentage of students got refunds. But when the opposing lawyer repeatedly said that the figure was 25%, he didn't challenge it despite the contentious nature of the examination. A spokesperson for the Trump Organization declined to tell CNN what percentage of students received a refund. "Mr. Trump's deposition was simply Plainti s' chance to elicit information in hopes of making a case," Trump's organization said. "It does not contain Mr. Trump's side of the case, which will be presented in court proceedings and which will demonstrate that plainti s' lawsuit has no substance." Trump insists that so many refunds aren't a sign that students were dissatisfied with the school, which charged as much as $36,000 in tuition. He said it was a normal part of doing business, comparable to what a retailer like the Home Shopping Network has to pay. http://money.cnn.com/2016/03/04/news/companies/trump-university-donald-trump-under-oath/ Advertisement Search for Jobs Exhibit B; 4 of 24 Powered by Indeed 1/4 4/27/2016 What Donald Trump said under oath about Trump University - Mar. 4, 2016 Case 3:13-cv-02519-GPC-WVG Document 233-4 Filed 06/10/16 Page 6 of 25 comparable to what a retailer like the Home Shopping Network has to pay. Millions of job openings! Related: Schneiderman says Trump University fraud "pretty straightforward" Job title He even said some of the students who got their money back were happy with the program. Location "I think that's instinctual," he said. "If people think they can get a refund, they're going to ask." Find Jobs He said there were glowing reviews from students. "I actually thought that people were very happy at the school," he said. "I was very surprised [by the criticism] That's why I didn't settle this case, which I could have settled very easily a long time ago." Powered by SmartAsset What's the Lifetime Cost of Your Student Loans? Total Lifetime Cost: STUDENT LOAN CALCULATOR BY When the opposing lawyer asked him if he would be satisfied if one of his hotels gave refunds to 25% of its guests, he dismissed the question. "It doesn't happen. It's a di erent business," he said. "They wouldn't ask for a refund because they wouldn't get it. You wouldn't give a refund on a hotel." Trump was also grilled about the qualifications of the school's instructors, who marketing materials said were "Donald Trump's handpicked instructors." ? Accounting Engineering Developer Finance Management Media Marketing Sales See all jobs Employers / Post a Job jobs by CNNMoney Sponsors NextAdvisor Paid Partner A jaw-dropping 10% cash back card has arrived Related: Donald Trump to be witness in federal case accusing him of fraud But he couldn't identify the instructors when asked to by the opposing lawyer, and admitted he was not involved in hiring them. "I would see resumes," Trump said. But he said the final decision was up to Trump University president Michael Sexton. "I told him...I want very good people," Trump said. But when Trump was asked to watch a tape about what one instructor was telling students, even he questioned the teacher's Trump qualifications. "In watching, it sounded to me like he...embellished his record and he slipped through the cracks," Trump said. Trump University has become a hot-button issue in the Republican presidential campaign with Trump's opponents frequently attacking him on it. 2 credit cards are o ering 0% interest until 2018 10 best balance transfer credit cards for 2016 Top 7 credit cards for those with excellent credit The no-fee business credit card o ering up to 5% cash back Partner O ers Paid Partner CNNMoney (New York) First published March 4, 2016: 11:38 AM ET Paid Content Skin Problems in College Students: Could Stress Levels Be... Recommended by Outbrain Pay O Your House At A Furious Pace If You've Not Missed A... Kelley Blue Book Names Their Favorite New Cars of 2016 http://money.cnn.com/2016/03/04/news/companies/trump-university-donald-trump-under-oath/ Crowdfunding is Changing Real Estate Investing Exhibit B; 5 of 24 2/4 Case 3:13-cv-02519-GPC-WVG Document 233-4 Filed 06/10/16 Page 7 of 25 MOST POPULAR LOCAL SPORTS ENTERTAINMENT SUMMER MOVIES POLITICS OPINION PLACE AN AD j 69? LOCAL Education f t Woman wants out of lawsuit against Trump University, but Trump's lawyers say no Donald Trump in a 2005 photo announcing the establishment of Trump University. (Bebeto Matthews / Associated Press) Exhibit B; 6 of 24 Case 3:13-cv-02519-GPC-WVG Document 233-4 Filed 06/10/16 Page 8 of 25 By Kristina Davis MARCH 12, 2016, 7:00 AM | REPORTING FROM SAN DIEGO L awyers for Republican presidential candidate Donald Trump on Friday contested an Orange County woman's request to withdraw from a lawsuit she filed against Trump University, claiming the entire case was built around her and it would be unfair to the defense for her to bail out now. "We've passed the point of no return," attorney Daniel Petrocelli told U.S. District Judge Gonzalo Curiel in San Diego. ADVERTISEMENT Tarla Makaeff -- one of four class representatives bringing the case against Trump's real estate instruction program -- has asked to be removed from the lawsuit, citing stress and health problems caused by the closely watched case. NEWSLETTER: Get essential California headlines delivered daily >> "I don't think anybody anticipated a year ago where we find ourselves," said Makaeff's lawyer, Rachel Jensen, referring to Trump's status as the GOP front-runner. l Most Popular See the most-read stories this hour >> Makaeff was the subject of a $1-million counterclaim filed by Trump that was later dismissed, and she has been derided on the campaign trail and the Republican debate stage, Jensen said. "She didn't sign up for that. Ms. Makaeff has simply been put through too much," she Exhibit B; 7 of 24 Case 3:13-cv-02519-GPC-WVG Document 233-4 Filed 06/10/16 Page 9 of 25 said. Although she wouldn't be a named class representative, Makaeff is asking to remain among the plaintiffs, so she could collect damages. Makaeff didn't attend the hearing, but her attorneys provided the judge with medical documents. Curiel said he expected to make a decision in the next week or so. Makaeff's lawyers argued that her presence in the case did not matter when it came to proving the claim that Trump University had misrepresented itself to students. In the 2010 lawsuit, students claimed they had paid as much as $35,000 for the courses, which promised to teach them Trump's insider-business secrets. The advertising claimed the instructors and mentors were handpicked by Trump. However, the students said they got little in return and described the courses as more like an infomercial designed to squeeze more money out of them. l Column Deposition testimony by Trump that recently was made public cast doubt as to whether he actually had chosen the instructors. Trump's lawyers have blamed the students for their own lack of success. Donald Trump tried to get me fired after I wrote about Trump University Petrocelli told the judge Friday that it was unheard of for a plaintiff like Makaeff to stick with a case for six years and, when all she had to do was show up for one to two days of testimony, ask to withdraw. He argued that her testimony, evidence and individual claims were the "pillar" of the defense's strategy and what he hoped to use at trial to dismantle the case. "We have to basically start all over again, your honor, if she's dismissed," he said. Makaeff's lawyer said the defense team's legal strategy to put all its eggs into one basket was its own fault, and that there had been ample opportunity to collect evidence and Exhibit B; 8 of 24 Case 3:13-cv-02519-GPC-WVG Document 233-4 Filed 06/10/16 Page 10 of 25 depositions from the other class representatives in the case. The judge considered many what-ifs during the hearing, including whether Makaeff still could be called to testify at trial as an unnamed plaintiff and whether it would help to give the defense more time to take depositions of the others named in the suit. The issue of a looming trial date, which has not yet been set, also was broached and seemed largely to depend on Trump's performance in the presidential race. There already has been an agreement to delay the trial until after the July Republican convention. "I'm going to have a lot to say on this topic if he is the nominee," Petrocelli said. Court documents indicate Trump is expected to testify live. "This would be a zoo if it goes to trial," Petrocelli said. Of three lawsuits against Trump University, Makaeff's case is the closest to trial. Another class action lawsuit is moving forward in San Diego federal court with one plaintiff, Art Cohen, and a third suit is being tried in New York state court. kristina.davis@sduniontribune.com Davis writes for the San Diego Union-Tribune. ALSO After scuffles in Chicago, Trump tells supporters he can unite the country. It's a hard sell Rivals accuse Donald Trump of inciting Chicago violence. He blames Clinton and Sanders How black, Latino and Muslim college students organized to stop Trump's rally in Chicago Get essential California headlines delivered daily. Sign up Exhibit B; 9 of 24 4/27/2016 At Trump University, Students Recall Pressure to Give Positive Reviews - The New York Times Case 3:13-cv-02519-GPC-WVG Document 233-4 Filed 06/10/16 Page 11 of 25 http://nyti.ms/228qgYb ELECTION 2016 At Trump University, Students Recall Pressure to Give Positive Reviews By MICHAEL BARBARO and STEVE EDER MARCH 11, 2016 Robert Guillo gave a glowing evaluation to his instructor at Trump University because, he said, the teacher pleaded for the best possible score, warning that without it, "Mr. Trump might not invite me back to teach again." Jeffrey Tufenkian offered excellent ratings because his Trump University- assigned mentor refused to leave the room until he did so, standing "right in front of me" as he filled out the evaluation form, he said. John Brown tried to give his Trump University teacher a poor review -- but said he was talked out of it by employees of the program, who called him three times, hounding him to raise his original scores. "Tired of the continuing phone calls," he later testified, "I finally gave in." His dismal marks changed to top scores, Mr. Brown said. http://www.nytimes.com/2016/03/12/us/politics/donald-trump-trump-university.html Exhibit B; 10 of 24 1/7 4/27/2016 At Trump University, Students Recall Pressure to Give Positive Reviews - The New York Times Case 3:13-cv-02519-GPC-WVG Document 233-4 Filed 06/10/16 Page 12 of 25 In the sprawling business empire of Donald J. Trump, the real estate classes that bore his name seem to occupy a tiny, insignificant corner. But the controversy and litigation now enveloping them have taken on surprising potency in the Republican presidential campaign that he is dominating. Now, as Mr. Trump tries to fend off claims of misleading and fraudulent practices from scores of former students, claims his opponents have brought up in debates and in ads, his biggest weapon is what appears to be the overwhelmingly positive reviews from past participants -- a 98 percent level of satisfaction, in his telling. "Beautiful statements," is how he describes the evaluations. But hundreds of pages of legal documents, as well as interviews with former students and instructors, suggest the surveys themselves were a central component of a business model that, according to lawsuits and investigators, deceived consumers into handing over thousands of dollars with tantalizing promises of riches. Interviews and documents show that employees of Trump University at times applied pressure on students to offer favorable reviews, instructed them to fill out the forms in order to obtain their graduation certificates, and ignored standard practices used to ensure that the surveys were filled out objectively. "It's absolutely a con," said Mr. Guillo, who spent $36,000 on Trump University classes and later requested a refund. "The role of the evaluations were a defense against any legal actions. They anticipated those actions." At the same time, students and their lawyers have raised doubts about Mr. Trump's claim of 98 percent satisfaction. A website set up to defend Trump University, 98percentapproval.com, has published 10,000 student evaluations, but not all of them were from paying students. They include some from the more than 3,000 free guests that paying participants were encouraged to bring to the classes. More than 2,000 other students never http://www.nytimes.com/2016/03/12/us/politics/donald-trump-trump-university.html Exhibit B; 11 of 24 2/7 4/27/2016 At Trump University, Students Recall Pressure to Give Positive Reviews - The New York Times Case 3:13-cv-02519-GPC-WVG Document 233-4 Filed 06/10/16 Page 13 of 25 made it to the end of their courses -- they sought and received refunds before the end of their classes, as company policy allowed, according to court records. In an interview, a lawyer for Mr. Trump, Daniel M. Petrocelli, said the experience of students who felt manipulated "is not representative of what happened across the board." "Folks were not coerced," he said of the positive evaluations. "It's completely implausible to suggest that the 10,000 reviews from the students and their guests were the result of pressure or coercion. They gave overwhelmingly positive reviews because they were being honest about their assessment." Mr. Trump has vowed to fight the litigation, which includes a class-action lawsuit in San Diego seeking refunds for former Trump University students, and a lawsuit from the New York attorney general. He has said the aggrieved former students are simply looking for easy money after having learned valuable lessons about how to buy and sell real estate, obtain financing and spot undervalued properties. Though the business no longer operates, Mr. Trump has vowed to bring it back, giving it to his children to run if he is elected president. As he campaigns across the country boasting about the Trump University success story, he and his lawyers have deployed the evaluations to try to undercut the claims of former students who say they regret paying for the courses, posting their reviews online and, in one instance, waving them in front of a camera. That was the case with Mr. Guillo, 76, who lives on Long Island and filed an affidavit in the New York case. After the former student criticized Trump University in a campaign commercial for a "super PAC" supporting Senator Marco Rubio, Mr. Trump uploaded a video to YouTube in which he produced a copy of Mr. Guillo's positive evaluation. "All excellent," Mr. Trump said of the http://www.nytimes.com/2016/03/12/us/politics/donald-trump-trump-university.html Exhibit B; 12 of 24 3/7 4/27/2016 At Trump University, Students Recall Pressure to Give Positive Reviews - The New York Times Case 3:13-cv-02519-GPC-WVG Document 233-4 Filed 06/10/16 Page 14 of 25 scores. "One hundred percent." In court papers, a lawyer for Mr. Trump argued that another student suing the university "was either dishonest in his evaluations of Trump University, or the allegations in the complaint are false." By all accounts, student evaluations held a crucial place inside Trump University, where students signed up for real estate training programs with escalating costs that promised to teach the mogul's techniques and wisdom. At free 90-minute introductory sessions, Trump University representatives marketed three-day workshops starting at $995; at those, more intensive programs were pitched, like "Trump Gold Elite," whose price reached $35,000. At the conclusion of every program, teachers instructed attendees to complete surveys, rating the experience on a scale of 1 to 5. But, in what academics and experts said were unusual practices, Trump University did not explicitly offer students anonymity on the forms, often asked them to complete the documents in the presence of instructors and, according to internal Trump University documents made public in litigation, asked students to submit the surveys in exchange for their graduation certificates. "Does the word coercion come to mind?" asked Howard E. Haller, a former Trump University consultant who has worked in the education world for decades. In normal academic settings, he said, "No one knows if you even filled it out. The professor sure doesn't know." Lawyers for Mr. Trump said students could elect not to put their names on the surveys, as some did. But they said the documents did not specify that doing so was an option. Most evaluations, the lawyers added, were handed out by staff members and completed in large classrooms where it was not possible for a teacher to influence the outcome. http://www.nytimes.com/2016/03/12/us/politics/donald-trump-trump-university.html Exhibit B; 13 of 24 4/7 4/27/2016 At Trump University, Students Recall Pressure to Give Positive Reviews - The New York Times Case 3:13-cv-02519-GPC-WVG Document 233-4 Filed 06/10/16 Page 15 of 25 Tad Lignell, a mentor in the more personalized, $35,000 program, said that a number of his students achieved financial success from the lessons he had taught them. But he conceded that the evaluation system made it uncomfortable for students to register their disapproval. Assigned to demonstrate how to buy and sell real estate in places such as Las Vegas, Mr. Lignell routinely asked students to fill out the evaluations in front of him at restaurants or coffee shops, he said in an interview. At that moment, he said, vulnerable students still needed and expected his guidance. " 'I want this guy to be my friend, I need his help,' " he said, summing up their mind-set as they filled out the forms. Virtually all his students, he said, gave him the top rating of 5. Had they not, his income ($5,500 per student, and later $4,500) could have been in jeopardy. He said that Trump University managers made clear that teachers with low ratings would be passed over in favor of those with high scores. "That puts an emphasis on getting 5," he said. "If you wanted more students, you knew you needed those." (Mr. Lignell said that Trump University had failed to pay him for several students; the company's lawyer did not comment on the claim. "If Trump wins the presidency," Mr. Lignell said, "I've got a president who owes me $50,000.") Mr. Tufenkian, who enrolled in the $35,000 "Trump Gold Elite" program with his wife, Sona, to jump-start a career in real estate, said his mentor was adamant that he needed all 5s on his evaluation. "He even said something like, 'I won't leave until you give me all 5s,' " recalled Mr. Tufenkian, who lives in Oregon. "When it was time to fill the http://www.nytimes.com/2016/03/12/us/politics/donald-trump-trump-university.html Exhibit B; 14 of 24 5/7 4/27/2016 At Trump University, Students Recall Pressure to Give Positive Reviews - The New York Times Case 3:13-cv-02519-GPC-WVG Document 233-4 Filed 06/10/16 Page 16 of 25 evaluation out, he put it in front of me -- right between the two of us on the table -- and reiterated that he expected all 5s while he watched me." Mr. Tufenkian, who had just finished a three-day visit with his mentor, said he obliged because the program was supposed to be the start of a productive yearlong relationship. "Am I supposed to upset the guy who's supposed to be helping me be successful?" Not every student felt compelled. In court filings, lawyers for Mr. Trump introduced the testimony of students such as Amy Hinderer, who participated in the "Trump Gold Elite" program. "Every rating I gave my mentor was always positive, and I still agree with what I said to this day," she wrote. Mr. Trump has dismissed the criticism that Trump University's evaluation system encouraged positive reviews. Asked about the lack of anonymity, he said under oath in a January deposition, "I think it's much better when a deposi student puts their name on it." Without names, he said, "they don't mean anything, actually." Pressed on whether students might fear repercussions, Mr. Trump rejected the notion. "Only a lawyer could think of that," Mr. Trump said, continuing, "You mean that's why they said such great things about the school?" He added: "I think they meant it was very good. Until they found out they could get their money back." But experts said such practices were designed to influence the evaluations. "People don't want a fight. People don't want to be mean. People want to be nonconfrontational," said John T. Reed, who was hired as a potential paid expert witness for the plaintiffs in one of the Trump lawsuits, but has no http://www.nytimes.com/2016/03/12/us/politics/donald-trump-trump-university.html Exhibit B; 15 of 24 6/7 4/27/2016 At Trump University, Students Recall Pressure to Give Positive Reviews - The New York Times Case 3:13-cv-02519-GPC-WVG Document 233-4 Filed 06/10/16 Page 17 of 25 current role in the cases. "So they write a seminar evaluation, and hand it in, face-to-face." "That," Mr. Reed added, "is where you get your 98 percent." Find out what you need to know about the 2016 presidential race today, and get politics news updates via Facebook, Twitter and the First Draft newsletter. A version of this article appears in print on March 12, 2016, on page A1 of the New York edition with the headline: Trump Students Cite Push to Give Positive Reviews . (C) 2016 The New York Times Company http://www.nytimes.com/2016/03/12/us/politics/donald-trump-trump-university.html Exhibit B; 16 of 24 7/7 Case 3:13-cv-02519-GPC-WVG Document 233-4 Filed 06/10/16 Page 18 of 25 ? Sections ? ? Post Politics What Trump said under oath about the Trump University fraud claims -- just weeks ago State of the 2016 race ? By Tom Hamburger, Rosalind S. Helderman and Alice Crites Post Politics March 3 ? Exhibit B; 17 of 24 Case 3:13-cv-02519-GPC-WVG Document 233-4 Filed 06/10/16 Page 19 of 25 Republican presidential candidate Donald Trump speaks at a campaign stop in Portland, Maine, on Thursday, March 3, 2016. (AP Photo/Robert F. Bukaty) Donald Trump has claimed he has the "world's greatest memory," but when it came time this winter to give testimony in fraud cases filed against him and a real estate training program known as "Trump University," he displayed a repeated inability to recall names and faces of instructors he had claimed to have hired personally. "I can't remember that," he said on Dec. 10, when asked by trial lawyers in one of the class-action cases whether he had met one of the instructors in a program that provided training in building wealth through real estate. "The name sounds familiar but its too many years," he said when asked about the next name. "Too many years," he answered more than a dozen times. Trump's comments were contained in two previously confidential depositions released late Thursday in a court filing in federal district court in San Diego. His previously undisclosed testimony was obtained on Dec. 10 and again on Jan. 21 in connection with lawsuits against him and Trump University. Trump has consistently rejected the fraud allegations and pointed out that the institution bearing his name received high ratings from nearly all who participated. "Mr. Trump's deposition was simply Plaintiffs' chance to elicit information in hopes of making a case," Jill A. Martin, vice president and assistant general counsel to the Trump organization, said in a written statement Thursday evening. "It does not contain Mr. Trump's side of the case, which will be presented in court proceedings and which will demonstrate that plaintiffs' lawsuit has no substance." She Exhibit B; 18 of 24 Case 3:13-cv-02519-GPC-WVG Document 233-4 Filed 06/10/16 Page 20 of 25 added that "Trump University was a professionally run company which provided students with a valuable and substantive education and the tools to succeed in business and real estate. Those students that applied these strategies were overwhelmingly satisfied and many were able to make substantial profits." That was not the view of New York Attorney General Eric Schneiderman who filed a $40 million fraud suit against Trump and Trump University in 2013 alleging that Trump had defrauded more than 5,000 individuals through the unlicensed institution. Two other class-action lawsuits have been filed by students asking for their money back and the depositions were obtained in connection with those suits. Schneiderman alleged in the suit that Trump personally earned $5 million from the enterprise, in which sales personnel were assigned the goal of getting people to pay $1,495 for a three-day seminar in real estate techniques. What is Trump University? Embed ? Share ? ? Play Video 1:19 Marco Rubio accused Donald Trump of starting a "fake university" at the Feb. 25 GOP debate in Houston. Here's what you need to know about Trump University. (Peter Stevenson/The Washington Post) Exhibit B; 19 of 24 Case 3:13-cv-02519-GPC-WVG Document 233-4 Filed 06/10/16 Page 21 of 25 To attract students, Trump released a marketing video that pledged "we are going to have professors and adjunct professors that are absolutely terrific. . . and these are all people who are going to be handpicked by me." One of the university's top executives, Michael Sexton, subsequently testified in one of the class-action suits that "none of the professors at the live events" were handpicked by Trump. The depositions released Thursday quote Trump acknowledging a lack of close involvement with mentors and students. "Did you do anything personally to confirm the expertise of any of the Trump University mentors?" Trump was asked in the depositions released Thursday. "No, I didn't," he responded. Trump has repeatedly denied any wrongdoing in the university's marketing and collection of fees. Still, his conduct has become an issue in the presidential campaign in part because a super PAC has launched ads critical of the operation of the school that bears his name. The super PAC, American Future Fund, aired the ads after fraud allegations against Trump University were raised by Florida Sen. Marco Rubio during the Feb. 25 Republican presidential debate. Exhibit B; 20 of 24 Case 3:13-cv-02519-GPC-WVG Document 233-4 Filed 06/10/16 Page 22 of 25 As he has said publicly, Trump insisted under oath that many Trump University attendees were satisfied with their experience. Told by a lawyer for the plaintiffs that 25 percent of university attendees had requested refunds, Trump compared the university to the Home Shopping Network, which has loose refund rules and therefore also has a high refund rate. "You go to the Home Shopping Network, whatever it's called. The refunds are unbelievable. The people use the product, wear the product, and then they send it back," Trump said. " So you know, when people were asking for their money back, frankly -- and I would have these good reports, but people would ask for their money back -- we gave them their money back. I shouldn't have given their money back. I gave back millions of dollars because I'm an honest guy." Sign up Sign up Being required to sit for a sworn deposition in the middle of a presidential political campaign presents obvious political peril. For instance, a lawyer in the Trump University suit asked a series of questions about Trump's past praise for former president Bill Clinton, former secretary of state Hillary Clinton and various of his Republican rivals at the time. Trump was then required to answer those questions under oath. "Yeah, at the time I might have," Trump responded when asked if he believed Hillary Clinton would make a "great president or vice president," as he had written in a March 2008 blog item. "I didn't give it a lot of thought, because I was in business. And, as a businessman, I think it was something I never really gave much thought to. Now that I Exhibit B; 21 of 24 Case 3:13-cv-02519-GPC-WVG Document 233-4 Filed 06/10/16 Page 23 of 25 see what she's done and how she's handled herself and how she's handled her e-mails and all of the problems that she's got, I would say she wouldn't make a very good vice president or president." The depositions were released Thursday as exhibits attached to a filing in the latest legal wrangling in the long-running dispute. The new documents show that Trump spent considerable time personally engaged in the litigation, even in the heat of the campaign. He sat for one deposition in New York on Dec. 10 from 10:05 a.m. until 5:02 p.m. He then sat again for nearly three hours in Las Vegas, concluding the deposition just three hours before he appeared in front of a rally in the city. "This is the longest deposition I've ever done in terms of no break," Trump complains at one point during the questioning. "So I need breaks because I have to make some calls." DOCUMENT PAGES TEXT Zoom Exhibit B; 22 of 24 Case 3:13-cv-02519-GPC-WVG Document 233-4 Filed 06/10/16 Page 24 of 25 Page 1 of 129 Tom Hamburger covers the intersection of money and politics for The Washington Post. Rosalind Helderman is a political enterprise and investigations reporter for the Washington Post. Exhibit B; 23 of 24 Case 3:13-cv-02519-GPC-WVG Document 233-4 Filed 06/10/16 Page 25 of 25 ? 100 Comments ? ? ? Tom Hamburger covers the intersection of money and politics for The Washington Post. ? Follow @thamburger Rosalind Helderman is a political enterprise and investigations reporter for the Washington Post. ? Follow @PostRoz PAID PROMOTED STORIES Recommended by Hairstyles For Women Over 40, 50, 60 The Straw that Broke Trump's Back 10 Sedans That Won't Cost You a Fortune FavFashion NFIB Kelley Blue Book Reversing Mitochondrial Decay With Supplements That Increase Cellular Hillary Clinton Is Worth How Much? How Older Men Tighten Their Skin Forbes The Modern Man Today Scientific American Exhibit B; 24 of 24 Case Document 233?5 Page-.1 of? 11- - - i 4/27/2016 In Downturn, Aspiring Moguls Turn to Trump U. for Wisdom Case 3:13-cv-02519-GPC-WVG Document 233-5 Filed 06/10/16 Page 2 of 11 ? Sign In Subscribe washingtonpost.com > Metro >> FOLLOW METRO ON: In Downturn, Aspiring Moguls Turn to Trump U. for Wisdom By Ian Shapira Washington Post Staff Writer Saturday, September 26, 2009 Want the secret to making more money than you ever thought possible? . . . Put proven Donald Trump secrets to work for you . . . -- Trump University online advertisement Tyrone Bryant, a 64-year-old D.C. real estate agent and Trump University Instructor Steve Goff talks to retired Library of Congress police officer, is searching students during a seminar. (Sarah L. Voisin - for new strategies while he negotiates with banks to Washington Post) lower his mortgage payments on two homes he is having PROFILE X Network News trouble renting out. Susan Laraby of Alexandria needs some extra cash because both of her jobs -- interpreter in the federal courts and real estate agent -- are drying up. View More Activity Drawn by the imprimatur of Donald Trump -- he of 40 Wall Street in Manhattan, the Miss USA pageant and TOOLBOX NBC's "The Apprentice" -- about 500 Washingtonians Print Resize this week attended one of 15 free sessions at hotels E-mail Reprints across the Washington area, in search of a playbook for capitalizing on a depressed real estate market. Lured by newspaper and online ads, some came out of personal need to escape financial gloom, others out of pure capitalist curiosity. They worried hardly at all about whether it is still possible to get rich virtually overnight. If Americans are feeling chastened by the near-collapse of the financial system, there was little sign of that inside the Holiday Inn in Ballston, where a placard in the lobby read "Trump, Think BIG." As the lunch crowd took their seats, the O'Jays' classic "For the Love of Money" boomed from speakers. Then the Trump University instructor, Stephen Goff, power-suited up, bellowed his introduction: "All right, you guys ready to be the next Trump real estate millionaire? Yes or No!?" The class looked a little drowsy. "Oh, that was weak," he said. "Let's try that again . . . let's blow the roof off this building . . . You guys are the best in the world. So, you guys ready to be the next Trump real estate millionaire, YES OR NO?!" "YES!" everyone yelled. Goff laid out what would be taught: How to buy and sell "potentially millions of dollars worth of property" using no (or very little) personal money or credit. How to buy without a down payment or a bank loan. And then, tantalizingly, Goff said, how to "make money on properties you don't even own." By the end of this year, about 100,000 people are expected to have attended Trump's free courses across the country, according to Michael Sexton, Trump University's president. Alan Miranda, 40, of Alexandria, an independent distributor of stem cell enhancement pills, came because he said his parents in Florida spent too much on a second home and could use some advice. Adil Bagirov, 31, an energy consultant who grew up in the former Soviet Union, showed up because he wants to add to his wealth and feed the capitalist dreams he http://www.washingtonpost.com/wp-dyn/content/article/2009/09/25/AR2009092502307.html Network News MY PROFILE X Friends' Activity View More Activity Exhibit C; 1 of 10 1/2 4/27/2016 In Downturn, Aspiring Moguls Turn to Trump U. for Wisdom Case 3:13-cv-02519-GPC-WVG Document 233-5 Filed 06/10/16 Page 3 of 11 cultivated as a child frustrated with a communist government "Find it, flip it, forget about it," Goff told his audience. "You don't have to own real estate; you just have to control it." CONTINUED 1 2 Next > Find a Local Blog Plug into the region's blogs, by location or area of interest. Blog: Va. Politics Here's a place to help you keep up with Virginia's overcaffeinated political culture. Virginia Notebook D.C. Taxi Fares Compare estimated zoned and metered D.C. taxi fares with this interactive calculator. FOLLOW METRO ON: | GET LOCAL ALERTS: Mobile Email (C) 2009 The Washington Post Company ? ? ? washingtonpost.com (C) 1996-2016 The Washington Post Archives Subscribe Terms of Use Get Us Contact Us About Us Digital Products Terms of Sale Home Delivery Help & Contact Info In the Community Print Products Terms of Sale Digital Subscription Reader Representative Careers Terms of Service Gift Subscriptions Digital Ads PostPoints Privacy Policy Mobile & Apps Newspaper Ads Newspaper in Education Submissions and Discussion Policy Newsletters & Alerts News Service Syndicate Digital Publishing Guidelines RSS Terms of Service Washington Post Live Today's Paper Ad Choices Reprints & Permissions WP BrandConnect Post Store Events Sign In Photo Store e-Replica http://www.washingtonpost.com/wp-dyn/content/article/2009/09/25/AR2009092502307.html Exhibit C; 2 of 10 2/2 4/27/2016 Former Trump University Is Subject of Inquiry in New York - The New York Times Case 3:13-cv-02519-GPC-WVG Document 233-5 Filed 06/10/16 Page 4 of 11 N.Y. / REGION New York Attorney General Is Investigating Trump's For-Profit School By MICHAEL BARBARO MAY 19, 2011 The New York State attorney general's office is investigating whether a for- profit school founded by Donald J. Trump, which charges students up to $35,000 a course, has engaged in illegal business practices, according to people briefed on the inquiry. The investigation was prompted by about a dozen complaints concerning the Trump school that the attorney general, Eric T. Schneiderman, has found to be "credible" and "serious," these people said, speaking on the condition of anonymity because the investigation was not yet public. The inquiry is part of a broader examination of the for-profit education industry by Mr. Schneiderman's office, which is opening investigations into at least five education companies that operate or have students in the state, according to the people speaking on the condition of anonymity. The investigation is the latest problem for a six-year-old company, known Exhibit C; 3 of 10 http://www.nytimes.com/2011/05/20/nyregion/trumps-for-profit-school-said-to-be-under-investigation.html?pagewanted=all 1/5 4/27/2016 Former Trump University Is Subject of Inquiry in New York - The New York Times Case 3:13-cv-02519-GPC-WVG Document 233-5 Filed 06/10/16 Page 5 of 11 until last year as Trump University, that already faces a string of consumer complaints, reprimands from state regulators and a lawsuit from dissatisfied former students. George Sorial, a managing director of the Trump Organization, confirmed that the company had received a subpoena from the attorney general's office, and said, "We look forward to resolving this matter and intend to fully cooperate with their inquiry." Mr. Schneiderman is looking into whether the schools and their recruiters misrepresent their ability to find students jobs, the quality of instruction, the cost of attending, and their programs accreditation, among other things. Such activities could constitute deceptive trade practices or fraud. The four other companies are the Career Education Corporation, which runs the Sanford-Brown Institute, Briarcliffe College and American InterContintental University; Corinthian Colleges, the parent company of Everest Institute, WyoTech and Heald Colleges; Lincoln Educational Services, the owner of Lincoln Technical and Lincoln Colleges Online; and Bridgepoint Education, the operator of Ashford University. Spokesmen for Lincoln Educational Services, Bridgeport Education and Corinthian Colleges each said the companies had been sent requests for information by the attorney general's office and would comply with them. A representative of Career Education Corporation declined to comment. For-profit schools have become big business in the United States, especially as the unemployed seek a way back into the work force. Some of those schools, however, have been accused of creating as much economic harm as help: students have reported falling deep into debt to pay for classes that they said had failed to deliver what they had promised. Mr. Trump's institution is unique among for-profit schools: it is built Exhibit C; 4 of 10 http://www.nytimes.com/2011/05/20/nyregion/trumps-for-profit-school-said-to-be-under-investigation.html?pagewanted=all 2/5 4/27/2016 Former Trump University Is Subject of Inquiry in New York - The New York Times Case 3:13-cv-02519-GPC-WVG Document 233-5 Filed 06/10/16 Page 6 of 11 almost entirely around the prestige and prominence of a single individual. Mr. Trump said he created the university in 2005 to impart decades' worth of his business acumen to the general public. He aggressively marketed the school, telling students that his handpicked instructors would "teach you better than the best business school," according to a transcript of a Web video. The school has charged premium prices because of the Trump name, with the cost of the courses ranging from $1,500 to $35,000 each. But, as The New York Times reported last week, dozens of students have complained about the quality of the program to the attorneys general of New York, Texas, Florida and Illinois. The Better Business Bureau gave the school a D-minus for 2010, its second-lowest grade, after receiving 23 complaints. Over the last three years, New York and Maryland have told the company to drop the word "university" from its title, saying that using it violated state education laws. (The school was renamed the Trump Entrepreneur Initiative in 2010.) Four former students filed a suit against Trump University last year in a federal court in California, seeking class-action status. They contended that the school used high-pressure sales tactics to enroll students in the costly classes, promised extensive one-on-one instruction that did not materialize and employed "mentors" who at times recommended investments from which they stood to profit. Mr. Sorial of the Trump Organization, which oversees Mr. Trump's businesses, forcefully disputed those claims. He said on Thursday that 95 percent of the school's students in New York had rated their courses as "excellent" on evaluation forms. The school's national average is even higher, he said. "Our customer satisfaction surveys speak for themselves," he said. As its troubles have mounted, the school has suspended new classes and begun overhauling its curriculum, executives said. One priority is finding a Exhibit C; 5 of 10 http://www.nytimes.com/2011/05/20/nyregion/trumps-for-profit-school-said-to-be-under-investigation.html?pagewanted=all 3/5 4/27/2016 Former Trump University Is Subject of Inquiry in New York - The New York Times Case 3:13-cv-02519-GPC-WVG Document 233-5 Filed 06/10/16 Page 7 of 11 way to inject more of Mr. Trump into the program. "The one thing is that they really wanted me involved, instead of the teachers," Mr. Trump said in an interview last week. In interviews, several former students said they felt betrayed by the real estate mogul and his school, especially after investing tens of thousands of dollars in what they thought was to be a comprehensive education. "They lure you in with false promises," said Patricia Murphy, 57, of the Bronx, who is among the former students suing Mr. Trump, whose suit makes similar claims. She said she had spent about $12,000 on Trump University classes, much of it paid with credit cards, in the hope of escaping her career as a part-time teacher and becoming a real estate investor. Her instructors said they would introduce her to banks, help her secure loans and walk her, step by step, through deals, she recalled. "They did none of that," she said. "I was scammed." Mr. Sorial said the school was looking into Ms. Murphy's claims. Carmen Mendez, 59, a public school teacher in Brooklyn, wrote to the Better Business Bureau in 2009 about her disappointment with the school -- and with Mr. Trump. She said she had dipped into her retirement savings to pay nearly $35,000 for the classes, because "Mr. Trump is a very respectable person, and I thought that Trump University was a real institution," she said in the letter to the Better Business Bureau. An instructor promised her, she wrote, that the school guaranteed financial assistance to buy e real estate. But once she had enrolled, Ms. Mendez wrote, she was refused such assistance. Because her credit cards were loaded with debt to pay for the classes, mortgage brokers told her she was ineligible for a loan, she said. "I am writing because I want people to be aware that Trump University is Exhibit C; 6 of 10 http://www.nytimes.com/2011/05/20/nyregion/trumps-for-profit-school-said-to-be-under-investigation.html?pagewanted=all 4/5 4/27/2016 Former Trump University Is Subject of Inquiry in New York - The New York Times Case 3:13-cv-02519-GPC-WVG Document 233-5 Filed 06/10/16 Page 8 of 11 not a real educational institution," she told the Better Business Bureau. "Please advise other people so they do not lose their savings in these difficult days." Mr. Sorial said that the school tried to offer Ms. Mendez a full refund more than six months ago. "She failed to return our numerous calls and e- mails," he said. A version of this article appears in print on May 20, 2011, on page A18 of the New York edition with the headline: New York Attorney General Is Investigating Trump's For-Profit School. (C) 2016 The New York Times Company Exhibit C; 7 of 10 http://www.nytimes.com/2011/05/20/nyregion/trumps-for-profit-school-said-to-be-under-investigation.html?pagewanted=all 5/5 4/27/2016 For some, "big time net loss" after attending Trump University - CBS News Case 3:13-cv-02519-GPC-WVG Document 233-5 Filed 06/10/16 Page 9 of 11 Log In CBS News / CBS Evening News / CBS This Morning / 48 Hours / 60 Minutes / Sunday Morning / Face The Nation / CBSN Morning Rounds Note to Self Green Room Saturday Search More The Rundown Trending Videos CBSN LIVE >> CBS This Morning Trump sweeps 5 states, says he's "presumptive nomi... CBS This Morning Clinton reaches out to Sanders voters after winnin... CBS This Morning Impact of Trump and Clinton's Northeast primary la... CBS This Morning Dyson looks to By JULIANNA GOLDMAN AND LAURA STRICKLER / CBS NEWS / September 24, 2015, 7:40 AM For some, "big time net loss" after attending Trump University 61 Comments / 1.6K Shares / Tweet / Stumble / Email At a speech in South Carolina Wednesday, Republican presidential candidate Donald Trump brought up one of his former ventures: Trump University. It's been the subject of increased scrutiny ever since New York's attorney general sued Trump in 2013, saying the school was a scam. While a number of students said they were satisfied with the value of their Trump University investment, 150 filed affidavits with an attorney general, and two class- action lawsuits were filed by students demanding their money back. The lawsuits are still ongoing and just last week, a judge decertified part of one class-action suit relating to Trump University, handing Trump a partial victory. During a three-month investigation, CBS News reached out to dozens of former three students and reviewed hundreds of comments about the program. 29 PHOTOS Donald Trump Trump has become the Republican frontrunner in part because of his reputation as a top businessman who gets things done, reports CBS News correspondent Julianna Goldman. But that's also brought unresolved lawsuits, several related to Trump University, which even his own lawyer acknowledges would likely extend into a potential Trump administration. In 2010, former New York City Transit worker http://www.cbsnews.com/news/trump-university-investigation-unresolved-lawsuits/ Follow Us From CBS News Girls in fatal fight at Delaware school suspended 484763 VIEWS Is drug cartel behind execution-style murder of Ohio family? 380384 VIEWS Did Mexican drug cartel carry out Ohio family murders? 246028 VIEWS Obama on why the U.S. won't "destroy North Korea" 236911 VIEWS Chief: Charges expected in Delaware student's death 190643 VIEWS Try Microsoft's CRM Now--Your Customer Is Waiting Get a free trial of Microsoft Dynamics and elevate customer service today. Exhibit C; 8 of 10 1/4 4/27/2016 For some, "big time net loss" after attending Trump University - CBS News Case 3:13-cv-02519-GPC-WVG Document 233-5 Filed 06/10/16 Page 10 of 11 Gary Smith was unemployed and said he was desperate to make money. He saw an ad for Trump University and turned to a known brand. "Particularly what I was really looking for was guidance in how to finance real estate transactions," Smith said. Sponsored by Microsoft Watch CBSN Live Trump was "definitely" a draw for him, Smith said, because he thought the real estate mogul was a "top-notch guru of sorts." Smith spent more than $35,000 on Trump University. He contacted the attorney general of New York after he heard about its $40 million lawsuit against Trump claiming the billionaire defrauded students and made an estimated $5 million. "I didn't want to put my name on anything having to do with education unless it was going to be the best," Trump could be seen saying in the university's promotional video. Trump University began in 2004. In 2007 it started offering live events around the country. Watch CBS News anytime, anywhere with the new 24/7 digital news network. Stream CBSN live or on demand for FREE on your TV, computer, tablet, or smartphone. "If you don't learn from the people that we're going to be putting forward, and these are all people who are handpicked by me," Trump said in the commercial. CBS News found three of those instructors had previously filed for bankruptcy. three Others like Smith's instructor, James Harris, were motivational speakers paid on commission to sell additional Trump training. Watch Now Converse Big Girls' Chuck Taylor... $19.98 $59.99 CBS News verified at least 17 affidavits specifically mention Harris, who was hired in 2008. Shop Friends & Family Sitewide 25% O?! Macy's While thousands attended the three-day, $1,500 seminar around the country, the three company's main revenue source was an extended $35,000 mentorship called the Trump "Gold Elite" package. Smith and other former students told CBS News that instructors urged them to increase the credit limit on their credit cards for investing and to fund their training. One former student's affidavit reads: "When people said that they didn't have enough money to pay for the Trump Elite programs, Mr. Harris suggested using the newly increased credit card limit." "It certainly wasn't something that was encouraged or something that was implemented across the board," Trump's attorney Alan Garten said."Unfortunately, I think with any business you're going to get some students who aren't satisfied." Smith said he was told he would get support from real estate mentors but said they didn't deliver. Smith concedes he gave positive reviews to two mentors, and even writing: "I'm very optimistic that I will be a very successful real estate investor in the near future." 23 PHOTOS 50 years of Bond style The Newsroom "I didn't get any financial gain; it's been a big time net loss at this point," Smith said. "People have to take responsibility for themselves, and you use the tools and move forward. As far as just simply, 'oh, Mr. Trump is rich and should just refund everyone money'... Trump University was not a charitable institution," Garten said. An internal 2010 memo shows Trump employees acknowledged the mentorship program was too difficult for the company to "fulfill" and "expectations are not always realistically set or consistently met." The school stopped accepting students and began winding down in the summer of 2010. http://www.cbsnews.com/news/trump-university-investigation-unresolved-lawsuits/ Exhibit C; 9 of 10 2/4 4/27/2016 For some, "big time net loss" after attending Trump University - CBS News Case 3:13-cv-02519-GPC-WVG Document 233-5 Filed 06/10/16 Page 11 of 11 Garten cites surveys showing a 98 percent satisfaction rate. But court documents indicate that of the 6,698 students who signed up for the three-day seminar or three more, 2,539 of them -- almost 40 percent -- received a refund. Garten said that number is in "no way" indicative of student satisfaction. He said it "demonstrates Trump University's generous refund policy." Newsroom A Twitter list by @CBSThisMorning The @CBSThisMorning Newsroom on CBSNews.com CBS Evening News "We provided students with valuable resources, with online instructions, with in- person training. Mentoring, seminars. Substantive curriculum. And the vast majority of students, almost all the students, got their money's worth and were satisfied," Garten said. @ CBSEveningNews .@jeffpeguescbs sits down w/former Baltimore Police Comm. Anthony Batts for 1st interview since leaving the force Smith said the pitch that drew him to Trump University isn't so different from the Republican frontrunner's presidential campaign. "Behind that veneer is to me somebody that could care less for the average person and you know people that you know he's dealing with in general, I think it's all about him," Smith said. In Wednesday's speech, Trump said that he had intended to give the profits from Trump University to charity. A few students CBS News spoke with said the program was worthwhile. One man in New Jersey, who did not want to be named, said the $35,000 he paid got him the hands-on knowledge he needed to start his own real estate business. CBS Evening News @ CBSEveningNews NEW: Prescription painkillers were found in Prince's possession when he died, law enforcement source tells CBS News (C) 2015 CBS Interactive Inc. All Rights Reserved. 61 Comments / 1.6K Shares / 5s Tweet / Stumble / Email Embed View on Twitter Sign Up for a Quick Guided Tour of the World's Leading CRM Salesforce CONVERSE BIG GIRLS' CHUCK TAYLOR... 20 Unbelievable Things You Never Knew About Prince Todays Buzz How Much Money Do You Really Get from a Reverse Mortgage? NewRetirement Sponsored Links by Taboola $19.98 $59.99 S HOW 61 COMME NT S + Macy's More CBS This Morning Popular 7 Reasons Why Glasses Should be Bought Online GlassesUSA.com 15 Nerdy Actors Who Turned Out To Be Heartthrobs WomensForum Bonnie Raitt is back with her 20th album and plans to "keep going" At 66, the singer has racked up 10 Grammys, been inducted into the Rock and Roll Hall of Fame and been named to Rolling Stone's top lists, but shows no sign of stopping soon Unnerving Historical Photos That Will Leave you Speachless Todays Buzz The HCV Treatment Evolution: For Health Professionals TheBody.com New details released in Prince's death http://www.cbsnews.com/news/trump-university-investigation-unresolved-lawsuits/ Exhibit C; 10 of 10 3/4 - 'Do?ument'zssfa Fil??ds 06/10/16 - page. of '6 - 4/27/2016 Trump defends Trump University, says students loved it - CNNPolitics.com Case 3:13-cv-02519-GPC-WVG Document 233-6 Filed 06/10/16 Page 2 of 6 Trump defends Trump University, says students loved it By Eugene Scott, CNN ? Updated 4:48 PM ET, Thu March 3, 2016 ? Trump University fraud case becomes campaign issue 04:20 Story highlights Trump spoke as attack ads focusing on the school are airing The billionaire developer says a fraud suit is much ado about nothing Washington (CNN) -- Donald Trump is defending Trump University, saying Thursday that almost all of the students gave the school an "A." Trump spoke about the university after coming under fire for it in political attack ads and a New York court ruling earlier this week that a case against the school by New York Attorney General Eric Schneiderman can continue. "I could have settled and probably still could very, very easily. But I don't want to settle it because, look, the people that took the course, 98% of those people liked the school. We have report cards," Trump told George Stephanopoulos on ABC's "Good Morning America." RELATED: Court refuses to dismiss case against Trump U. Trump, the Republican presidential front-runner, is facing ads focusing on the now-shuttered university that are airing in several states charging students they http://www.cnn.com/2016/03/03/politics/donald-trump-university-ads-lawsuit/ Exhibit D; 1 of 5 were cheated out of thousands of dollars. 1/3 4/27/2016 Trump defends Trump University, says students loved it - CNNPolitics.com Case 3:13-cv-02519-GPC-WVG Document 233-6 Filed 06/10/16 Page 3 of 6 are airing in several states charging students they were cheated out of thousands of dollars. "The truth about Trump University? Donald Trump made millions, while hard-working Americans got scammed," the narrator says in the ad sponsored by "Our Principles," an anti-Trump PAC. "Donald Trump belongs in a 3 a.m. infomercial, not here," the ad continues, as a picture of the White House appears. Later Thursday, Ted Cruz hit Trump over the university, tweeting, "Get your own #TrumpUniversity certificate of deception here" with a picture of a fake certificate. Ted Cruz Follow @ tedcruz Get your own #TrumpUniversity certificate of deception here --> bit.ly/1VTzi7H 1:23 PM - 3 Mar 2016 1,584 2,019 Trump dismissed the Attorney General's lawsuit as something that is common for successful executives. "I'm sued all the time and so is every other big business person," Trump said. "This is why they say if you're a successful person, you can't run for political o??ce." "Everything you do, you get sued on and it gets exposed. We will win that case very easily," he added. Troubles surrounding Trump University are continuing to attract attention after a New York court declined Tuesday to throw out a fraud case brought by the state's attorney general. Exhibit D; 2 of 5 Schneiderman alleges that Trump University defrauded students who enrolled expecting to learn Trump's http://www.cnn.com/2016/03/03/politics/donald-trump-university-ads-lawsuit/ 2/3 4/27/2016 Trump defends Trump University, says students loved it - CNNPolitics.com Case 3:13-cv-02519-GPC-WVG Document 233-6 Filed 06/10/16 Page 4 of 6 Schneiderman alleges that Trump University defrauded students who enrolled expecting to learn Trump's secrets to making money in real estate. Trump's lawyers argued that Schneiderman took too long to bring the case and that it should be dismissed under the statute of limitations. But the New York appellate division unanimously rejected that argument, clearing the way for the case to go to trial. Nearly 9,000 people died. She survived Norway F-16s shoot up control tower Trump and Clinton: Bring on the general election Reid says Sanders can't win, but won't call on him to quit race http://www.cnn.com/2016/03/03/politics/donald-trump-university-ads-lawsuit/ Exhibit D; 3 of 5 3/3 4/27/2016 Woman who sued Trump University wants out of case - Mar. 11, 2016 Case 3:13-cv-02519-GPC-WVG Document 233-6 Filed 06/10/16 Page 5 of 6 U.S. + Business Markets Tech Media Personal Finance Small Biz Luxury stock tickers America's Choice 2016 Woman who sued Trump University wants out of case by Chris Isidore @CNNMoney March 11, 2016: 11:40 AM ET Recommend 5.5K ? ? ? ? Social Surge - What's Trending Nintendo announces new console, codenamed 'NX' What is the cloud? Prince had no will, says his sister New York attorney general: Trump University a scam A woman who has been fighting Donald Trump in court for six years has had enough. Tarla Makae??, whose name is on one of the class action suits against Trump University, wants to drop out of the case. She says she is tired of public attacks by Trump. Makae?? simply "wants her life back without living in fear of being disparaged by Trump on national television," according to a motion she filed in court asking to withdraw. At a campaign rally last month, Trump called her a "horrible, horrible witness," according to court records. The lawsuit charges that Trump defrauded thousands of students by falsely promising that he had handpicked instructors to teach them his secrets of how to make money in real estate. It is one of two class action suits in federal court against Trump and the school, which closed in 2010. New York Attorney General Eric Schneiderman has also brought a civil suit in New York against Trump University. Advertisement Related: Trump University controversy - In 2 minutes Search for Jobs Trump's lawyers are opposing Makae??'s request to withdraw. They argue that their strategy has http://money.cnn.com/2016/03/11/news/companies/trump-university-donald-trump-tarla-makaeff/index.html Exhibit D; 4 of 5 Powered by Indeed 1/4 4/27/2016 Woman who sued Trump University wants out of case - Mar. 11, 2016 Case 3:13-cv-02519-GPC-WVG Document 233-6 Filed 06/10/16 Page 6 of 6 Trump's lawyers are opposing Makae??'s request to withdraw. They argue that their strategy has been built around plans to attack her credibility in court. So it would be unfair if they don't have Makae?? to attack, they say. "Makae??'s participation in this case, particularly as a live trial witness, is essential to the trial strategy and defense defendants have been developing for almost six years," said the motion from Trump's attorneys. Makae??'s lawyers rebut that argument. Total Lifetime Cost: STUDENT LOAN CALCULATOR BY Donald J. Trump @ realDonaldTrump Job title Location Powered by SmartAsset What's the Lifetime Cost of Your Student Loans? Millions of job openings! Find Jobs ? Accounting Engineering Developer Finance Management Media Marketing Sales See all jobs Employers / Post a Job Follow jobs by The primary plaintiff in the phony Trump University suit wants to abandon the case. Disgraceful! 9:27 AM - 6 Mar 2016 3,245 Paid Content 9,256 Kelley Blue Book Names Their Favorite... The primary plainti?? in the phony Trump University suit wants to abandon the case. Disgraceful! Kelley Blue Book -- Donald J. Trump (@realDonaldTrump) March 6, 2016 Better than Black Friday : Amazing... Macys.com Related: Trump's modeling agency broke immigration laws, attorneys say What's causing your Lower Back Pain? Makae?? and Trump have been feuding in court for years. Shortly after she filed the Trump University case in April 2010, Trump brought a counter suit. He claimed that she had defamed him, but the court disagreed and in April 2015 it ordered Trump to pay Makae?? nearly $800,000 in attorney fees. Yahoo Search Jim Cramer is Alerting Investors of His... TheStreet on Topdust One of the key Trump attacks against Makae?? center on videos of her praising Trump University when she was a student. But her lawyers argued that she didn't realize at the time that she and other students had been deceived by false promises from Trump University, and because the school had promised students it would continue to provide contacts and other assistance on future real estate deals. The court agreed with that argument when dismissing Trump's counterclaim against Makae??. It ruled two years ago that "as the recent Ponzi-scheme scandals involving onetime financial luminaries like Bernard Mado?? and Allen Stanford demonstrate, victims of con artists often sing the praises of their victimizers until the moment they realize they have been fleeced." Hot List Airfare just keeps getting cheaper Whirlpool drowning in overseas turmoil Why are English doctors so angry? Germany's $1.4 billion boost for electric cars Warren Bu??ett is beating the market again http://money.cnn.com/2016/03/11/news/companies/trump-university-donald-trump-tarla-makaeff/index.html Exhibit D; 5 of 5 2/4 I Case Judge bashed by Trump orders release of company records - The Washington Post Page 1 of 3 Case 3:13-cv-02519-GPC-WVG Document 233-7 Filed 06/10/16 Page 2 of 6 Politics Judge bashed by Trump orders release of company records By Tom Hamburger May 28 A federal judge has ordered the release of internal Trump University documents in an ongoing lawsuit against the company, including "playbooks" that advised sales personnel how to market high-priced courses on getting rich through real estate. The Friday ruling, in which Judge Gonzalo Curiel cited heightened public interest in presumptive Republican presidential nominee Donald Trump, was issued in response to a request by The Washington Post. The ruling was a setback for Trump, whose attorneys argued that the documents contained trade secrets. Curiel's order came the same day that Trump railed against the judge at a boisterous San Diego rally for his handling of the case, in which students have alleged they were misled and defrauded. The trial is set for November. Trump, who previously questioned whether Curiel's Hispanic heritage made him biased due to Trump's support for building a wall on the Mexican border, said Friday that Curiel "happens to be, we believe, Mexican." Trump called the judge a "hater of Donald Trump" who had "railroaded" him in the case. "I think Judge Curiel should be ashamed of himself. I think it's a disgrace that he is doing this, " Trump said. In his order, Curiel noted that Trump had emerged as a leading presidential candidate over the course of the civil case against Trump University and that Trump had "placed the integrity of these court proceedings at Exhibit E; 1 of 5 https://www.washingtonpost.com/politics/judge-orders-release-of-internal-trump-universit... 5/30/2016 Judge bashed by Trump orders release of company records - The Washington Post Page 2 of 3 Case 3:13-cv-02519-GPC-WVG Document 233-7 Filed 06/10/16 Page 3 of 6 issue." The judge pointed to a previous case to say that courts deciding on public disclosure must weigh "whether a party benefitting from the order of confidentiality is a public entity or official; and . . . whether the case involves issues important to the public." Trump University was started in 2004 to offer courses in entrepreneurship under the Trump brand. Trump gave his blessing, according to court documents reported previously by The Post, becoming a 93 percent owner of the new enterprise. Two class action lawsuits being considered in San Diego have accused Trump University of using deceptive practices as it brought in millions of dollars from customers who were told they would learn Trump's techniques to become successful in the world of real estate. Trump and his attorneys have vigorously denied the fraud claims, pointing to high ratings that students gave their courses at the time. The Post intervened in April, arguing that Trump's pursuit of the presidency made his business dealings a matter of public interest and that an inactive company had no compelling reason to maintain secrecy. Some of the firm's internal documents previously became public. A 2010 "playbook" published by Politico, for instance, directed sales people to rank students based on their liquid assets to determine who to target for buying courses. Trump and his attorneys have said the company would return in some form after the case is resolved and that it would be damaged by the release of the marketing material. Curiel seemed unconvinced. Trump's "assertion that the information retains any commercial value is speculative given the lack of any support for the statement that Trump University 'may' resume operations," the order released Friday said. Curiel ordered that the playbooks and other records, numbering about 1,000 pages, be released by Thursday, June 2, allowing time to redact telephone numbers and other personal information about the company. Sign up Exhibit E; 2 of 5 https://www.washingtonpost.com/politics/judge-orders-release-of-internal-trump-universit... 5/30/2016 Judge bashed by Trump orders release of company records - The Washington Post Page 3 of 3 Case 3:13-cv-02519-GPC-WVG Document 233-7 Filed 06/10/16 Page 4 of 6 In addition to the class action cases, New York Attorney General Eric Schneiderman filed a $40 million lawsuit in 2013 alleging that Trump had defrauded more than 5,000 individuals through Trump University, which was never licensed as an educational institution. Schneiderman alleged in the suit that Trump personally earned $5 million from the enterprise, in which sales personnel were assigned to get people to pay $1,495 for a three-day seminar in real estate techniques. In selling the courses, Trump released a marketing video that said, "We are going to have professors and adjunct professors that are absolutely terrific . . . and these are all people who are going to be handpicked by me." One of the university's top executives, Michael Sexton, subsequently testified in one of the class action suits that "none of the professors at the live events" were handpicked by Trump. Depositions released in March quote Trump acknowledging a lack of close involvement with mentors and students. The fraud allegations were highlighted during this year's campaign for the GOP presidential nomination by some of Trump's competitors and by a super PAC that opposed Trump. Campaign and legal representatives for Trump could not be reached for comment Saturday. However, Jill A. Martin, vice president and assistant general counsel for the Trump Organization, said in a written statement in March that the allegations had "no substance." She added that "Trump University was a professionally run company which provided students with a valuable and substantive education and the tools to succeed in business and real estate." Tom Hamburger covers the intersection of money and politics for The Washington Post. Follow @thamburger Campaign 2016 ? State of the 2016 race ? Exhibit E; 3 of 5 https://www.washingtonpost.com/politics/judge-orders-release-of-internal-trump-universit... 5/30/2016 6/8/2016 Donald Trump still battling lawsuits from defunct Trump University - Jul. 24, 2015 Case 3:13-cv-02519-GPC-WVG Document 233-7 Filed 06/10/16 Page 5 of 6 U.S. + Business Markets Tech Media Personal Finance Small Biz Luxury stock tickers Donald Trump still battling lawsuits from defunct Trump University by Jeanne Sahadi and Karen McGowan @CNNMoney July 24, 2015: 5:16 PM ET Recommend 7.6K ? ? ? ? Social Surge - What's Trending Human-carrying drone debuts at CES John Oliver makes 'TV history' by forgiving $15 million in medical debt Can this massive refinery solve Nigeria's energy crisis? Presidential candidate Donald Trump wants to "Make America Great Again!" Before he can do that, he has to answer to allegations that his now-defunct Trump University was a scam. Trump is involved in two lawsuits brought by former students and one by the New York Attorney General. The Donald is expected to be questioned under oath next month in a class action lawsuit brought by Art Cohen, who spent more than $36,000 on the Trump programs. Cohen's suit alleges that Trump University failed to deliver on its promises to provide a premier education. Advertisement Related: What we know - and don't know - about Donald Trump's wealth Trump University, launched in 2005, promised to teach students the mogul's investing techniques to get rich on real estate. But the suit claims the teachers were not professors handpicked by Trump as advertised, but rather independent contractors paid commissions for sales of the seminars and products. The suit also alleges that the University would "upsell" students in its initial free seminar to buy a $1,495 "one year apprenticeship" -- which was e??ectively a three-day seminar. Then if they bought that, the teachers would upsell them again to buy "mentorships" at a cost of $10,000 and up. The most expensive, the Gold Elite program, cost $35,000. "Even then, after investing nearly $36,500, students still do not receive Defendant Trump's 'secrets' they were promised, but are constantly subjected to upsell of additional Live Events, products and books," the Cohen suit said. Trump's camp rejects the allegations. "Mr. Cohen's claims are completely baseless," said Alan http://money.cnn.com/2015/07/24/news/donald-trump-university-lawsuit/ Search for Jobs Powered by Indeed Millions of job openings! Job title Location Find Jobs ? Accounting Engineering Developer Finance Management Media Marketing Sales See all jobs Employers / Post a Job Exhibit E; 4 of 5 1/11 6/8/2016 Donald Trump still battling lawsuits from defunct Trump University - Jul. 24, 2015 Case 3:13-cv-02519-GPC-WVG Document 233-7 Filed 06/10/16 Page 6 of 6 Trump's camp rejects the allegations. "Mr. Cohen's claims are completely baseless," said Alan Garten, the executive vice president and general counsel of The Trump Organization. jobs by Jason Forge, an attorney representing Cohen, said "We'd rather try this case in court." Paid Content Related: Donald Trump: I'm worth $10 billion 25 Unbelievable Unresolved Mysteries... In addition to Trump's upcoming deposition, more information about his financial stake in the school may be revealed. XOXLY U.S. District Judge Gonzalo Curiel in California ordered that the plainti?? may reopen depositions of various Trump witnesses where they were asked but didn't answer questions about the money Trump put into -- and received from -- Trump University. 10 New Cars in 2016 That Are Changing... Cohen's Trump University suit isn't the first. Another class action suit representing students in California, Florida and New York made similar claims and is still pending. Going to See the Grand Canyon with... And in a suit brought by the State of New York, a trial court found Trump was personally liable for running an unlicensed school and must pay restitution to approximately 800 consumers nationwide who took courses after May 31, 2010 from the Trump Entrepreneur Initiative (formerly known as Trump University). Harry's Razors: Do They Live Up To The... In addition, the court authorized Trump's attorneys to take the deposition of more than 5,000 consumers who took courses before that date and for whom New York State Attorney General Eric Schneiderman is seeking restitution under claims of fraud. CNNMoney (New York) First published July 24, 2015: 5:12 PM ET Kelley Blue Book Alamo Rent A Car Harry's Hot List Jamie Dimon to Americans: 'You're being manipulated' Hillary Clinton's best economic idea Paid Content Recommended by Trump will cause 'protracted recession' Martin Shkreli is hit with a new charge, pleads not guilty You Won't Believe What He Said Before He Died Your Tailored News Type in your name or anyone's, this site is addicting TruthFinder Shocking Historical Photos That Will Leave You Speechless AmericanUpbeat.com 3 ways batteries could dramatically improve your life Most Popular Videos Priyanka Chopra's Most Gorgeous Photos ViralMozo Thinking About Going Solar? Read This First Home Solar Programs Paid Content These 16 Animals are the Most Aggressive on the Planet UdderlyPettable 60 Stars Who Vanished Without a Trace From Hollywood Pittsburgh Steelers' robot is making football safer Scribol More from CNN Money Donald Trump to be witness in federal case accusing him of fraud In Ferguson, even owning an old car can lead to arrest Matt Damon rips Trump and bankers in http://money.cnn.com/2015/07/24/news/donald-trump-university-lawsuit/ Exhibit E; 5 of 5 2/11