IN THE CIRCUIT COURT THIRD JUDICIAL CIRCUIT MADISON COUNTY. ILLINOIS TIMOTHY SLATER and STEPHANIE SLATER. Plaintiffs. I v. I No PAMELA GAY. I Defendant COMPLAINT FOR LIBEL. SLANDER AND I NTI LIC OF EMOTIO DIS Come now Plaintiffs. Slater and Stephanie Slater. by their attomay. John D. Wandler. and for their veri?ed Complaint for Libel. Slander and Intentional In?ictlon of Ernoticnal Distress directed to Defendant, Pamela Gay. state as follows: Wm 1. Plainti?s. Drs. 11mothy and Stephanie Slater. are distinguished authors. lecturers and researchers. 2. Professor Timothy Slater is additionally a well-respected Full Professor who holds an Endowed Chair in Science Education. 3. Plainti?s. Drs. Timothy and Stephanie Sister?s, area of expertise Is in astronomy and astronomy education. 4. Both of the Plaintiffs are involved in translating research into a form that will help astronomy professors mach students. 5. Both of the Plainti?s are recognized as advocates for women in a largely male dominated ?eld. Page1ol'15 CaseNo.__ 0. The increase in female participation in science is Dr. Stephanie Slater's primary ?eld of research. for which she Is most often employed. 7. Various books written by Professor Timothy Slater are anchors in the ?eld of teaching astronomy. while Dr. Stephanie Slater is the author of the leading text on conducting research In college science courses. 0. Professor Timothy Slater has been a tenured professor at the University of Arizona and is at present a. Full Professor at the University of Wyoming and was awarded the University of Wyoming Excellence in High Education Endowed Chair of Science Education. 9. Dr. Stephanie Slater owns and serves as the Director of the Center for Astronomy 8. Physics Education Rmmh. an International consulting and research group. widely viewed as the leading march Institute in its field. 10. Over the 25 years of his career. Professor Timothy Slater has published more than 100 peer reviewed articles and has been awarded nearly Thirty Million Dollars (330.000.000.00) in federal grants and contracts to support his work. 11. In the six years of her career. Dr. Stephanie Slater has authored over a dozen peer reviewer articles and several books and has been awarded needy 85.000.000 in federal and state grants and contracts. 12. The Center for Astronomy Physics Education. which she directs. manages between Five Hundred Thousand Dollars ($500,000) and One Million Dollars (31.000.000) per year in publications. workshops. contracts and grants. Page20f15 CaseNo. 13. Sometlme In 2004. the Equal Opportunlty and Af?rmative Action O?lce at the University of Arizona conducted what was called an Investigatlon into allegations of sexual harassment and retaliation against Dr. Timothy Slater. 14. The University conducted and investigated Dr. Slater even though no one had made a complaint. 15. Although the University uses names and words that are found in governmental pronouncement for their 'investigative' process. the course of action at the University of Arizona was an internal process. not to the publlc at large. without the force of law and without procedural safeguards for the accused. 16. The results of the 'investigation' were compiled in a 'Con?dential Investigative Report' by the Is dated March 31 . 2005, and Is referred to at times in the followlng body of this complaint as 'The Report'. 17. The 'Investigation" was conducted without rule of evidence. without swearing Individuals under oath, without allowing advocates to represent the parties. without a trial of fact that was fair and impartial. wlthout an appeal process that would be directed to fact. without any basis to challenge credibility and the veracity of win-rm. without them conducting the investigation being falr and impartial. but rather by those individuals who would be motivated to ?nd misconduct to perpetuate their posltlon. without providing a copy of the report to the person investigated. without providing the factual basis of the charge to the person against whom the complaint is ?led and with all evaluation of the comments or conduct being on a subjective basis without an objective standard. 18. The entire mport was marked page by page as con?dential. Page30f15 CaseNo. 19. Pamela Gay is an Assistant Research Probssor at Southern Illinois University Edwardsville. 20. Pamela Gay Is an astronomer who has changed ?elds into astronomy education. 21. Although the Plaintiffs have no close personal relationship with Pamela Gay. she is constantly. in the opinion and belief of the Plaintiffs. representing that she has information that could only be obtained through a close personal relationship. 2. Astronomy education is a small ?eld with limits to the resources that support those active In the ?eld. 23. Plainti?'s believe that they have been stalked by Defendant at various conferences in an apparent effort (in the minds of the Plaintiffs and subject to proof) to take ?orn the Plaintiffs. 24. It is the opinion and belief of the Plaintiffs that the defamatory conduct of Pamela Gay was undertaken for ?nancial gain and to eliminate competition in the ?eld and not any concern regarding the Plaintiffs sexual conduct. 25. At all times mentioned herein. Defendant. Pamela Gay, knew that the following was true with regard to the report prepared by the University of Arizona: a. There was no basis for Pamela Gay to insure the authenticity of the report as it had ban acquired by her indirectly and against University rules from the University of Arizona. b. According to the document in her possession. neither the report nor the contents were to be disclosed to the public or published in any fashion. c. There was no basis to determine whether the factual content of the report was accurate. and it was likely that it was not. as there were no procedural safeguards as to the accuracy of information obtained and reported. Page4of15 CaseNo. d. There was no basis to determine whether ?ndings were pure opinion or supported by any factual basis. 26. In fact. many of the allegations made and reported in 'The Report' were false and found not to be supported by any of the activities of those making the inquiry. 27. At all times mentioned herein. Defendant. Pamela Gay. knew that the allegations that generated the 'investigation at ?re University' were false. were found to be false. were generated in a one-sided process without basic protections to the accused and were intended to be con?dential due to the lack of procedural safeguards and protections of the accused. 28. Panreia Gay disseminated this report to members of the Plaintiffs' professional community. to poll?cians. and to the media. 29. Botir Plaintiffs and Defendant are active members of the lntemational Astronomical Union (IAU). the pro-eminent lntemational Association of Professional Astronomers. Most recentiy. Professor Trmothy Slater was chosen by the leadership of the IAU to co-chair an international symposium on astronomy education while Dr. Stephanie Slater serves on the lAU's Working Group on Astronomy Education. Pamela Gay serves as an of?cer in the lAU's division related to education. 30. Plaintiffs attach hereto as Erdribit various e-mails sent by the Defendant to various persons in the Plainti?s' professional community to intentionally damage them. 31. The statements in the e?malls are slanderous and Imelous. were intended to cause severe emotional distress. and were mm behind the backs of the Plaintiffs without noticetothemtodenythem a chancetorefutethetruth 32. Pamela Gay further disseminated tirese e-mails to the media. resulting in its publication and the content's dissemination through major inbrnet media outlets. Page50f15 CaseNo. 33. Pamela Gay published the Report of the University of Arizona knowing that the contents were false. sending it to all who responded to her offer to publish the same and knowing that the Report had been obtained violating the rules against disclosure set by the University of Arkona. come i LIBEL AND SLANDER Comes now Plaintiff. Timothy Slater. by his attorney. John D. Wendler. and for Count I of his Complaint directed to Defendant. Pamela Gay. (herein after refened to at times as Gay). states as follows: 1-33. Plaintiff repeats and alleges paragraphs 1 to 33 of the Common Allegations as paragraph 1-33 of Count I. 34. The alleged facts set out in Exhbit A are. if written. libelous per se and if spoken. slanderous per se and on their face. provide a basis to cause extreme emotional distress to the Plaintiff as all of the statements are false. 35. Additionally. by Defendant knowingly making false allegations of sexual misconduct to the professional community without notice to the Plaintiif in order to prevent damage to the plaintiff's reputation being discovered and were made with malice. 36. Defendant. Pamela Gay's statements are responsible for damage to the plaintiff is the following respects: a. Plaintiff has lost the opportunity for advancement in his ?eld and profession. b. Plaintilf's book sales and speaking engagements have been reduced. c. False allegations have been read into the Congressme Record. d. international professionally education bodies no longer will work with plaintiff. e. He has been forced to retain legal counsel to obtain injunctions. Page 6 of 15 Case No. f. He has been damaged in his position as a professorleducator and in the educational community at large. 9. He has been subject to ridicule and emotional distress. h. He has lost income in the past and will lose income in the future. i. phwical and mental health has been impacted. 37.The actions of the Defendant have been intentional and with malice. 38. Due to the malice and the intentional disregard for the reputation of the Plaintiff. he is entitled to punitive damages. WHEREFORE. Plaintiff Timothy Slater prays judgment of this Court In his favor and against the Defendant. Pamela Gay. in an amount of money In am of Thousand Dollars ($50,000) plus attorney's fees. costs and expenses and for such other and further relief as the Court deems just and equitable. and for Three Million Dollars (33.000.000) In punitive damages. PLAIN11FF DEMANQ TRIAL BY JURY AS TO COUNT I OF Hl? MPLAINT eritication Ce n.Puraua to 735 ILCS - 00 Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedure. the undersigned certi?es that the statements set forth in this Instrument are true and correct. except as to matters therein stated to be on information and belief and as to such matters the undersigned certi?es as aforesaid that heishe verlly believes-the same to be true. 'l'lr?othy Slater LAW OFFICES OF JOHN D. WENDLER Page 7 of 15 Case No.? John D. Wendler PO. Box 339 Edwardsville. Illinois 62025 Phone (618) 656-6004 Fax (618) 656-1892 Mo. Bar No.32854 Bar No. 2982043 A1TORNEY FOR PLAINTIFF TIMOTHY SLATER COUNT ll - IEENHONAL OF EMOTIONAL Comes now Plaintilf. Timothy Slater. by his attorney. John D. Wendler. and for Count II of his veri?ed Complaint for Intentional Initiation of Emotional Distress directed to Defendant. Pamela Gay. states as follows: 1?33. PIaintItI' repeats and re-allegee paragraphs 1-33 of the allegations common to all counts as parqraphs 1-33 of Count II. 34. At all times mentioned herein, the actions of Defendant were intentional and were taken to damage the emotional and mental health of the Plaintitf to the extent that he could not perform his duties as a faculty member. researcher. lecturer and leader in the professional ?eld of astronomy education and that he would be held in such minimal regard that he could not be elected to serve as the head of any professional or educational group or activity. 35. The false allegations of sexual misconduct and the attempt to spread the same throughout the Plaintiffs professional community is outrageous conduct. beyond the bounds of decency and intended to destroy Plaintiff mentally and professionally. 38. The alleged published facts set out in Exhibit A and intentionally published to others in writing and orally were the proximate cause of the Plaintiff sustaining the following damages: Page 8 of 15 CaseNo. a. Plaintiff has lost the opportunity for advancement in his ?eld and profession. b. Plaintiffs book sales and speaking engagements have been reduced. c. False allegations have been mad Into the Congressional Record. d. Intemational professionally education bodies no longer will work with plaintiff. a. He has been forced to retain legal counsel to obtain injunctions. f. He has been damaged in his position as a professorleducator and In the educational community at large. g. He has been subject to ridicule and emotional distress. h. He has lost income in the past and will lose income in the future. i. His physical and mental health has been impacted. 37. The actions of the Defendant have been intentional and with malice. 30. Due to the malice and the intentional disregard forthe reputation and mental health of the Plaintiff. he is entitled to punitive damages In an amount of money in ests of Three Million Dollars WHEREFORE. Tlrnothy Slater. prays judgment of this Court as to Count II of his Complaint in his favor and against the Defendant. Pamela Gay. in an amount of money in excess of Fifty Thousand Dollars ($50,000) plus attorney's fees. costs and expenses and for punitive damages of Three Million Dollars ($3,000,000) and for such other and further relief as the Court deems just and equitable. INTIFF RY 0F 8 OMPLAI Under penalties as provided by law pursuantto Section 1-109 ofthe Code of Civil Procedure the undersigned certi?es that the stabments set forth in this instrument are true and conect. except as to matters therein stated to be on information and belief and Page 9 of 15 Case No. as to such matters the undersigned certi?es as aforesaid that helshe verily believes the LAW OFF 8 OF JOHN D. WENDLER same to be true. Phone (618) 856-6004 Fax (618) 656-1892 Mo. Bar No.32854 Ill. Bar No. 2982043 A1TORNEY FOR PLAINTIFF TIMOTHY SLATER Page 10 of 15 Case No. QQNT QQEL MD SLAEDEB Comes now Plaintiff. Dr. Stephanie Slater. by her attorney. John D. Wendler. and for Count of her Complaint directed to Defendant. Pamela Gay. (herein after refened to at times as Gay). states follows: 1-33. Plaintiff repeats and alleges paragraphs 1-33 of the Common Allegations as paragraph 1-330f Count Ill. 34. The alleged facts set out in Ead'ribit A are. if written. libelous per se and if spoken. slanderous per se and on their face provide a basis to cause extreme emotional distress to the Plaintiff as all of the statements are false. 35. Add?onafly. by Defendant knowingly making false allegations of sexual misconduct to the professional community without notice to the Plaintiff to allow her to defend her reputation. the same were made with mallce. 36. Defendant. Pamela Gay's statements are responsible for damage to the plaintiff in the following respects: a. Plaintiff has lost the opportunity for advancement in her ?eld and profession. b. Plaintiffs book sales and speaking engagements have been reduced and her" consulting business has lost revenue. c. False allegations have been read into the Congressional Record. d. lntemational professionally education bodles no longer will work with plaintiff. e. She has been forced to retain legal counsel to obtain injunctions. f. She has been damaged in her position as a professorleducator and In the educational community at large. 9. She has been subject to ridicule and emotional distress. h. She has lost income in the past and will lose income in the future In excess of Three Million Dollars Page 11 of15 CaeeNo. i. Her physical and mentl health has been impacted. 37. The actions of the Defendant have been inten?onal and with malice. 38. Due to the malice and the Intentional disregard for the reputation of the Plaintilf. Plaintiff entitled to punitive damages. WHEREFORE. Plaintiff. Dr. Stephanie Slater, prays judgment of the Court in her favor and against the Defendant. Pamela Gay. asto Count of her complaint in an amount of money In excess of Fifty Thousand Dollars ($50,000) plus attorney's fees. costs and expenses and for such other and further relief as the Court deems just and equitable and for Thirty Million Dollars (330.000.000) in punitive damages. PLAIN11FF DEMANDS TRIAL JURY AS COUNI ll] QF ?g MELAIM cation cation nuant to 135 ILCS 1-109 Under penalties as provlded by law pursuant to Section 1-109 of the Code of Civil Procedure. the undersigned certi?es that the stabments set forth in the instrument are true and conect. except as to matters therein stated to be on and belief and astosuch mattersthe undersigned cerli?esas . same to be true. LAW OFF OF JOHN D. WENDLER By: John D. Wendler P.O. Box 339 Edwardsville. Illinois .025 . Phone (618) 656-6004 Fax (618) 656-1892 Mo. Bar No.32854 Ill. Bar No. 2982043 A1TORNEY FOR PLAINTIFF STEPHANIE SLATER Page12'of15 CeseNo. NT IV M011 DI TRESS Comes now Plaintiff. Dr. smphanie Slater. by her attorney. John D. Wendler. and for Count IV of her veri?ed Complaint for Intentional Infliction of Emotional Distress directed to Defendant. Pamela Gay. sates as follows: 1-33. Plaintiff repeats and re-alleges paragraphs 1-33 of the allegations common to all counts as paragraphs 1-33 of Count N. 34. At all times mentioned herein the actions of Defendant were intentional and were taken to damage the emotional and mental health of the Plaintiff to the extent that she could not perform her duties as a consultant. researcher. lecturer and bader in the professional ?eld of astronomy education and that she would be held in such minimal regard that she could not be elected to serve as the head of any professional or educational group. would no longer be competitive In extramural grant funding. and would no longer be sought as a consultant in the ?eld. 35. The false allegations of sexual misconduct and the attempt to spread the same throughout the Plaintiffs professional community is outrageous conduct. beyond the bounds of decency and intended to destroy Plaintiff mentally and professionally. 36. The alleged published facts set out In Exhibit A and intentionally published to others in writing and orally were the proximate cause of the Plaintiff sustaining the folan damages: a. Plaintiff has lost the opportunity for advancement in her ?eld and profession. b. Plaintiffs book sales and speaking engagements have been reduced and her consulting business has lost revenue. c. Her ability to compete for grants and consulting contracts has been lneparabiy damaged. Page 13of15 Case No. d. lntemational professional education bodies no longer will work with plaintiff. e. She has been forced to retain legal counser obtain injunctions. f. She has been damaged in her position as a professorleducator and in the educational community at large. 9. She has been subject to ridicule and emotional distress. h. She has lost income in the past and will less income in the future in excess of Three Million Dollars i. Her reputation within her religious and social communities has been irreparably damaged. j. Her physical and mental health has been impacted. 37. The actions of the Defendant has been intentional and with malice. 38. Due to the malice and the Intentional disregard forthe reputation and mental heallh of the Plaintilf. she is entitled to punitive damages in an amount of money in excess of Thirty Million Dollars (530.000.000). WHEREFORE, Plaintiff. Dr. Stephanie Slater. prays Judgment of the Court as to Count of her Complaint in her favor and against the Defendant. Pamela Gay. in an amount of money in excess of Thousand Dollars ($50,000) plus attorney's fees. costs and expenses and for punitive damages of Thirty Million Dollars ($30,000,000) and for such other and further relief as the Court deems just and equitable. TRIA IV HE Under penalties as provided by law pursuantto Section 1-109 oflhe Code of Civil Procedure. the undersigned certi?es that the statements set forth in the instrument are true and cannot. except as to matters therein stated to be on lnforrnatlon and belief and Page 14of 15 CaseNo. as to such matters the undersigned cerlilies as aforesaid that helshe verily believes the same to be true. -- Dr. Step tar LAW OFFICES OF JOHN D. WENDLER By: John .Wendler PD. 339 Illinois .025 Phone (618) 656-6004 Fax (618) 856-1 892 Mo. Bar No.32854 Bar No. 2982043 ATTORNEY FOR PLAINTIFF STEPHANIE SLATER Page 15 of 15 Case No. MADISON COUNTY, ILLINOIS IN THE CIRCUIT COURT 0 THIRD JUDICIAL CIRCUIT l! NOV 2 8 ZUIB CLERK OF CIRCUI SLATER AND STEPHANIE MLHSIRD OUNTY. lLuNOls Plaintiffs, N0 PAMELA GAY Defendants. EXHIBIT A .19. COMPLAINT FOR SLANDER AND INTENTIONAL INFLICTION 0F EMOTIONAL ADDRESS EMAILS Comes now Plaintiffs, Timothy and Stephanie Slater, by their attorney and files the attached representative E-MAILS (some not all defamatory e-mails) as Exhibit A to their Complaint. By: John QWendl er PO. Box 339 Edwardsville, Illinois 62025 (618) 656 6004 Fax (618) 656 1892 M0. Bar No.32854 111. Bar No. 2982043 ATTORNEY FOR PLAINTIFF TIMOTHY SLATER STEPHANIE SLATER Page 1 of 1 EXHIBIT A COMPLAINT FOR LIBEL, SLANDER AND INTENTIONAL INFLICTION OF EMOTIONAL ADDRESS EMAILS December 2015 Defamation per se by Pamela Gay writing to professional colleagues trying to have Drs. Slater removed from an international conference they were running, as well as impede their ability to conduct their professional work. Appendix A emails from Pamela Gay to David McKinnon Appendix Tim Slater?s Initial Response Appendix - Stephanie Slater?s Initial Response ATTACHMENT Appendix A - emails from Pamela Gay to David McKinnon From: Pamela Gay Sent: Saturday, 28 November 2015 5:52 AM To: Beatriz Garcia; David MCKINNON Subject: Re: 326: resignation to the SOC Dear David, Beatrice forwarded your message to me so I can add context. The IAU has *no mechanism? to review this kind of case. As Piero explained it to me, had someone committed murder, we wouldn't be able to do anything to forcibly remove them from leadership. Thus, Geoff Marcy is still a member. in this case, Tim Slater was investigated by the University of Arizona and found guilty of both sexual harassment and creating a hostile workplace. have obtained and confirmed the authenticity of a copy of the university's investigation. I have not been able to of?cially con?rm, but have unof?cially con?rmed that he was given a year to leave both Montana and Arizona due to students coming forward about being abused. I have listened to testimony from numerous former colleagues and students. Their stories are completely consistent, and most are no longer in contact with each other, so i don't perceive this as a smear campaign by a closed group. As a result of this testimony, I have escalated the investigation to high levels here in the US. If the people i have spoken to con?rm what l'vefound, as I feel can assure you they will, it is the lAU's best interests to not have Tim Slater in a leadership position. This is an appointed position that is an simply have been asked not to lead a symposium, and this will have no impact on his research, promotion, or tenure (he's a tenured, endowed professor), and will have freed up his time. There will be My question to you is this: do you want someone being investigated for sexual harassment who?s previously been foundguilty to hold an honorary position that is potentially highly harmful to the has happened to people in his employ and to his students. Cheers, Pamela From: Pamela Gay Sent: Saturday, 28 November 2015 9:22 AM To: David MCKINNON Subject: Re: 326: resignation to the SOC Montana and Arizona we a while ago. He has been at 3?9 Are there r: recent ones in your list of such Io :avioar? Yes, but those people aren?t comfortable being public because they are early career or soft money and are venerable. Given that he was found iity at UArlzona, i assume that the . te remedial ring and counseiling?. Have there i. an reports since that time? No. He was given a year to leave and all records were sealed. You use the phrase "35" numerous former students and col: . aos he has eo? nis spots. ls that possible? It's possible, but there is no evidence of change, and in many ways, things have taken a more dangerous turn because his wife is also party to many of they activities. [Where ever your imagination mayjust horrifyingly gene, is likely the correct place.) is the ?con?dential document? to which Beatriz refers, The UArizona Document? Yes live s, then why was it reist. sed by UArizona if there have beer. a Jain ts i received it anonymously and con?rmed its authenticity via Chris impey, who was department chair when events occurred. It was gotten to me because I?m an of?cer of the and ASP and it was hoped that I could use it to try prevent more women from being sexually harassed and enduring a hostile work environment. if no, why has no o??icial co,- 1-nlaint been made to lr?ii?u? After what happened at Montana and Arizona (he was dismissed, received a more prestigious position, and continued to have authority in the community) the people who've had problems since he got to Wyoming are unwilling to speak up. How current are the allegc'i'Jon-s that ha ve sufaceci, forme, in The most recent case i know of is August at GA. Further context: - Most faculty in the US receive what is called Title IX training, which addresses sexual harassment. This is part of federal funding mandates. - it is completely common to the point of being normal for an institution in the US to handle sexual harassment by simply writing a letter of reprimand (for instance, Marcy received three written warnings from Berkeley over many many years). in egregious cases, the women are settled with and are put in positions where they have to agree never to disclose what happened. I'll add that in researching this was told (but haven't had it in me to con?rm), that Wyoming has a second known harasser in their department who was also recruited after being dismissed from a more prestigous department Also - Slater has a position at Wyoming that doesn't allow him face?to-face interactions under normal circumstances. He lives in Montana, and teaches only online classes and doesn?t even have to attend faculty meetings in person. To me, this hints that they are aware of what they have and are doing everything they can to prevent traditional students from falling victim. Currently, I think all of Slater's students are non-traditional students. David, We listened to women tearfully describe things happening to them that no person should ever have to experience. There are things in my head I'll never get out that keep me awakewas listen. This is the worst case of sexual harassment l've ever heard described. Cheers, Pamela From: Pamela Gay Sent: Tuesday, 1 December 2015 1:34 AM To: David MCKINNON Subject: Re: 326: resignation to the SOC Hi David, Re Stephanie help me; rears-2. imagination can run truly wri: Stephanie does many things similar to Tim. For instance, at an AAS meeting she made a point of showing off her nipple piercings and discussing other piercings in a sexually loaded and invitational manner. It is my understanding from others that the three-way sexual encounters Tim had with his past wife and some collaborators have continued. While I have absolutely no problem with these activities occurring between consenting adults when there are no power dynamics, one woman made it clear that resources were tied to "performing" with Tim and his prior wife. In the current situation, both Tim and Stephanie seem to be soliciting. Making things more complicated, people who cross Stephanie or Tim become subjects of Stephanie's "research", which is designed to discredit them in various, fairly public ways that may not represent reality. Since most people don?t bother to read papers fully and are happy to take conclusions at face value, this has a lot of people terri?ed to speak or not play along. Add in that they run the only Astro Ed everything is a power play. - IN THE CIRCUIT COURT Ll LL LE i THIRD JUDICIAL CIRCUIT MADISON COUNTY. ILLINOIS NOV 2 8 2015 CLERK OF CIRCUIT COURT It 62 TIMOTHY SLATER AND STEPHANIE THIRD JUDICIAL CIRCUH SLATER MADISON COUNIY. ILUNOIS Plaintiffs, v. No. l6-L- 5% PAMELA GAY Defendants. TOTAL EXCEED 559,300.00 Comes now Timothy Slater and Stephanie Slater and hereby swear and af?rm that the amount of damages prayed for in the above case exceed $50,000. Veri?cation i?c?ion to Under penaltiesasprovided by law mm to Sadlon 1-109 of the dee of Ovil Prom-e: the undersigned certi?esthet the statements set forth in this instrument are truemtl med. emept a to matterstherein stated to beon information and belief and asto such matters the undem'g'ted that W918 verily beliewsthe saneto betrue. mm)- Timothy Sly?r thafZ SEX EED 50 00 Verifi in Oartiflcatin raj t7 ILIBSHJOQ Lhdar provided by law purwmt to action 1-109 of the Code of (MI Howduer the uncle-aimed outi?esthat the augments set forth in thisinstrument are true and correct. emept as to matta'stharet'n stated to been information and belief and ate sum mattersthe undersigted wti?eaadorasad tha he?sheva?ty bdievesthe saneto betrue. (/John D. P. 0. Box 339 Edwardsvillc, Illinois 62025 8) 656 6004 Fax (6 I 8) 656 -?1392 Mo. Bar No.32854 Ill. Bar No. 2932043 ATTORNEY FOR PLAINTIFF - TIMOTHY SLATER STEPHANIE SLATER Pm 2 of 2 TOTAL DAM EXC EE $50,090.00 IN THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT MADISON COUNTY, ILLINOIS TIMOTHY SLATER and STEPANIE SLATER. Plaintiffs, v. Case No. 16-L-1598 PAMELA GAY, .) Defendant, DEFENDANT PAMELA DEMAND FOR BILL OF PARTICULARS PLEASE TAKE NOTICE, pursuant to 7351LCS 5/2?607, Defendant PAMELA GAY by and through her undersigned counsel, FREEARK, HARVEY MENDILLO, PC, and SOWERS 8: WOLF, LLC, hereby demands the Plaintiffs serve on the undersigned, within twenty-eight (28) days from the date of service hereof, a Veri?ed Bill of Particulars responsive to the de?ciencies in Plaintiffs' Complaint as set forth below: 1. On November 21, 2016, Plaintiffs filed their complaint against Pamela Gay for injuries allegedly suffered as a result of defamation and intentional in?iction of emotional distress. 2. Plaintiffs allege that Pamela Gay intentionally and maliciously engaged in defamatory conduct. Plaintiffs further attached as Exhibit-A to their complaint, an e-mail chain discussing a report from the University of Arizona in support of their allegations. 3. A defendant is entitled to a Bill of Particulars where the allegations are so wanting in detail the claim is de?cient. 735 ILCS 512-607. 4. The allegations of the Plaintiffs' Complaint as to Pamela gay are devoid of basic facts which would allow her to ?le a responsive pleading. The allegations are that Case No. 16-L-1598 Page 1 of4 at some time, Pamela Gay engaged in some kind of defamatory conduct against Timothy Slater, and that she is now responsible for damage to both plaintiffs' reputations and for intentional infliction of emotional distress. 5. Speci?cally, the Plaintiffs? Complaint is deficient in the following respects: a. The Complaint fails to identify which conduct, either oral or written statements, allegedly made by Pamela Gay were defamatory; and b. The Complaint fails to set forth facts identifying the dates and/or time periods during which the alleged defamatory conduct occurred. 6. The Plaintiffs? Complaint contains absolutely no allegations which apprise the Defendant which alleged conduct was defamatory in nature to which caused the plaintiffs' alleged injuries. There are no facts pled as to how, where, and when the alleged defamatory conduct occurred. 7. The Complaint fails to indicate where, when, or what conduct the plaintiffs are alleging was defamatory in nature and thus does not apprise Pamela Gay of suf?cient facts upon which she may rely in making a defense. 8. That in paragraph 26 of Plaintiffs' Complaint, plaintiffs allege that many of the allegations made and reported from the University of Arizona Equal Opportunity and Affirmative Action Of?ce's report were false and found not to be supported by any of the activities of those making the inquiry. Plaintiffs have failed to identify which, if any, of the allegations were false and found not to be supported by any of the activities of those making the inquiry. In order to defend herself in this matter, Plaintiffs' Complaint needs to detail which, if any, of the many allegations were false and found not to be supported by any of the activities making the inquiry. Case No. 16-L-1598 Page 2 of 4 9. In paragraph 28 of Plaintiffs' Complaint, plaintiffs allege that defendant disseminated the report to members of the plaintiffs? professional community, to politicians, and to the media. In paragraph 32, plaintiffs further allege that defendant further disseminated the e-mails to the media resulting in its publication and the contents dissemination through major internet media outlets. Again, plaintiffs have failed to identify which members of plaintiffs? professional community, which politicians, and which media members that defendant allegedly disseminated e-mails to. Without speci?cally identifying these individuals, defendant is unable to form a meaningful response and therefore is prejudiced. 10. Without such information, Pamela Gay's ability to investigate the allegations and formulate a meaningful response is prejudiced. WHEREFORE. pursuant to 735 ILCS 512?607, Defendant, Pamela Gay demands that the plaintiffs serve on the undersigned, within twenty-eight (28) days from the date of service hereof, a Veri?ed Bill of Particulars which provide facts responsive to those matters set forth in this demand. FREEARK, HARVEY MENDILLO, P.C. MICHAEL P. MURPHY #6205294 115 W. Washington Street, PO. Box 546 Belleville, IL 62222?0546 618-233-2686 618-233-5677 (fax) FOR DEFENDANT Sowers Wolf, LLC Ferne P. Wolf 530 Maryville Center Drive, Suite 460 St. Louis, MO 63141 Case No. 16-L-1598 Page 3 of 4 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the above and foregoing was mailed via ?rst class. United States mail, postage prepaid, this 0/ day of "hi? Mt tmuLT . 2017 to: Mr. John D. Wendler Law Of?ces of John D. Wendler PO. Box 339 Edwardsville, IL 62025 Case No. 16-L-1598 Page 4 of 4 FREEARK, MENDILLO, P.C. Ray H. Freeark, Jr. (1925-2000) Ted Harvey. Jr. James R. Mendillo Ted W. Dennis Ransom P. Wuller (Of Counsel) Michael P. Murphy Shane M. Moskop Jason P. Kleindorfer Adam J. Braundmeier Angela S. McQuage Daniel E. Heil February 3, 2017 Madison County Circuit Court Madison County Courthouse 155 North Main Street Edwardsville, IL 62025 In re: Slater v. Gay Case No.: Enclosed please ?nd: Bill of Particulars; ATTORNEYS AT LAW for tiling in the above-captioned matter. Very truly yours, MICHAEL P. MURPHY MM/kel Enclosure c: John Wendler Ferne Wolf I .. 115 West Washington Street PO. Box 546 Belleville. IL 62222-0546 Telephone (618) 233-2686 Facsimile (618) 233-5677 Writer's E-mail: mmurphy@freeark.com IN THE CIRCUIT COURT THIRD JUDICIAL CIRCUIT MADISON COUNTY, ILLINOIS TIMOTHY SLATER AND STEPHANIE SLATER Plaintiffs, v. No. l6-L? PAMELA GAY Defendants. MOTION TO STRIKE DEMAND FOR BILLS OF PARTICULARS AND COMPEL RESPONSIVE PLEADING Comes now Plaintiff?s, Timothy and Stephanie Slater, by their attorney, John D. Wendler and for their Motion to Strike and Compel Answer state as follows: 1. Defendant has filed a pleading entitled of Particulars". 2. Defendant contends that Plaintiffs? complaint so vague that a response cannot be put together. 3. Plaintiffcomplaint is approximately 56 paragraphs long and consists of approximately 15 pages. 4. Despite the breath and the detail ofthe Plaintiffs? complaint the Defendant has ?led a motion basically directed to three paragraphs. 5. A purpose ofa Bill of Particulars under 735 ILCS 5/2-607 has basically been replaced with 735 ILCS 5/2-6l 5 entitled ?Motions with Respect to Pleadings?, the stande provision used in tort litigation to test the sufficiency ofthe pleadings. 6. Bills of Particulars are used in dissolution of marriage cases, criminal matters and Page 1 of 5 MOTION TO STRIKE DEMAND FOR BILLS OF PARTICULARS AND COMPEL RESPONSIVE PLEADING statutory sex harassment cases (the alleged specialty of one of Defendants attorney). 7. Defendants demand for a bill of particulars is an effort to conduction discovery through the pleading process. 8. In addition, the allegations ofthe bills of particulars (or whatever the pleading is meant to fall under) involve misdirection and a partial admission ofliability. 9. In paragraph of the Defendants pleadings there is an allegation that Defendant can?t reSpond to spreading the report from the University of Arizona Equal Opportunity and Affirmative Action Of?ce?s (hereinafter referred to as ?the Report?) because Plaintiff?s didn?t plead which allegations were false, but this argument is misdirection and an effort to obscure the issues as the Report should not have been distributed IF ANY OF THE CONTENTS WERE FALSE AND DEFAMATORY and, as discovery will illustrate, each page of the report was stamped CONFIDENTIAL 10. Behind the back slander and defamation is a difficult tort to track due to the method and malice of the person usually conducting this type of campaign to destroy the business ofanother as people don?t want to get involved for the following reasons: a. Fear of becoming the target ofa similar attack. b. Not wanting to add to their own problems the problems of another. c. Fear of becoming involved in litigation having a negative effect on their own businesses. 1 I. With regard to the contentions of paragraph 9 of the pleading states that there has been a distribution of defamatory material and the Plaintiff should be able to answer as the response should be that she did not distribute defamatory material to anyone at any time and at any place and any medium. Page 2 of 5 MOTION TO STRIKE DEMAND FOR BILLS OF PARTICULARS AND COMPEL RESPONSIVE PLEADING 12. Paragraph 9 of the bill of particulars represents an implied admission that Defendant did defame my clients, but she plans on addressing only'those occasions Plaintiffs? know of at this time. l3. Plaintiffs do not wish to disclose all e-mail traf?c of which they be aware as Defendant?s husband works in the electric data industry and may have scrubbed her computer. l4. Anticipating a cover up of wrong full conduct the Defendant was served with the a Spoliation of Evidence letter at the time the complaint was served to preserve her e-mail traf?c and Plaintiffs intend to seek a complete analysis of the hard drive of her data storage devices that she has been using during the relevant period. 15. Plaintiffs attached to this motion a copy ofthe ?Spoliation of Evidence Letter? that was served on the Defendant at the same time that the complaint was served by hired, licensed- private investigator John Hefele. (Attached as Exhibit B) 16. Plaintiffs? have attached the e-mails chain that was attached to their complaint that speci?es date, time and manner of communication of defamatory material. (Attached as Exhibit A). Defendant is located at a remote location and the means ofcommunication is through formal written correspondence and e?mail. 18. Discovery will provide (as it always does) more speci?cs, but for the purpose of answering the Plaintiffs" complaint, the Defendant should be able to state she did or did not slander/libel plaintiffs. 19. By ?ling a veri?ed complaint, the Plaintiffs have stated that the allegations in the University of Arizona con?dential document are false. 20. As pleaded the ?Demand? for a Bill of Particulars is actually a Motion to Dismiss Page 3 of 5 MOTION TO STRIKE DEMAND FOR BILLS OF PARTICULARS AND COMPEL RESPONSIVE PLEADING If} :13 under 735 5/2-615 as the pleading does not specify what particulars are Specifically requested but rather makes vague and disjointed (cherry picking paragraphs) allegations of conclusions. Wherefore Plaintiffs pray order of this Court has follows: A. Defendant?s Demand for Bill of Particulars be denied. B. Defendant be ordered to answer Plaintiffs complaint within 21 days. C. Defendant be denied ?ling other than an Answer or be ordered in default as the pleading filed was in fact a 735 5/2-615 motion regardless of what the pleading was called (I suspect by the St. Louis D. The Court order such other and further reliefas it deems just and equitable. Plaintitfs? attach hereto as Exhibit A the e-mail chain attached to date and as Exhibit the Spoliation of Evidence letter served on the Defendant. PO. Box 339 Edwardsville, Illinois 62025 (618) 656 6004 Fax (618) 656 1892 Mo. Bar No.32854 111. Bar No. 2982043 ATTORNEY FOR PLAINTIFF SLATER AND TIMOTHY SLATER CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the following document: MOTION TO STRIKE AND COMPEL RESPONSIVE PLEADING was placed in the United States Mail first class postage prepaid in the City of Edwardsville, Illinois Page 4 of5 MOTION TO STRIKE DEMAND FOR BILLS OF PARTICULARS AND COMPEL RESPONSIVE PLEADING It- Huh prior to noon on the 27 day of February, 2017, or hand delivered in open court on the day of :3 a: 2015 to: :0 Michael Murphy Attorney at Law I: Freeark, Harvey and MendiIlo, P.C. n1 1 IS W. Washington Street PO. Box 546 Belleville. Illinois 62222?0546 53 VI . :3 Page 5 of5 MOTION TO STRIKE DEMAND FOR BILLS OF PARTICULARS AND COMPEL RESPONSIVE PLEADING LAW OFFICE OF JOHN D. WENDLER, P.C. ATTORNEY AT LAW PO. Box 339 (618) 656 6004 -phone Edwardsville, Illinois 62025 24 Hr. Answering Serv. License Illinois and Missouri (618) 656 -1892 - Fax Wendlawoff@outlook.com February 27, 2017 Clerk of the Circuit Court Madison County Court House 155 N. Main St. Edwardsville, Illinois 62025 Re: My Clients: Timothy and Stephanie Slater Defendant: Pamela Gay Case: Madison County Case No. 16-L-1598 Subject: Motion to Strike Bill of Particulars, etc. Dear Sir: I enclose here the following pleading for filing: Motion to Strike Demand for Bill of Particulars and Compel Responsive Pleading Please file the above pleading and return a file marked copy of the pleading in the enclosed, pre-addressed stamped envelope. If you have any questions, please call. JDW/jdw CC: Michael Murphy, Attorney at Law, 155 W. Washington Street, PO. Box 548, Belleville, Illinois 62222-0546 Enclosure: Motion and Envelope RENEW Slater Gay Exhibit A to Motion to? From: Pamela Gay 02 27 2017 Sent: Saturday, 28 November 2015 9:22 AM To: David MCKINNON .Subject: Re: 326: resignation to the SOC Montana and Arizona were a while ago. He has been at since 2008 or 2009. Are there any recent ones in your list of such behaviour? Yes, but those people aren't comfortable being public because they are early career or soft money and are venerable. Given that he was found guilty at UArizona, I assume that there was appropriate remedial ?training and counselling?. Have there been reports since that time? No. He was given a year to leave and all records were sealed. You use the phrase ?from numerous former students and colleagues? perhaps he has changed his spots. Is that possible? It's possible, but there is no evidence of change, and in many ways, things have taken a more dangerous turn because his wife is also party to many of they activities. (Where ever your imagination mayjust horrifyingly gone, is likely the correct place.) Is the ?confidential document? to which Beatriz refers, The UArizona Document? Yes If yes, then why was it released by UArizona if there have been no further complaints? I received it anonymously and con?rmed its authenticity via Chris Impey, who was department chair when events occurred. It was gotten to me because I'm an of?cer was hoped that I could use it to try prevent more women from being sexually harassed and enduring a hostile work environment. If no, why has no of?cial complaint been made to "1 ?31 El} "Strike ?le? 4-: After what happened at Montana and Arizona (he was dismissed, received a more prestigious position, and continued to have authority in the community) the people who've had problems since he got to Wyoming are unwilling to speak up. How current are the allegations that have surfaced, for me, in the last two days? The most recent case I know of is August at IAU GA Slater Gay - Exhibit to Motion to Strike 02 27 2017 . LAW JUHN ATTORNEY AT LAW PO. Box 339 (618) 656 6004 ?phone Edwardsville, Illinois 62025 24 Hr. Answering Serv. License Illinois and Missouri (618) 656 4892 - Fax Wendlawoff@outlook.com November 28, 2016 Pamela Gay Hand Served By R: My Clients: Timothy and Stephanie Slater Venue: Third Judicial Circuit, Madison County Illinois Case Number: SPOLIATION OF EVIDENCE Dear Ms. Gay: You have been or will be served a complaint in an action for defamation filed in the Circuit Court, Third Judicial Circuit, Madison County, Illinois. It is alleged that you used electronic media to engage in a course of libel to damage my clients and that this conduct was intentional and malicious. This letter is a reminder that your electronic files are subject to inspection and review and that you are not to take any action to destroy those files or access to the same. A failure to maintain your electronic data storage devices and the information inputted in the same may lead to action for Spoliation of Evidence being filed against you. Spoliation of evidence is the intentional, reckless or negligent withholding, hiding, altering, fabricating or destroying of evidence relevant to a legal proceeding. I am in possession of a number of e-mails that you have sent setting out false and outrageous claims that you will have a chance to prove. Please be advised that Timothy and Stephanie believe electronically stored information to be an important and irreplaceable source of discovery and/or evidence in the course of your conduct in actively defaming them and inflicting emotion distress and that this conduct has been ongoing for years prior to its discovery within the last year. The lawsuit requires preservation of all information from your, Pamela Gay and anyone acting on your behalf, computer systems, removable electronic media, and other locations. This includes, but is not limited'to, email and other electronic communication, word processing documents, I spreadsheets, databases, calendars, telephone logs, contact manager information, Internet usage files, and network access information. Defendant, Pamela Gay, should also preserve the following platforms in the possession of the Defendant or a third party under the control of the Defendants such as an employee or outside vendor under contract) and that she has been using at SlU-Edwardsvillei databases, networks, computer systems, including legacy systems (hardware and software), servers, archives, backup or disaster recovery systems, tapes, discs, drives, cartridges and other storage media, laptops, personal computers, internet data, personal digital assistants, handheld wireless devices, mobile telephones, paging devices, and audio systems (including voicemail). All of the information contained in the letter should be preserved for the following dates and time periods: January 1, 2000 to date and ongoing to the conclusion of this lawsuit. PRESERVATION OBLIGATIONS The laws and rules prohibiting destruction of evidence apply to electronically stored information in the same manner that they apply to other evidence. Due to its format, electronic information is easily deleted, modified or corrupted. Accordingly, Defendants muSt take every reasonable step to preserve this information until the final resolution of this matter. This includes, but is not limited to, an obligation to do the following: - Discontinue all data destruction and backup tape recycling policies; - Preserve and not dispose of relevant hardware unless an exact replica of the file (a mirror image) is made; - Preserve and not destroy passwords, procedures (and accompany software), network access codes, lD names, manuals, tutorials, written instructions, decompression or reconstruction software; 0 Maintain all other pertinent information and tools needed to access, review, and reconstruct necessary to access, view, and/or reconstruct all requested or potentially relevant electronic data. DESCRIPTION OF DATA SOUGHT This lawsuit requires preservation of all information from Defendant, Pamela Gay?s computer systems, removable electronic media and other locations relating to any and all professional or business or education activities. This includes, but is not limited to, email and other electronic communication, word processing documents, spreadsheets, databases, i3 F: ii? f'i :3 hf: fill calendars, telephone logs, contact manager information, Internet usage files, and network access information. Electronic Files You have an obligation to preserve all digital or analog electronic files in electronic format, regardless of whether hard copies of the information exist. This includes preserving the following: A. Active data data immediately and easily accessible on the client?s systems todayk B. Archived data data residing on backup tapes or other storage media); C. Deleted data data that has been deleted from a computer hard drive but is recoverable through computer forensic techniques); and D. Legacy data data created on old or obsolete hardware or software). Defendant, Pamela Gay, must preserve active, archived and legacy data including but not limited to: 1. Word-processed files, including drafts and revisions; 2. Spreadsheets, including drafts and revisions; 3. Databases; 4. CAD (computer-aided design) files, including drafts and revisions; 5. Presentation data or slide shows produced by presentation software (such as Microsoft PowerPoint); 6. Graphs, charts and other data produced by project management software (such as Microsoft Project); 7. Animations, images, audio, video and audiovisual recordings, MP3 players, and voicemail files. 8. Data generated by calendaring, task management and personal information management (PIM) software (such as Microsoft Outlook or Lotus Notes); 9. Data created with the use of personal data assistants (PDAs), such as Palm Pilot, HP Jornada; Cassiopeia or other Windows CE-based or Pocket PC devices10. Data created with the use of document management software; and 11. Data created with the use of paper and electronic mail logging and routing software. Defendants, Pamela Gay must preserve media used by Defendants computers including but not limited to: 1. Magnetic, Optical or other storage media, including the hard drives or floppy disks used by Defendant or anyone acting of her behalf computers; 2. Backup media other hard drives, backup tapes, floppies, Jaz cartridges, CDROMs) and the software necessary to reconstruct the data contains; 3. Archived media (you should retain a mirror image copy of any media no longer in service but used during the following time periods): a) January 1, 2000 to Present and to the termination of this litigation HARDWARE Defendant has an obligation to preserve all electronic processing systems, even if they are replaced. This includes computer servers, stand?alone personal computers, hard drives, laptOps, PDAs, and other electronic processing devices. Defendant should retain c0pies of any hardware no longer in service but used during the following time periods: A. January 1, 2000 to present to the termination of this litigation. EMAILS You have an obligation to preserve all potentially relevant internal and external emails that were sent or received. Email must be preserved in electronic format, regardless of whether hard copies of the information exist. INTERNET WEB ACTIVITY You have an obligation to preserve all records of Internet and Web-browser generated files in electronic format, regardless of whether hard copies of the information exist. This includes Internet and Web-browser-generated history files, caches and "cookies? files stored on backup media or generated by an individual employed at SIU-Edwardsville. ACTIVITY LOGS Defendant or anyone acting on her behalf must preserve all hard copy or electronic logs documenting computer use by Defendant directly or under her guidance or direction SUPPORTING INFORMATION. 153 'l'I 331 'l?I 5&3 II (I Defendant must preserve all supporting information relating to the requested electronic data and/or media including, but not limited to, codebooks, keys, data dictionaries, diagrams, handbooks, or other supporting documents that aid in reading or interpreting database, media, email, hardware, software, or activity log information. INFORMATION FOR EMPLOYEES Defendant should preserve all data that contains the information described below for any employees, graduate students, researchers or independent researchers as follows: A. Namels) Job Titlels) or the work title or connection with B. Basic employee information, agent or servant information or graduate student information, including name, date of birth, social security number, employee identification number, race, date hired (or re-hired), and educational background; OTHER REVELANT INFORMATION Documents relating to computer systems, programs, software, hardware, materials, tools or information that Defendant uses or used to track, monitor or prevent discriminatory employment practices. From January 1, 2000 to present to the termination of this litigation all documents that relate to any software or hardware computer changes affecting your database. DESCRIPTION OF DOCUMENTS AND MEDIA THAT SHOULD BE PRESERVED Defendants should immediately preserve all data and information about the data backup activity logs and document retention policies) relating to documents maintained in the ordinary course of business for her and anyone with whom she is connected and associated. This includes, but is not limited to, the information listed below: I Email and any relevant metadata, including message contents, header information, and email system logs that was sent or received by or is in the possession of the following parties and/or contains information about the following subjects: All active, archived, legacy, and deleted copies of any other electronic data that are in the possession of the Defendant or anyone acting on her behalf should be maintained and protected. DATA STORAGE DEVICES Online Data Storage. If Defendants use(s) online storage and/or direct access storage devices, they must immediately cease modifying or deleting any electronic data unless a computer forensic expert makes a mirror image of the electronic file, follows proper preservation protocols for assuring the accuracy of the file chain of custody), and makes the file available for litigation. Offline Data Storage. Offline data storage includes, but is not limited to, backup and archival media, floppy diskettes, magnetic, magneto-optical, and/or optical tapes and cartridges, DVDs, CDROMs, and other removable media. Defendant should immediately suspend all activity that might result in destruction or modification of all of the data stored on any offline media. This includes overwriting, recycling or erasing all or part of the media. This request includes, but is not limited to, media used to store data from personal computers, laptops, mainframe computers, and servers. Data Storage Device Replacement. If Defendant replace(s) any electronic data storage devices, Defendants may not dispose of the storage devices. Preservation of Storage Devices. Defendant may not modify, delete or otherwise alter by data compression, disk de-fragmentation, or optimization routines) any electronic data unless a computer forensic expert makes a mirror image of the electronic file, follows proper preservation protocols for assuring the accuracy of the file custody), and makes the file available for litigation. The expert must make a mirror image of active files, restored versions of deleted files, and restored versions of deleted file fragments, hidden files, and directory listings. This includes, but is not limited to, preserving electronic data (stored on online or offline storage devices) that came from the following hardware or software applications: 1. Fixed drives on stand-alone personal computers or laptops; 2. Network servers and workstations; and 3. Software application programs and utilities. PRESERVATION COMPLIANCE You must create and maintain an Activity Log "in order to show preservation compliance. Defendant must maintain a log, documenting all alterations or deletions made to any electronic data storage device or any electronic data processing system. The log should include changes and deletions made by supervisors, employees, contractors, vendors, or any other third parties. MIRROR IMAGES Defendant must secure a mirror image copy (a bit-by-bit copy of a hard drive that ensures the computer system is not altered during the imaging process) of all electronic data contained on the personal computers and/or laptops of the individuals listed below. The mirror image should include active files, deleted files, deleted file fragments, hidden files, directories, and any other data contained on the computer. CHAIN 0F CUSTODY. For each piece of media that Defendant preserve(s), Defendants must document a complete chain of custody. A proper chain of custody will ensure that no material changes, alterations or modifications were made while the evidence was handled. Chain of custody documentation must indicate where the media has been, whose possession it has been in, and the reason for that possession. ELECTRONIC DATA CREATED AFTER THIS LETTER For any electronic data created after this letter or for any electronic processing systems used after this letter, Defendants must take the proper steps to avoid destroying potentially relevant evidence. This includes following the above preservation protocols. Compliance with Defendants preservation obligations includes forwarding a copy of this letter to all individuals or organizations that are responsible for any of the items referred to in this letter. if this correSpondence is in any respect unclear, please contact this office immediately in writing. To the extent any item might be read-or interpreted as conflicting or contradictory it should be read as requiring preservation. With Kindest Regards, John D. Wendler JDW/jdw