From: Bryan Ward [mailto:bryan.ward@holcombward.com] Sent: Monday, July 10, 2017 5:32 PM To: 'ACowart@law.ga.gov' ; 'RWillard@law.ga.gov' ; 'JColangelo@law.ga.gov' ; 'CCorreia@law.ga.gov' ; 'JHeidt@law.ga.gov' ; 'ovbrantley@dekalbcountyga.gov' ; 'LKJohnson@DeKalbCountyGa.gov' ; 'TGPhilli@DeKalbCountyGa.gov' ; 'BDBryan@DeKalbCountyGa.gov' ; 'Patrise.Hooker@FultonCountyGa.gov' ; 'Kaye.Burwell@FultonCountyGa.gov' ; 'Cheryl.Ringer@FultonCountyGa.gov' ; 'David.Lowman@FultonCountyGa.gov' ; 'DWhite@hlclaw.com' ; 'SHegener@hlclaw.com' Cc: Marvin Lim Subject: Curling et al. v. Kemp et al.; No. 2017CV292233 Counsel, I am counsel for the plaintiffs in the above-referenced matter, Curling et al. v. Kemp et al.; No. 2017CV292233 (the “Action”) (Complaint attached). I am writing you as either the attorney listed online for one of the defendant entities in the abovereferenced matter or as an attorney for a defendant entity in the now-dismissed Curling et al. v. Kemp et al., No. 2017CV290630. The purpose of this email is to notify your clients of their obligation to take reasonable steps to preserve and retain all hard copies and electronically stored information, as defined by Rule 34 of the Federal Rules of Civil Procedure, and all other documents and physical evidence relevant to this Action. To fulfill your preservation obligation, you must take reasonable steps to preserve all hard copy documents, physical evidence, and electronically stored information relevant to this Action, including, but not limited to • suspending the Defendant entities’ data destruction and backup tape recycling policies; • preserving relevant software, including legacy software (unless an exact copy or mirror image is made and stored) and hardware that is no longer in service but was in service during the relevant time period; • retaining and preserving necessary information to access, review and reconstruct (if necessary) relevant electronic data, including identification codes and passwords, decryption applications, decompression software, reconstruction software, network access codes, manuals and user instructions; • retaining and preserving all backup tapes or other storage media; and • any other reasonable steps necessary to prevent the destruction, loss, override or modification of relevant data either intentionally or inadvertently, such as through implementation of a pre-existing document retention policy. This preservation obligation includes all election materials for the June 20 election, including, in particular, memory cards (PCMCIA cards) used in that election. In addition, we are available to confer about the retention and security of the voting machines and GEMS server used in the June 20 and April 18 elections. Until such time, those machines should not be disturbed, tested, or changed in any way. The foregoing list is not exhaustive, and you and your clients must preserve all documents, physical evidence, and information relevant to this Action. Your clients’ failure to preserve relevant data may constitute spoliation of evidence, which may subject your and/or your clients to sanctions. We trust that you and your clients will preserve for the duration of this Action all relevant hard copy documents, physical items, and electronically stored information. In the event of a dispute arising out of your failure to preserve documents, we will rely on this email in court as evidence of our request and additional notice of your and your clients’ preservation obligations. We look forward to working with you in this matter. Please contact me if you have any questions. Bryan M. Ward 3399 Peachtree Road NE, Suite 400Atlanta, Georgia 30326404-892-5695 (Direct)404-601-2803 (Main) 404-393-1554 (Fax) bryan.ward@holcombward.com www.holcombward.com