STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE WAKE COUNTY - - . SUPERIOR COURT DIVISION 18 CVS 014001 COMMON CAUSE, et al. Plaintiffs, V. ORDER ON REPUBLICAN NATIONAL Representative DAVID R. LEWIS, MOTION TO APPEAR AND PROTECT ITS INFORMATION UNDER RULE 45 in his official capacity as Senior Chairman of the House Select Committee on Redistricting, et al., Defendants. THIS MATTER comes before the undersigned upon non-party Republican National Committee?s Motion for Leave to Appear and Protect Its Confidential and Privileged Information Under Rule 45, filed August 80, 2019. On July 12, 2019, the Court granted non-party Geographic Strategies?s request to inspect the Hofeller files, and allowed it until August 30, 2019 to provide the Court with an itemization of all files to which it claims ownership or other claim of right and contends ought to be treated as confidential. On August 30, 2019, Geographic Strategies filed this itemization. Also on August 30, 2019, the Republican National Committee filed the present motion seeking to take essentially the same actions the Court allowed Geographic Strategies to take. Specifically, it requests that Geographic Strategies be ordered to produce to the RNC a copy of all files Geographic Strategies has identified as potentially belonging to the RNC so that the RNC may submit its own itemization of files it contends should be designated confidential or privileged. On September 13, 2019, Plaintiffs filed a response opposing the motion. After considering the motion and the matters contained therein, as well as the parties? briefs, and having reviewed the record proper, the Court, in its discretion, declines to grant the requested relief. As acknowledged in its motion, the RNC began to suspect that of a portion of the Hofeller files might implicate its proprietary rights or privileges in May 2019 after various media outlets reported that Dr. Hofeller?s files had been produced to Plaintiffs in this case. The RNC then informed Plaintiffs by letter on May 28, 2019, that the Hofeller files likely contained privileged and proprietary information concerning Dr. Hofeller?s work for and on behalf of the RNC. Although the RNC asserted at that time that the Hofeller files likely contained its privileged and proprietary information, the RNC neglected to seek relief from this Court until August 30, 2019, when it made the present motion. Due to the delay in bringing this request before the Court, the Court declines to grant the motion at this late stage in the litigation. WHEREFORE, the Court, for the reasons stated herein and in the exercise of its discretion, hereby ORDERS that the RN C?s motion is DENIED. SO ORDERED, this the 3rd day of October, 2019. m. Vince M. Rozier, Jr., Superior Court Judge CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was served on the persons indicated below by electronic mail, addressed as follows: Edwin M. Speas, Jr. Caroline P. Mackie POYNER SPRUILL LLP espeas@poynerspruill.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 8: PORTER KAYE SCHOLER LLP Stanton.jones@arnoldporter.com David.gersch@arnoldporter.com Counsel for Common Cause and the Individual Plaintiffs 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 Thomas A. Farr Michael McKnight Alyssa Riggins OGLETREE DEAKINS NASH SMOAK STEWART PC Tom.farr@ogletreedeakins.com Alyssa.riggins@ogletree.com Counsel for Legislative Defendants Richard Raile Mark Braden Trevor Stanley Katherine McKnight Elizabeth Scully BAKER HOSTETLER LLP mbraden@bakerlaw.com escully@bakerlaw.com Counsel for Legislative Defendants Stephanie A. Brennan Amar Majmundar PaulCox NC DEPARTMENT OF JUSTICE sbrennan@ncdoj.gov amajmundar@ncdoj.gov pcox@ncdoj.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 John E. Branch, Ill Nathaniel J. Pencook Andrew D. Brown SHANAHAN LAW GROUP PLLC jbranch@shanahanlawgroup.com npencook@shanahanlawgroup.com abrown@shanahanlawgroup.com Counsel for Defendant-Intervenors W. Ellis Boyle KNOTT BOYLE PLLC Counsel for Non?Party Republican National Committee This the 3rd day of October, 2019. Trial Court Administrator 10th Judicial District kellie.z.myers@nccourts.org