STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE WAKE COUNTY ff a :33 SUPERIOR COURT DIVISION I 18 CVS 014001 COMMON CAUSE, et al. Plaintiffs, ORDER ON MOTION FOR DIRECTION V. Representative DAVID R. LEWIS, in his official capacity as Senior Chairman of the House Select Committee on Redistricting, et al., Defendants. THIS MATTER comes before the undersigned three-judge panel upon Plaintiffs? Motion for Direction, filed June 6, 2019. On June 6, 2019, Plaintiffs filed a motion requesting that this Court direct Legislative Defendants to stop purporting to designate the entirety of the files previously produced by Stephanie Hofeller as ?Highly Confidential/Outside Attorneys? Eyes Only? and stop demanding that Plaintiffs return and destroy the files in their entirety. Legislative Defendants, in their June 17, 2019, brief in opposition to Plaintiffs? motion, requested that this Court order Plaintiffs to disclose the extent of their review of the files and divest themselves of the files, and further requested that there be briefing on Whether some or all of Plaintiffs? attorneys should be disqualified. Plaintiffs filed a reply brief in support of the motion for direction on June 27, 2019. A hearing on the motion was held on July 2, 2019, and the matter was taken under advisement. After considering Plaintiffs? motion for direction and the matters contain ed therein, as well as the parties? briefs, submissions, and arguments on the motion by those in attendance, and having reviewed the record proper, the Court, in its discretion, declines to grant Plaintiffs? requested relief. The Court?s primary objective at this stage in the litigation is to ensure that documents necessary for the administration of justice in this case are made available. The Court is satisfied that such documents have been identified, that all parties have agreed that those documents are not subject to any assertions of privilege, and that the documents likely fall under the public record designation provided by N.C.G.S. 120-133. The Court takes no position with respect to Legislative Defendants? contentions that Plaintiffs? counsel?s actions in this litigation have run afoul of Rules 4.1, 4.3, 4.4, and 8.4 of the Rules of Professional Conduct. Legislative Defendants may, of course, seek relief on this matter with the North Carolina State Bar should they feel such action is warranted. As to Legislative Defendants? request that Plaintiffs disclose the extent of their review of the files produced by Stephanie Hofeller, the Court notes that the delay in bringing these concerns before the Court has contributed to any prejudice Legislative Defendants claim to have suffered as a result of the alleged misconduct, and denies Legislative Defendants? requested relief at this late stage of the litigation. WHEREFORE, the Court, for the reasons stated herein and in the exercise of its discretion, hereby ORDERS that Plaintiffs? Motion for Direction is DENIED . SO ORDERED, the the day of July, 2019. Paul C. Ridgeway, Super1 Court Judge ls/ Joseph N. Crosswhite Joseph N. Crosswhite, Superior Court Judge Isl Alma L. Hinton Alma L. Hinton, Superior Court Judge Certificate of Service The undersigned certifies that the foregoing was served upon all parties by electronic mail, addressed as follows: Edwin M. Speas, Jr. Caroline P. Mackie Poyner Spruill LLP espeas@povnerspruill.com cmackie@poynerspruill.com Counsel for Common Cause, The North Carolina Democratic Party And the Individual Plaintiffs R. Stanton Jones David P. Gersch Elisabeth S. Theodore Daniel F. Jacobson Arnold Porter Kaye Scholer LLP Stanton.iones@arnoldporter.com Davidgersch@arnoldporter.com Counsel for Common Cause And for Individual Plaintiffs Mark E. Braden Richard Raile Trevor Stanley Katherine McKnight Elizabeth Scully Erica Prouty Baker Hostetler LLP rraile@bakerlaw.com mbraden@bakerlaw.com tstanley@bakerlaw.com EScully@bakerlaw.com egrouty@bakerlaw.com Attorneys for Legislative Defendants Marc E. Elias Aria C. Branch Abha Khanna Perkins Coie LLP melias@perkinscoie.com ABranch@perkinscoie.com akhanna@perkinscoie.com Counsel for Common Cause And the Individual Plaintiffs Phillip J. Strach Michael McKnight Alyssa Riggins Ogletree Deakins Phillip.strach@ogletree.com Michael.mcknight@ogletree.com Alyssa.riggins@ogletree.com Counsel for Legislative Defendants Stephanie A. Brennan Amar Majmundar PaulCox NC Department of Justice sbrennan@ncdoi.gov amajmundar@ncdoi.gov pcox@ncdoi.gov Counsel for the State of North Carolina and members of the State Board of Elections Katelyn Love NC State Board of Elections Counsel for the State Board of Elections This the 12th day ofJuly, 2019. John E. Branch, Ill Nathaniel J. Pencook Andrew D. Brown Shanahan Law Group PLLC mnch@shanahanlawgroup.com mncook@shanahanlawgroupcom abrown@shanahanlawgroupcom Attorneys for Defendan t-lntervenors Kellie Z. Wers Trial Court Administrator 10th Judicial District kellie.z.mvers@nccourts.org