STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE WAKE COUNTY SUPERIOR COURT DIVISION 18 014001 COMMON CAUSE, et al. Plaintiffs, ORDER ON LEGISLATIVE MOTION TO ISSUE DIRECTION TO PLAINTIFFS 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 upon Legislative Defendants? Motion for the Court to Issue Direction to Plaintiffs Regarding Privileged Documents Within their Possession and Control, filed August 30, 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, Legislative Defendants filed their own list of files which they believe are privileged or constitute work product, and now request that this Court designate these files as confidential and direct Plaintiffs to destroy any privileged files in their possession and control. On September 13, 2019, Plaintiffs filed a response opposing Legislative Defendants? motion. After considering Legislative Defendants? motion to issue direction 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 Legislative Defendants? requested relief. Legislative Defendants? present motion mirrors requests it previously made at an earlier stage in this litigation that were denied by the Court. 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 as highly confidential 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. In its order issued on July 12, 2019, the Court noted that Legislative Defendants? delay in bringing its concerns regarding the confidentiality of the files before the Court contributed to any prejudice they claimed to have suffered, and therefore denied Legislative Defendants? requested relief at that late stage of the litigation. For the same reasons, Legislative Defendants? current motion is denied. WHEREFORE, the Court, for the reasons stated herein and in the exercise of its discretion, hereby ORDERS that Legislative Defendants? Motion to Issue Direction is DENIED. SO ORDERED, this the 8rd day of October, 20 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 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 81 PORTER KAYE SCHOLER LLP 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 Plaintb?fs 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 rraile@bakerlaw.com mbraden@bakerlaw.com tstanley@bakerlaw.com Counsel for Legislative Defendants Stephanie A. Brennan Amar Majmundar PauICox 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, Nathaniel J. Pencook Andrew D. Brown SHANAHAN LAW GROUP PLLC jbranch@shanahanlawgroup.com npencook@shanahanlawgroup.com abrown@shanahanlawgroup.com Counsel for Defendant-Intervenors This the 3rd day of October, 2019. Kellihi. MyerU Trial Court Administrator 10th Judicial District kellie.z.myers@nccourts.org