Jun. 6.20i8 - No.0607 P. 3/i6 A0 are (Rev. Subpoena to Produce Documents. ion. a Objects or to Permit inspection ?Premises In a Civil Action UNITED STATES DISTRICT COURT for the District of Columbia Aaron Rieh Plenum" v. 3 Civil Action No. Edward Butoweky et el. . Defendant SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION To: Twitter 010 CT Corporation System (Name af?rm re when: (his subpoerie is directed) Production: YOU ARE COMMANDED to produce at the time, date, and piece set forth below the following documents, electronically stored information. or objects. and to permit inspection, copying, testing. or sampling of the materiel: Place: Boles Schiller Flexn er LLP . Date and Time! 1401 New York Ave. . Washington. c. 20005 03/15f2018 5.00 pm . El Inspection of Premises YOU ARE COMMANDER) to entry onto the designated premises. land, or oilnr property possessed or controlled by you at the time. date, and location set forth below. so that the requesting party may inspect. measure. survey. photograph. test. or com pie the property or my designated object or operation on it Piece: . . The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(0), relating to the place of compliance; Rule 45(d). relating to your protection as a person Subject to subpoena; and Role 45(e) and (5), relating to your duty to respond to this subpoena and the potential oomequences of not doing so. war/2019 cmoncounr. 1 r: signature The name. address. e-meli address, end telephone number of the attorney representing (home were) Aeroo Rich . who issues or requests this subpoena. are: Michael Gottileb. 1401 New York Ave NW. Washington D.O. 20015. mgoitilebeeilip.eom, 202-237-2727 Notice to the person who issues or requests this subpoena if this subpoena commands the production of documents, electronically stated informatiom 0r tangible things or the inspection of premises befbre trial, notice and a copy of the subpoena must be serVed on esch party in this case beliere It is served on the person to whom it is directed. Fed. R. Civ. P. 4500(4). Signature qulerk of Deputy Clerk Jun. 6.20l8 No.0607 P. 4/16 A0 BIB (Rev, WM) Subpoena no Produce Doomants. or Objects or to Plannl't lnmetlon ofPramlsas in a Civil Milan (Page 2) Civil Action No. OF SERVICE (This mlon should hot'bs?led With the court unless required by Fed. CW. receiVed this subpoena for (mm and rule. (fatty) on (date). I served the subpoenaby dollvar'lng-a copy to the mind person as follows: on' (an; or El I returned the subpoena unenaeutcd because: Unless the. subpoena was Issued on behalf of the United States, or one 0le officers-or aguns, I have also tendered to the witness the fees for one day's attendance, and the mileage allowed by law. in the amount of My facts are for travel and 3 far seivlcot, far a total of 5; I 0.00 . I declare under penalty of'perj ury that this lnft'mnatinn to true. Date: Sonar 1! Prinladname and ?lie Server's Mus Additional information attempted service, etc.: 6.2018 A0 IIB (Rev. 02114) Subpoena to Pmdueo Documents, er Objecte or to Pennit inspection othemlteljn Civil Aetfentl?ege 3) No.0607 Federal Rule of Civil Procedure 45 and (E?eetlve 1271/13) (It) Piece (I) For a hint, Heerhtg. or Deposition. A In I may commend I penon to Ittend I trial. heel-lug. er depeeltien on: Its Rtllowe: (A) within too milee et'whete the green teeidee, le employed. or "pointy lithium it) peteen: or (it) Within the mic when the prom resides. ie employed, or negutIriy tronIIete hueineen In pence. It'the person )ieepnyoreputy?eo?loermr . II) II commended to mood I trial and would not Mahmud! expense. other-phoneme A Iuhpoehe ntIy commend: (A) reduction ofdocumente. electronicei aimed infentletlon, ur tonsil: thinge It I piece within mllee where the twill. ie emtioyed, or regulerly trIneIcte in peteotu inspection ofpremieel It the teemilee to he impected. Protecting it l'ereett Subject to Schoemet Enforcement. (1)14ng ?nettle Burden A party or Ittemey 1hr ettd mitts I euhpoene mutt tllte reelenehle etepe tonveid oeiopunduehutdeeoreepeneeon Ipeteon luhjeetto the end mutt Ill dine-lot when compliance It cued must on title dew end impoee In emotion?Md mey include loet eemlnu Ind Ittonwy'e teen?on I putty or Itcomey who Bite to comply. (I) Commendtohudtm Marduk or ?not: littpedion. . (A) Appoint-moo Not Reeve-ed A pereon common! to Ie documents. electronically Item! ltt?mnetion. or tenpibie th . or to permit the inspection need not or in peteen I the nine of Emotion or inmetion Itee wmmeu to littl?f hr I million. eerins. or triet. (it) Objection. A pence 60de documente or tangible thinge or to permit inspection my nerve on the way or many deeigneted- in the euhpoonn I written ehjeet'ton to in! 113, cc telling. or com in; In or oi?the metedeit orto mmag?mr tn cine omnieeily rented the or theme requeeted objectitm must he eemd tn?tte the cutter of the time I edited ?it oo ?gum or lot deyl utter the euhpoene Ifen made. WHEltowln? ndee eppiy: - At my time, on notice to the commended penal. the serving petty In more the t'tcutt (hr the dietrietwhete compliance in required ?tr In orxr co elites pmdtutien erieepeetion. - (II) I: ecu my be teeuired euly ee diluted In the etch. and the Mention! signi?cant exporter: emitting item complienee. MM and! 8515mm": . Withenngeqemm _e_iy modem the court for the district where eomeliepce lit required must quash er medity euhpnenn thet hit- to allow I time to comply: (It) reunite: person to comply beyond the Hittite speci?ed in Rule 45(c); require: dine-loom tn ether minted wetter. if no exception or weiver applies; or . (Mac cots Ipeteontoundueeutom (B) We emitted To goteet pmonauhject to or effected by I athpeenn the court the district where eomplienee is required my, on mtIion, ueeh or modify the Iuhpeene Ifit tree: (I) cloning I trade or other eon dettdel or onmmemiet information: or - (It) dieetoei In unteteined expen'e opinion or tufotmetion thet done not ep commence: in diepute Ind teeulte then the expert's thetweeneithueetedhyepertjh mm Condition on on Aftermm in the dumbed tn Ru the Mutt W. Mend ofqttelhlne or in; I euhpoeng order eppeer'once or Motion under epeeilied oondi one it'the let-vies petty: (I) Idtewe I eubetentiel need for the teedmetty or metric! thet he otherwieetnet without undue hardship: end (it) endure: thet the luttpomeed will In: tee-one?, compmded (I) notice In to I Subpoena. . (I) Fretted Downturn or Hakeem momma?. opp to producing doetutuntn oreteotmnicoiiy stored I n: (A) Down-nu. A responding to I euttpoene to deutlmente muet (Induce them up?? on icept ill the otdittery uncommon or muet emulate and tube! to cones in dte eetezwlee in the demoed. (it) Form?r Producing Electronioe (y Stored {demotion Not dim-Med . ti'I euhpoene ?ow not tpedty I form producing electrenlenlly noted which it in oniinetily mehuetned er in I meondtiy ueeide [tum or m. - (C) Sacredltte?ndg Produced in mom; The f?eenreepen nee noun cc ye othtmetion in more then one than. (D) immibh Ekmntooibr Stored The pulon mpot?lng need net provide discovery tuned intimnet?ion domeoureel of undue burden 0r eoet. On motion to compel d' or the I protective order. the person responding must show thet the In net muonehly efunthte hutden Monet. il' tillt Ihowin in made.- the court me order dieeovery ti'om eudt the tequeetinp petty chow: [and considering the timttetlcne el?ttuie 'the court may opedfy condition! hr the discovery. (3) donning Why or Mouton. (A) Inky-mum Withheld. A limit withholdinawomed intimation under I ctIim thet it in privileged or euhject to pro on It triel-pteperetlen meteriel octet: - enmiy melte the etch: and I) cornice the micro or the withheld docummte. communication or ?hinge in I mInner thet, without revealing iteelt' priviiqed er ptotected will cneble the enter to Issue the cleint._ (It) Won Produced. ifln'thme n_ pruthmd in reopen: in agroehemweetg?e?clalim or airmedenu tin quep onme . epereonmetdn; Immeytto tuty ?timelind the in?lt'tnetiun ol'the eleltuudthe held! in hustler beta not I petty meet plum return, eequeeten or deruoy end my meet not use 0r dieelete tint omen until the eteim ll mottled; muettelcetunnehle Item to retrieve the . if the party dieeiceed it hethte m?mmlim end 51:? dinner to to com ienceie Muted fore determination efdtechim'l'he neonwho pm l'uoe?d the must the tutti the eleim le neeo ve . Content t. court it);I the district when ie ted?end elm. other dihettntempte teen who, thinp heen eerved. ihile without edcquete me to obey euhpoene or on order teteted to it. For etnntu Iuhpoeme meterieie. m, cu. P. 45m commune Note (20m 5/i6 Jun. 6. 20i8 No.0607 - UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA AARON RICH Plaintiff, EDWARD HUTOWSKY, MATTHEW COUCH, . AMERICA FIRST MEDIA, and THE WASHINGTON TIMES, Defendants. T0: DRINKER RIDDLE REATII LLP Allen V. Farbar James A. Barkerl Jr. . Drinker Biddle 8: Reath LLP . 1500 Street, N.w. Washington, DC. 20005 Counsel for Defendant The Washington Times Civil Action No. 1 :1 lbw-0068 Han. Richard 1. Lean PLAINTIFF AARON NOTICE OF SUBPOENA DUCES TECUM To NONPARTY TWITTER INC. TY CLEVENGER P.O. Box 20753 New Yark 1120210753 Counsel-far Defendant Edward I MATTHEW COUCH 2300 West Ash Street Rogers. AR 72758 Tel: (479) 601-9740 In his own capacm as Defendan; and on behalf afDefendant AFM pending appainfmanl ofmunsel P. 6N6 Jun. 6.20i8 No.0607 P. 7/i6 NOTI ENT SERVE SUEPOEN TO ALL DEFENDANT AND THE-IR COUNSEL OF RECORD: PLEASE TAKE NOTICE, that pursuant to Rule 45 of the Federal Rules of Civil Procedure, Plaintiff Aaron Rich intends to serve -a third-party subpoena on Twitter CIO CT Corporation System. The subpoena is attached to this Notice. Dated: June l,'2018 I 301118 SCHILLER FLEXNER LLP By: Its/Me ael J. Goulieb Michal J. Gottlieb D.C. Bar No. 974960 Meiyl C. Governaki D.C. Bar No. 1023549 com Andrea R. Flores (Admission Pending) a?ores@bs?lp. com Boies Schiller Flexner LLP 1401 New-York Ave NW Washington. DC 20005 Telephone: (202) 237-2727 Facsimile: (202) 237-6131 . Randall Jacks-bu D.C. Bar No. 490798 Boies Schiller Flexner LLP 575 Lexington Ave 7th Floor New York, NY 10022 Telephone (212) 303-3650 Facsimile: (323) 446-2350 Attorneys for PIaiul'WAarau Rich Jun. 6.20l8 . No.0607 P. 8/l6 CERTIFICATE OF SERVICE I hereby certify that on Junel, 2018, this document was filed with. the Clerk of the Court of the 0.8. District Court of the District of Columbia by using the CMIECF system, which will automatically generate and serve notices of this filing to all counsel of record. Additionally, a copy of the foregoing document was emailed to Defendants Couch and AfiM via Defendant Couch at (nending appointment of counsel). These Defendants consented I in writing to receiVe'?lings via email pending registration to receive electronic noti?cation of ?lings. Dated: June 1, 2018 MICHAEL, J. GOTTLIEB (D.C. Bar No. 974960) 1401 New York Ave NW Washington, DC 20005 Tel: (202) 237-2727 Fax: (202) 237-613 I CERTIFICATE OF SERVICE Jun. 6.20l8 No.0607 P. 9/l6 UNITED STATES DISTRICT COURT . FOR THE DISTRICT OF COLULIBIA AARON RICH Plaintiff, v. - Civil Action'No. . . I Hen. Richard J. Leon COUCH, AMERICA FIRST MEDIA, and THE WASHINGTON TIMES, Defendants. SUBPOENA FOR DOCUMENTS T0 TWITTER INC. YOU ARE HEREBY COMMANDED, pursuant to Federal Rule of Civil Procedm-e 45, to produce the documents and things designated herein for inspection at the of?ces of Boies Schiller Flexne'r LLP, 1401 New Yorl? Ave. Washington D.C. 20005, within 14 days of service, as provided under the Federal Rules of Civil Procedure. This subpoena for documents, including each individual Request fer Documents (collectively, the "Requests?), shall be read and interpreted in aneurdance with the de?nitiOns and instructions identi?ed below. Plaintiffs incorporate by reference all the instructions, de?nitions, and rules contained in the Federal Rules of Civil Ptocedure and fur purposes of this Subpoena, the fol10wing de?nitions shall apply. Unless words or terms have been given a speci?c de?nitiOn herein, eaCh ward 0r term Used herein shall be given its usual and customary dietionary de?nition, except where such Jun. 6.2018 No.0607 words have a usual custom and usage de?nition in your trade or'industry, in which case they shall be interpreted inaccordance with such usual custom and usage de?nition of which you are aware. - - 2. The terms de?ned above and used in each of the Requests should be construed broadly to the' fullest extent of their meaning in a good faith effort to comply with the Federal Rules of Civil Procedure. 3. The singular of each word shall be construed to include its blural and viceuversa, and the root word and all derivations E?ing," shall be construed to include each other. The words ?and? as well as "ox-?shall be construed both conjunctively and disjunctively. 4. The present tense shall be construed to include the past tense and vice-versa. Where it is necessary to bring within the scope of these Requests information that might otherwise be construed to be outside ?their scope, the use of a verb in any tense shall be recognized as the use of that Verb in all other tenses. .5. The word l?any? shall be construed to include ?all? and vice-versa. 6. The term ?concerning" means "relating to,? "referring to," "describing,? "evidencing,? or "constituting." 7. I A draft of a n0n~identical copy a separate document. 8. The terms ?Electronically Stored and are defined to be synonymous in meaning and equal in scope to the usage of "electronically stored information? in .F'ed. R. Civ. includes data an all servers, including IP addresses. MAC addresses; archived data, deleted data. and legacy data, as Well as data on removable electronic media and in any other location where documents relevant to the Requests may be found. P. i0/i6 Jun. 6.2018 No.0607 9. The terms "You? and ?Your? include the person(s) to whom these Requests are addressed, and all of that person's agents, representatives, and attorneys. 10. The term ?including" shall be construed .as "ihcluding, but not limited to.? ll. You should cunstrue negatiVe terms to include the positive, and vice-versa. For example, you should construe the word ?preference? to mean ?preference or lack of preference." 12. Any reference to a person that is a business entity and is nototherwise de?ned includes that person?s predecessors (including any tire-existing. person that at any time became part of that entity after merger or acquisition), successors, parents, divisions, subsidiaries, af?liates, franchisors, and franchisees; each other person directly or indirectly owned or controlledby any of them; each partnership or joint venture to which any of them is a party; all present and former directors, of?cers, employees, agents, consultants, controlling shareholders ?(and any entity owned by any such controlling shareholder), and. attorneys of any of them; and. any other person acting for or on behalf of any of them. EREQEIC DEFINITIONS- 1. The term ?Twitter Handle" is the series of characters boginniug with . followed by letters and numbers used to identify particular Twitter Accounts. 2. The term ?Witter Account? refers to the data associated with a Twitter Handle, including the Witter handle following, the Witter handle it follows, the tweets from that Twitter handle, the timeline associated with that Witter handle, the direct messages associated with the Twitter handle, and any data such as the user name, location, or associated website for that TWitter? handle. ?Twitter Accounts" include both active and inactiVe accounts. 3. The term "Primary Accounts? refers to the Witter accounts associated with the following Twitter handles: @RealMattCouch; @EdButowsky; @WashTimes; P. H/l? Jun. 6.20l8 No.0607 @JamesALyoner, @ThinBlueIR; @Hannibalmoot; _@Eddie_Graham23; @TtuthinGovernmenQOl; '@therealbp65; . @j?ipp01327; @JaredBeck @CassandraRules; @gatewaypundit; @KimDotcom: @JulianAssange; @Wikileaks; @RogerJStoneJr. 4. The term ?Secondary Accounts" means any Account that communicated with the Primary Account, including but not limited to Meeting, re-tweeting, direct messages, and replies from January 1, 2015 until the present. I S.- The terms ?Communication? and "Communications? are defined to include any tweets, re~tweets, likes, or replies on Twitter, and incorporate any image or audiovisual media included in the tweet. A "CommunicatiOn'" is considered sent to a TWitter handle when it includes that Twitter handle. Production of Communications?shall include related metadata. 6. The term ?Direct Messages? refer to any refers to all private messages between users on the Twitter platform .as de?ned by Twitter?s Terms of Service. Pl'roduction of Direct I Messages shall include related metadata. 7. The terms "Document? and are. de?ned to be synonymous in meaning and equal in scope to the usage of the term ?Documents" in Fed. R. Civ. P. The terms "Document? and ?Documents" are de?ned to include all writings of every kind and all electronically stored information (?1381" including but not limited to videos, photographs, sound recordings, images, charts, maps, records, memoranda, correspondence, handwritten or typewritten notes, calendars, diaries, telephone messages, data or data compilations, and other bibliographic or historicalldata dmcribing or relating' to the documents created,I emails, attachments to emails, instant messages, PowerPoint presentations, spreadsheets, all other Writings in hard copy or in electronic form, and all other material stored on computers, camputer P. ll/l? Jun. 6.20i8 No.0607 r1 discs, CDs, DVDs, Blackberry or smartphone devices, tablets, personal digital assistants, USB "thumb? drives, electronic calendars, and telephone systems. Production of every kind of ESI shall include related metadata. 8. The term ?Topics? refers to: Aaron Rich; America First Media; Brad Bauman; Cassandra Fairbanks; Democratic National Committee (or Donna Brazile; Gateway Pundit; James Lyons; Joel Rich; Kelsey Mulka; Malia Zimmerman; Matthew Couch; Mary Rich; Rod Wheeler; Seth Rich; Washington Times and WikiLeaks. The Tepics include all phrases or Words that immediately precede or follow or the hashtag, including, but not limited to, the following: #SethRich, #HisNameWasSethRich, #AmericaFirsMedig #JusticeForSethRich, #AmericaFirst, #AaronRich, #EdButowsky, #PactsOverFeelingtr, #CoverUp. The case of the-lettering used in the Topic is immaterial; any Topics that include these lettms presented in that order, whether lowercase or uppercase, should be produced as responsive. For the aVoidance of doubt, ?#sethrich" is the same as ?#sethRich" and the same as 9, The ?Time Period? to which these Requests re?er is from January 1, 2015 to the present. If any document is undated and the date of its preparation cannot 'be determined, the document shall be produced if otherwise responsive to any of the Requests. INSTRUCTIONS I Plaintiffs incorporate bylreference all the instructions-?de?nitions, and rules contained in the Federal Rules of Civil Procedure and for purposes of this Subpoena, the following . instructions shall apply: 1. If the requested documents are maintained in a ?le, the ?le folder is included in the request for production of those doc?ments. P. i3/i6 Jun. 6.2018 No.0607 2. Pursuant to Rule 34(b) of the Federal Rules of Civil Procedure, documents shall be produced either (aj as they are kept in the usual course of business (in which case they shall be produced in such fashion as to identify the department, branch, or of?ce in whose possessioa it was located and, where applicable, the natural persOn in. whose possession it Was found Or the server or central ?le in which it was found, and the address of each or segregated as responsive to a specitic Request enumerated in these Requests, with such speci?c Request identi?ed, I 3. In producing documents, you are requested to produce the original of each document requested together Iwith all nonuidentical copies and drafts of that document. If the original of any 'documentcannot be located, a'copy shall be provided'in lieu thereof, and shall be legible and bound or stapled in the same manner as the original. in any circumstance in which an agreement is reached to allow the production of copies of documents rather than originals, P. you shall retain all of the original documents for inspection or copying throughout the pendency of this case, any appeal(s), and any related proceedings. 4. Any alteration of a re5ponsive document, including any marginal notes, haniiWritten' notes, underlining, date stamps, received stamps, endOrsed or ?led stamps, drafts, revisions, modi?cations, and other versions of a document, is a responsive document in its own right and must be produced. - 5. Documents attached to each other should not be separated. 6. If identical copies of a document are in the possession, custody, or control of 'more than one natural person or other document custodian, a copy of that document shall be produced from each such natural person or other document custodian. l4/l6 Jun. 6.2018 No.0607 P. lB/l? 7. in instances where two Or more exact duplicates of any document exist, the most legible copy shall be produced. - 8. If yoo? file a timely objection to any portion of a Request, de?nition, or instruction, provide a response to the remaining portion. 9. If you are unable to produce a document that is responsive to a Request, so state and indicate whether the document ever existed or. whether the document Once existed but cannot be located. Ifany responsive document once was, but is _no longer, in your possession, custody at cantrol, state the whereabouts of such document when last in your possession, custody or control, state the date and manner of its disposition, and identify its last knovim custodian. To the extent that any responsive document was lost or destroyed, produce any document that supports your assertion that the document was lost or destroyed, provide the date when each such docurnent was lost or destroyed, and the role or title of the individual who authOrized or requeswd the destruction of the document. i - 1t). To the extent you object to producing any document under the Stored Conununlcations Act, you should identify the nature of the document and the basis for your more I than one natural person or other document custodian, a copy of that document shall be produced from each such natural person or other document custodian. 11'. These Requests are continuing and require supplemental responses in accordance with the requirements of Fed. R. Civ. P. 26(e). Jun. 6.2018 . No.0607 P. EOCUMENTS TO BE PROQUCED Begueet o. 1 - I All CommUnieations, Direct Messages, and Documents that relate In any of the Topics and (2) were sent by or to any of the Primary Account or Secondary Accounts during the Time Period. 11 o. 2 Documents sufficient to identity the owner of each SeeOndary Account. Dated: June 1, 2018 Washington, D.C. Michael Gottlieb ww??ha?lmm BOIES SCHILLER FLEXNER LLP 1401 New York Ave NW Washington, 20005 Tel: (202) 237-2727 Fax: (202) 237-6131 . Attorney for Platinum: