1/16/2020 Mail - AO Records - Outlook [Records Center] Public Information Request :: R003031-121319 TEXAS AG Public Information Wed 1/8/2020 4 53 PM To: AO Records Attachments: 552.024_form.pdf Evers_(R003031)_15_day.pdf image2020-01-03-092316_Redacted.pdf image2020-01-03-092355_Redacted.pdf image2020-01-03-092559_Redacted.pdf Fwd__number_of_uninsured_undocumented_children_Redacted.pdf Fwd__TPPF_meeting_Redacted.pdf ------------- Please respond above this line --- January 8, 2020 Mr. Austin Evers American Oversight records@americanoversight.org  VIA E-MAIL ONLY Re: Public Information Request No. R003031 Dear Mr. Evers: This e-mail is in response to your public information request to the Office of the Attorney General (“OAG”), received by the OAG on December 12, 2019.  The OAG has reviewed its files and has located the attached documents that are responsive to your request.  Although the Public Information Act allows a governmental body to charge for copying documents, the attached documents are being provided to you at no charge.  Please note the OAG has redacted personal e-mail addresses from the attached documents pursuant to section 552.137 of the Government Code and the previous determination issued by the Open Records Division.  See Open Records Decision No. 684 (2009) (governmental bodies may withhold certain information without necessity of requesting decision from Open Records Division).  Additionally, the attached documents contained the personal cellular telephone number of an employee of the OAG.  As allowed by section 552.024 of the Government Code, this employee has chosen to make this personal information confidential.  Because our office is prohibited by law from releasing this personal information to you, we have removed it from the attached documents.  Normally, we must request a ruling from the Open Records Division before we can withhold any of the information you requested.  However, section 552.024 allows us to withhold this specific information without requesting a ruling. You have the right to appeal our decision to withhold this information from you.  Instructions for appeal are attached.  If you do not want to appeal, you do not need to do anything else.  Please note that we are only withholding a specific category of information that is confidential under sections 552.024 and 552.117 of the Government Code.  As previously noted, the OAG believes the remaining information responsive to your request is excepted from required public disclosure.  We have requested a ruling on this information from the Open Records Division of the OAG.  A copy of our supplemental brief to the Open Records Division is attached. If you have any questions, please contact me at publicrecords@oag.texas.gov. Sincerely,  Lauren Downey Assistant Attorney General Public Information Coordinator Office of the Attorney General To monitor the progress or update this request please log into the Public Records Center GovQA logo https://outlook.office.com/mail/records@americanoversight.org/inbox/id/AAQkADdjNzkxMmYzLWVjNDAtNDViOC04MGExLWZlNTkyZGU3MGY2ZgAQABd… 1/1 How to appeal the withholding of information under Gov’t Code section 552.024 If you wish to appeal the withholding of information discussed on the previous page, you must send the following to the attorney general: 1) a signed, written statement indicating your wish to appeal the withholding of information; 2) the name of the governmental body that withheld information from you; 3) the date you made your original request for information; and 4) a copy of your original request for information, or if you are unable to provide a copy, a description of your original request for information. You may also submit written comments stating why you think the information should be released to you, but you are not required to do so. Send your appeal by mail to the attorney general at: Open Records Division P.O. Box 12548 Austin, Texas 78711-2548 Within forty-five business days after receiving all of the above-listed items necessary to file your appeal, the attorney general will issue a written ruling on the matter. You will receive a copy of this ruling in the mail. TX-AG-19-1523-A-000001 Received byOpen Records JANO8 2020 KEN PAXTON ATTORNEY GENERAL OF TEXAS January 8, 2020 Justin Gordon Open Records Division Office of the Attorney General P.O. Box 12548 Austin, Texas 78711-2548 Re: Public Information Request No. R003031 Dear Mr. Gordon: On December 12, 2019, the Office of the Attorney General ("OAG") received a public information request under the Public Information Act ("PIA"), Chapter 552, Government Code, from Mr. Austin Evers. 1 A copy of the request is attached as Exhibit A. The OAG will release some information, but asserts the remaining requested information is excepted from required public disclosure under the PIA. Pursuant to section 552.30l(b) of the Government Code, the OAG submitted initial briefing to your office on January 3, 2020. Pursuant to section 552.30l(e), the OAG submits this additional brief to seek a decision as to whether section 552.107 of the Government Code applies to the information at issue. We have copied the requestor as a recipient of this brief pursuant to section 552.301(e-1) of the Government Code. A representative sample of the information at issue is attached as Exhibit B. I. Information Excepted From Required Public Disclosure Under Section 552.107: Privileged Attorney-Client Communications Section 552.107(1) of the Government Code excepts from required public disclosure information "that the attorney general ... is prohibited from disclosing because of a duty to the client under the Texas Rules of Evidence or the Texas Disciplinary Rules of Professional Conduct." Gov't Code § 552.107. Section 552.107 protects information that falls within the attorney-client privilege. When asserting the attorney-client privilege, a governmental body has the burden of providing the necessary facts to demonstrate the elements of the privilege in order to withhold the information at issue. Open Records Decision No. 676 at 6-7 (2002). First, a governmental body must demonstrate that the information constitutes or documents a communication. Id. at 7. Second, the communication must have been made for the purpose of facilitating the rendition of professional legal services to the client governmental body. Tex. R. Evid. 503(b)(l). Third, the privilege applies only to communications between or among clients, client representatives, lawyers, and lawyer representatives. Id. 503(b)(l)(A), (B), (C), (D), (E). Lastly, the attorney1 The OAG was closed for business December 24, 2019 through December 26, 2019, observed skeleton crew holidays on December 27, 20 I 9 and December 31, 2019, and was closed again on January 1, 2020. Post Office Bnx 12548, Austin. Texas n711-2548 • (512) 463-2100 • www.texasattorncygcncral.gov TX-AG-19-1523-A-000002 client privilege applies only to a confidential communication, id. 503(b )(1 ), meaning it was not intended to be disclosed to third persons other than those to whom disclosure is made in furtherance of the rendition of professional legal services to the client or those reasonably necessary for the transmission of the communication. Id. 503(a)(5). Section 552.107(1) applies to communications between a governmental body and its attorney made in confidence to further the attorney's rendering of professional legal services to the governmental body. Attorney General opinions applying section 552.107(1) have permitted governmental bodies to withhold information their attorneys have received or generated in the capacity of a legal advisor. See Open Records Decision No. 462 at 10-11 (1987) (applying section 3(a)(7), predecessor to Section 552.107(1)). The responsive information reveals meetings between OAG attorneys and co-counsel in pending litigation. These communications were not intended to be disclosed and have not been disclosed to non-privileged parties. See Tex. R. Evid. 503(a)(5). Because the information reveals confidential communications between privileged parties that were made for the purpose of providing professional legal services to the State of Texas, the OAG contends the sample of information in Exhibit B may be withheld in its entirety under section 552.107(1) of the Government Code. H. Conclusion The OAG respectfully requests a decision from the Open Records Division regarding the applicability of the argued exception as provided by the PIA. Please do not hesitate to contact me at (512) 475-4213 if you have questions or require additional information. Sincerely, )' ~ A) f ------, L/'-l--l . v· A :6 Lauren Downey Assistant Attorney General Public Information Coordinator Office of the Attorney General c: Mr. Austin Evers American Oversight 1030 15th Street NW, Suite B255 Washington, DC 20005 (without enclosures) TX-AG-19-1523-A-000003 From: Lesley French < > Date: November 14, 2019 at 12:45:54 PM CST To: David Balat < > Cc: Zina Bash < >, Elizabeth O'Connor >, Stephen Pickett < Subject: Re:  number of uninsured undocumented children > Hi David, Thank you for the information. It is interested to see the different numbers, especially with the Migration Policy Center which I would guess would estimate on the higher side? The reports I found mostly took census data and extrapolated based on percentages, so found the original sources.  1. US Census Bureau Report 2018 on Health Insurance: https://www.census.gov/library/publications/2019/demo/p60-267 html 2. US Census Bureau American Community Survey: https://www.census.gov/programssurveys/acs/news/data-releases.html?# **The new survey is supposed to be published in December 2019. What's interesting to see if what Kaiser and other groups cite for the Texas data uninsurance rates (15-20 percent) and undocumented rates (1.2-3.3 million people).   3. Georgetown Center for Children and Families 2019 study: https://ccf.georgetown.edu/wp-content/uploads/2019/10/Uninsured-KidsReport.pdf 4. Kaiser estimates the noncitizen population to be 11% in Texas. https://www.kff.org/other/state-indicator/distribution-by-citizenship-status/? currentTimeframe=0&sortModel=%7B%22colId%22:%22Location%22,%22sort%22:%22asc%22%7D Other interesting cites that may provide insights for the Texas population: 5. Texas Workforce Report 2018- TX-AG-19-1523-A-000004 2019: https://lmci.state.tx.us/shared/PDFs/Workforce_Report.pdf 6. Texas Education Agency's Enrollment numbers: https://tea.texas.gov/sites/default/files/enroll_2017-18.pdf For the children who are documented but uninsured, do we have any numbers for other types of "non-insurance" yet receiving health care? Ex. health sharing ministries or other types of arrangements? Do we have any information on how many taxpayers fill out the Form 8965 to alternative conventional coverage?  The last study I saw was from 2016 which said 12.7 million taxpayers completed the form in 2015.  Thanks, Lesley On Wed, Nov 13, 2019 at 9:52 AM David Balat < > wrote: Number of undocumented children per Migration Policy Institute https://www.migrationpolicy.org/data/unauthorized-immigrant-population/state/TX Under the age of 16 years old numbers at 129,000 Total unauthorized population 1,597,000 Number of undocumented people uninsured in Texas due to citizenship status https://www kff.org/health-reform/state-indicator/distribution-of-nonelderly-uninsuredindividuals-who-are-ineligible-for-financial-assistance-due-to-income-offer-ofemployer-coverage-or-citizenship-status/? dataView=1¤tTimeframe=0&selectedDistributions=ineligible-for-financialassistance-due-tocitizenship&sortModel=%7B%22colId%22:%22Location%22,%22sort%22:%22asc%22%7D total unauthorized population 750,000 What this information tells us is that roughly half of the undocumented migrants meet the test of being insured in Texas. Children under the age of 16 make up just over 17% of the uninsured that are undocumented migrants David Balat Director, Right on Healthcare Texas Public Policy Foundation TX-AG-19-1523-A-000005 512-472-2700   901 Congress Austin, TX 78701             -Lesley French Henneke Attorney c.   TX-AG-19-1523-A-000006 From: Lesley French < Date: September 9, 2019 at 4:55:11 PM CDT To: David Balat < > Cc: Zina Bash < > Subject: Re:  TPPF meeting > Thanks, see you then. Sent from my iPhone On Sep 9, 2019, at 3:48 PM, David Balat < wrote: > Yes ma’am Get Outlook for iOS From: Lesley French < Sent: Monday, September 9, 2019 2:27:19 PM To: David Balat Cc: Zina Bash > Subject: Re: TPPF meeting >   We had a slight schedule change. Would 1:00pm work TX-AG-19-1523-A-000007 for you? Sent from my iPhone On Sep 9, 2019, at 11:28 AM, David Balat < > wrote: Of course. I’ll be there Get Outlook for iOS From: Lesley French Sent: Monday, September 9, 2019 11:27:57 AM To: David Balat Cc: Zina Bash Subject: Re: TPPF meeting   Meant to ask if you could come to our office. 209 W.14th Street. Sent from my iPhone On Sep 9, 2019, at 9:34 AM, David Balat wrote: Yes, that’s perfect Get Outlook for iOS From: Lesley French Sent: Monday, September 9, 2019 9:33:05 AM To: David Balat Cc: Zina Bash Subject: Re: TPPF meeting   Would Tuesday at 1:15pm work? Sent from my iPhone On Sep 7, 2019, at 5:04 PM, TX-AG-19-1523-A-000008 David Balat wrote: I was informed earlier today that I’m needed in Houston with our leadership on Monday. Is Tuesday an option? Get Outlook for iOS From: Lesley French Sent: Saturday, September 7, 2019 2:05:16 PM To: David Balat Cc: Zina Bash Subject: Re: TPPF meeting   Would Monday, the 16th at 10:00am work for you? Sent from my iPhone On Sep 6, 2019, at 3:23 PM, David Balat < wrote: The 16th and 17th are fairly TX-AG-19-1523-A-000009 open and I’m happy to come to you this time. Please let me know what works best for you both. I’ll put together the structure and have something for us to discuss at our next meeting.   David   From: Lesley French < Sent: Friday, September 6, 2019 3:22 PM To: David Balat TX-AG-19-1523-A-000010 < Cc: Zina Bash Subject: Re: TPPF meeting   Hi David,   Thank you for visiting with us today. We appreciate your time and insights. We have a lot of ground to cover but look forward to working together.    Zina Bash is cc’d on this email. I know you are traveling next TX-AG-19-1523-A-000011 week but let us know when you have time in the next two weeks to get together. We can focus our time on the state response. Please pass along anything that you feel is helpful to the topic.   Thanks, Lesley     Sent from my iPhone On Sep 6, 2019, at 1:59 TX-AG-19-1523-A-000012 PM, David Balat wrote: Lesley,   Here are the materials I promised you.   1. Claims Denials and Appeals in ACA Marketplace Plans https://www.kff.org/privateinsurance/issuebrief/claimsdenialsandappealsinacamarketplaceplans/ 2. NY lawsuit against PBMs https://ag.ny.gov/pressrelease/attorneygeneralcuomosecures- TX-AG-19-1523-A-000013 27milliondollaragreementcrackdownpharmacybenefit 3. Presentation regarding PBM’s & GPO’s attached       David Balat Director, Right on Healthcare Texas Public Policy Foundation 5124722700 901 Congress Austin, TX 78701         TX-AG-19-1523-A-000014 Moody, Grace Subject: Location: TPPF Meeting - Greg (COO) & Henneke . TPPF Start: End: Show Time As: Thu 1/24/2019 2:30 PM Thu 1/24/2019 3:30 PM Tentative Recurrence: (none) Meeting Status: Not yet responded Organizer: Bash, Zina 1 TX-AG-19-1523-A-000015 Moody, Grace Subject: Location: Copy: Lunch with Robert Henneke Maudie's Cafe on Lake Austin Blvd (2608 W 7th St, Austin, TX 78703) Start : End: Fri 6/8/2018 11:45 AM Fri 6/8/2018 1:15 PM Recurrence: (none) Meeting Status : Not yet responded Organizer : Required Attendees: Hom sey, Brittany Mateer, Jeff; Starr, Brantley; Friday , June 8, 2018 11:45 AM - 1:15 PM OAG: Jeff Mateer and Brantley Starr Texas Policy: Robert Henneke Lunch at Maudie's Cafe on Lake Aust in Blvd (2608 W 7th St, Austin, TX 78703) Thank you, Brittany B. Hornsey Accessibility Coordinator and Office Manager for Executive Admi nistration Executive Assistant to Jeff Mateer, First Assistant Attorney Genera l Executive Assistant to Amanda Crawford, Deputy Attorney General for Administration and General Counsel Office of the Attorney General P.O. Box 12548 Austin , TX 78711-2548 Office (512) 936-0680 Fax (512) 936-0545 Email britta ny.hornsey@oag.texas .gov KEN PAXTON ~ rr x'>'tt.'- e'/ ' (:ll;.'l lolt'At.,.OF'l 'f\XM PRIVILEGEDAND CONFIDENTIAL:This communication may be confidential and/or privileged pursuant to Government Code Sections 552.101 , 552.103, 552.107 ,and 552.111, and should not be disclosed w it hout the express authorization of the Texas Attorney General. 1 TX-AG-19-1523-A-000016 Moody, Grace From: Sent: To: Subject: visitreg@texasattorneygeneral.gov Monday, February 25, 2019 3:47 PM Moody, Grace Visitor Check-In Message from the PDB Security Desk *** PLEASEDO NOT REPLYTO THIS MESSAGE*** You have a Visitor. Visitor Name: Robert Henneke Company: Texas Public Policy Foundation Reason: MEETING. Time: 2/25/2019 3:47:24 PM Cleared for access to: AG EXEC Escort Required: no If escort is required the visitor will remain at the PDB Security Desk pending an employee arriving to escort them. Main Security Office 512-475-3385 *** PLEASEDO NOT REPLYTO THIS MESSAGE*** This mailbox is not continuously monitored 1 TX-AG-19-1523-A-000017 Hornsey, Brittany Subject: Location: TBD Start: End: Fri 8/16/20 19 11:45 AM Fri 8/ 16/20 19 1:30 PM Recurrence: (none) Meeting Status: Accepted Organizer: Required Attend ees: Homsey, Brittany Mateer, Jeff; Lunch wit h Rob Henneke TX-AG-19-1523-A-000018 *POLICY* ORIENTATION Novembe r 7, 20 19 The Honorab le Ken Paxton Attorney Genera l of Texas Price Daniel Building Austi n, Texas 7870 1 Dear Genera l Paxton From January 22 -24, 2020, the Texas Pub lic Polic y Foundation will host its I 8th Annual Policy Orientation for the Texas Legislat ure, the state's premier public policy event, at the AT&T Hotel and Conference Center in Austin. We wo uld be hono red if you wo uld cons ider being a guest speaker for our panel session titled "One in Two Out, A Formula for Eliminating Unnecessary Regulations" scheduled for Friday, January 24, 20 19 from 11 AM to 12:15 PM. If you are unabl e to attend for any reason but would like to designate a representa tive from you r office to appear on your behalf, please let us know. Pol icy Orientation draws hundreds of legis lators and legislative staff to hear the insight of expe rt schola rs and opini on leaders like you . Our 2020 line-up brings together some of the biggest names in the Lone Star state and beyond. Designed with state policymakers in mind, these panel discussions offer an exclusive forum for discussing new ideas and solutions to the state's most pressing issues. As a leader in this policy area, we wo uld love to feature you and your wo rk. Our panel discussions, which typically fill to standin g-room -only capacity, w ill cover budge ting, property taxes , ed ucation , health care, immigration , energy, criminal justice reform and more. Previous pane lists have included members of Congress and chairs of Texas Legislative Committees, as we ll as num erous nationally known thinkers and activists. This event w ill also attract significant media attentio n, and TPPF wi ll offer opportuni t ies for you to connect w ith state and nationa l reporters and highlight your app earance on socia l media . The Texas Public Policy Foundation is a 501(c)3 non-profit, non -partisan research institute. The Foundation's mission is to promote and defend liberty, personal responsibi lity, and free enterprise in Texas by educating and affecting policymakers and the Texas public policy debate with academically sound resea rch and outreac h. Policy Orientation has grown each year since the Foundation first hosted the event in 2003 . Since then, the Texas Public Policy Found at ion has we lcomed more than 85 percent of legislative offices to the three-day forum, and eve nt registration has grown to exceed 1,000 people from in and around the capito l. Legislators and their staff turn to Texas Public Policy Founda tion to find fact- based, unbiased research and educat ional opportun ities to better enable them to lead our state . Thank you for conside ring this invitation to participate at our 18th Annual Policy Orientation. If yo u have any que stions or wou ld like to accep t our invitation, please contact me by ph one at 512.472.2700 or by ema il at Sincerely, Rod Bordelon Senior Fellow and D irtector Cente r for Economic Propsper ity Texas Public Policy Foundation TX-AG-19-1523-A-000019 12/13/2019 Mail - Homsey, Brittany - Outlook <~ Reply all v .lfilJDelete 0 Junk Block Re: Invitation to Speak at TPPF CD CD You replied on Fri 11/8/2019 10:44 AM Label: Permanent Retention Expires: Never l ------- RB --·•--· i Rod Bordelon < Fri 11/8/2019 10:43 AM Hornsey, Brittany; Jones, Landry; Sanders, Amanda ~ Thank you so much Brittany. While we are disappointed in not being able to have Gen. Paxton, I know Jeff w ill be a terrific speaker. We'll fol low up with more details soon. Please let Jeff and any other relevant individuals know they can contact me at any time if they have any questions . Thanks again. Rod Bordelon From: " Homsey, Brittany" Date: Friday, November 8, 2019 at 9:52 AM To: Rod Bordelon < Cc: "Jones, Landry" , "Sanders, Amanda" Subject : RE: Invitation to Speak at TPPF IEXTERNAL Good morning Mr. Bordelon, Thanks so much for you r interest in having General Paxton or a representative from our office speak at your event . Unfortunately, due to existing commitments, General Paxton is unable to take on any additiona l engagements at this time. However, First Assistant Attorney General Jeff Mateer is available and w ill be t here to represent the TexasAttorney General's Office. Please accept this email as confirmation. I added this appointment to First Assistant Mateer's calendar for Friday, January 24, 2020 from 11:00 AM to 12:15 PM at the AT&T Hotel and Conference Center. Please let me know if there's any other information I should be aware of for this panel discussion. Otherwise, we look forward to connecting with you there! Kind regards, Brittany B. Homsey Office Manager for Executive Administration Executive Assistant to Jeff Mateer, FirstAssistant Attorney General Office of the Attorney General P.O. Box 12548 Austin, Texas78711 -2548 Office (512} 936 -0680 • Email brittanv..hornsey_@oag.texas.gov https:l/oullook .office365 .com/mail/deeplink?version=2019120201 .18&popoutv2=1 TX-AG-19-1523-A-000020 1/1 12/16/2019 Mail - Homsey, Brittany - Outlook <~ Reply all v lffiJDelete (S) Junk Block Re: Speaking Event:TexasPublic PolicyFoundation - 18th Annual PolicyOrientation for the Texas Legislature • ·• ·••••"•• • ••• •• ••• ·• •- >< • •••-••-• ••••,.•••- ·•·•"'• •• •• - ><• • • ••• • • ••• • .. • • •••••- • ••••••••••• 0 You replied on Sat 11/9/2019 7:08 AM 0 Label: Permanent Retention Expires: Never •-• • ~ «• • •• • •• ••• •rn••·•· • ~ • •..,··-"•••••••--- • - ••» • ••• •• .. • ••• ••• .. ••••·•••••••••--• • ••-•• - •• •• •• - • • • • ,.,.,.,- .. ,.. ,.~,.,.,.~, - • ••• -• •••• •• •• • -•• -• .. • '""'''• j l l i . .......... .... -............... --· · ··.. ... ... ----·-···- -------· ··---· ··-·--·.... .,..... ·-.·-......... . ..-... ·--··-··-·--·--·· ..--........ _...,____ ................ ...... -I SA Sanders,Amanda Fri 11/8/20 19 4:59 PM Homsey, Brittany -:::;: Thanks, Brittany. I'll plan to go with him- assuming he would like that. Sent from my iPhone > On Nov 8, 2019, at 9:52 AM, Homsey, Brittany wrote: > > First Assistant Mateer will serve as guest speaker for the panel session titled "One in Two Out, A Formu la for Eliminating Unnecessary Regulations" scheduled for Friday, January 24, 2020 from 11 AM to 12:15 PM at the AT&T Hote l and Conference, 1900 University Ave, Austin, TX 78705. > > POC: > > Rod Borde lon > Senior Fellow and Director > Center for Economic Prosperity > Texas Public Policy Foundation > 512-472-2700 > > https://outtook.office365.com/mail/deeplink?version=2019120201 .18&popoutv2= 1 1/1 TX-AG-19-1523-A-000021 12/1612019 Mail - Homsey, Brittany - Outlook <~ Reply all v IfillDelete 0 Junk Block You successfully registered Jeff M ateer . ·-.. .....-·... . ....... --..... ...... ....... __,.......... _..-----·- . . ..... ----I 0 Getting too much email? Unsubscribe 0 Attachments, pictu res, and links in this message have been blocked because the sender isn't in your Safe Senders list. I trust content from mail@eventsquidrnail.com. I Show blocked content CD Label: Permanent Retention Expires: Never T Texas Public Policy Foundati on J !' Mo n 12/9/2019 1:01 PM Homsey, Brittany ~ 3RD PARTYREGISTRATION CONFIRMATION NUMBER: 232862 Event: 2020 Policy Orientation Atte ndee: Jeff Mateer For more details on Jeff Mateer 's registration or to register guests of this person (if permi tted), log into Eventsq uid and visit your MY ACCOUNT > MY EVENTSarea (https://www eventsquid .com/myaccount.cfm) and choose Jeff Matee r's Events from the event list . Do not reply to this email. Should you have any questions about the event or th is registration, please contact the event host: Name : Clint Nesmith Phone: 512-615-7971 Email: Eventsqui d [www.eventsquid.com Jwww.event squid .com https:/loutl ook.office365.com/mail/deeplink?version=2019120201.18&popoutv2=1 1/1 TX-AG-19-1523-A-000022 12/16/2019 Mail - Homsey , Brittany - Outlook <~ Reply all v @ Delete RE:TPPF Policy Orientation 0 Junk Block Registration (CFP) Label: 1 Month Sent Items Delete (30 days) Expires: Wed 1/8/2020 1:04 PM • •• HB Q •••••••• • ••• •• •• •• ••• •••••- • ••- ••••.. -•••••" "•" .. •-•-••••• '" ••••••"•• •- ••• .. • , .. _,.,_,__,__ , .... .... . .....................••-•••------•••-• --- ••"•M•••-•-----•• • ••• _,,_., ••--' J Homsey , Brittany Mon 12/9/201 9 1:04 PM Kristen BaeNeldt < ; Rod Bordelon < ; Horr Thank you Kristen. I submitted t he on line speaker registration for First Assistant Jeff Mateer . Brittany B. Homsey OfficeManager for ExecutiveAdministration ExecutiveAssistant to Jeff Mateer, FirstAssistant Attorney General Office of the Att orney Genera l P.O. Box 12548 Texas78711 -2548 Office (512) 936 -0680 • Email brittany:.hornsey_@oag.texas.gov Austin, From: Kristen Baerveldt • Sent: Monday, December 9, 2019 12:45 PM To: Homsey, Brittany Cc: Rod Bordelon Subject: TPPF Policy Orientation Registration (CFP) Hi, Brittany. Thank you confirming Jeff's partic ipation in our Policy Orientation 2020 panel entitled One in, Two Out: A Formula for Eliminating Ineffective, Unnecessary State Regulations. As Rod mentioned , Policy Orienta ti on is 1/22 -1/24 at the AT&T Hotel and Conference Center in Austin and th is panel will Friday, 1/24 from 11AM-12:15PM . NEXTSTEPS: Please CLICKHERE to register Jeff on our speaker registration page. And, if you have any staff or guests who would also like to attend the event with complimentary tickets, they can CLICKHERE to registe r separately on our speaker guest r~gistration page. Tickets w ill provide attendees with open access to t he enti re 3-day event including all the panels and keynote meals. HERE. I will be in touch soon to schedu le a To learn more about th e event and view the agenda, CLICK panelist conference call, but please feel fr ee to reach out to me with any questions in the meantime. Thanks so much! Kristen Baerveldt Events Manager Texas Public Policy Foundation 512-615-7972 https://outlook.office365 .com/mail/deeplink?version=2019120201.18&popoutv2=1 1/1 TX-AG-19-1523-A-000023 Hornsey, Brittany Subject: Location: Speaking Event: Texas Public Policy Foundation - 18th Annual Policy Orientation fo r the Texas Legislature AT&T Hotel and Conference, 1900 University Ave, Austin, TX 78705 Start: End: Fri 1/24/2020 11:00 AM Fri 1/24/2020 12:15 PM Recurrence: (none) Meeting Status : Meeting organizer Organizer: Required Attendees: Homsey, Brittany Mateer, Jeff; Sanders,Amanda First Assistant Mateer w ill serve as guest speak er for the panel session titled "One in Two Out, A Formula for Eliminating Unnece ssary Regulations" scheduled for Friday, January 24, 2020 from 11 AM to 12:15 PM at the AT&T Hot el and Confere nce, 1900 Un iversity Ave, Austin, TX 78705. POC: Rod Bordelon Senior Fellow and Director Center for Economic Prosperity Texas Public Policy Fo undat ion 512-472-2700 TX-AG-19-1523-A-000024 .. Hacker, David From: Sent : To: Cc: Subject : Attachments: Rob Henneke < Thursday, Oct ober 03, 2019 2:41 PM Birring, Sameer;Jonathan Riches;Thompson, Will Vahl, Hannah; Hacker, David; Chavez,Priscilla; Munera AI-Fuhaid; Yvonne Simental Re: Pulliam et al. v. Austin et al. - Trial Dates 2031 _001.pdf Looks good t o us. Attache d is the clean fo rmatte d copy wit h my signatu re. From: " Birrin g, Samee r" Date : Thur sd ay, Oct o ber 3, 201 9 at 1:5 2 PM To: Rob Henn eke • , Jo n Riches W ill " < >, "T hom pson, Cc: "Vah l, Han nah " , " Hacke r, Dav id" , "Chavez, Priscilla " , M u nera AI-Fuh aid < Subject: RE: Pulliam et al. v. Au stin et al. - Tri al Dates Hi everyone, Here is a red lined sched uling order wit h the proposed dates discussed during our call t oday. Sameer S. Birr ing Assistant City Attorney Cit y of Austin Law Departme nt (512) 974-30 42 sameer.bi rring@austintexas.gov From: Rob Henneke • Sent : Wednesday, October 02, 2019 16:13 To: Birr ing, Sameer ; Jonathan Riches• Thom pson, Will Cc:Vahl, Hannah ; Hacker, David ; Chavez, Priscilla ; Munera AI-Fuhaid • Subject: Re: Pulliam et al. v. Aust in et al. - Trial Dates· I sent everyo ne a calendar invite for our call to morrow. Pleaseadvise if you did not receive. Attache d are my suggested red line edits to the draft proposed sched uling orde r. From: "Birrin g, Sam eer " Date : Tu esday, Oct o b er 1, 20 19 at 10:4 7 PM To : Jon Riches· Henn eke · Cc: "V ahl, Hann ah " , Rob .gov>, "Hacker, Dav id " , 1 TX-AG-19-1523-A-000025 "Chavez, Priscill a" , Mune ra AI-Fuhaid Subject: RE: Pulliam et al. v. A ustin et al. - Trial Dates < I'm availab le Thursday, Sameer S. Birring AssistantCity Attorney City of Austin Law Department {512) 974 -3042 sameer.birring@austintexas .gov From: Jonathan Riches· Sent: Tuesday, Octob er 01, 2019 17:17 To: Thompson, Will ; Rob Henneke• •; Birr ing, Sameer Cc: Vahl, Hannah ; Hacker, David ; Chavez, Priscilla ; Munera AI-Fuhaid • Subject: RE: Pulliam et al. v. Austin et al. - Trial Dates Same here. Thanks. Jon Jon Riches Director of Nationa l Litigat ion & General Counsel Goldwater Insti tu te I www.Goldwaterlnstitute.org Please join us on Friday, November 8, for our 2019 Annual Dinner with U.S. Represen tat ive Dan Crenshaw and Jason Chaffetz of Fox News. To registe r or for more information, please visit our event page here. RSVPTODAYto guarantee the best seat! CONFiDENTlf.\ UT'f NOTJCt: The information contcinc:d in this me ssag0 is privi!eged ancl conf ident!al. it is inte nded only t,.,'1be ri?adby thP.indtvidu<1 l or 2nt !ty ndnv?-d,::iboveor their Oeslgnee. Ar:y dfStribut ion of th ls n:~ess:ageby a ny pe rson who is no t the inten ded recipien t is st rictly prn hlbiH Sent: Tuesday, October 01 , 2019 3:15 PM To: Rob Henneke· ; Birri ng, Sameer ; Jonat han Riches Cc:Vahl, Hannah ; Hacker, David ; Chavez, Priscilla ; Munera AI-Fuhaid < Subject: RE: Pulliam et al. v. Aust in et al. - Trial Dates Both tomo rrow afte rnoon and Thur sday work for me. Will Thomp son Special Couns el for Civil Lit igat ion 2 TX-AG-19-1523-A-000026 Office of the Attorney General 209 West 14th Str eet Austin, Texas (5 12) 936 -2567 From: Rob Henneke Sent: Tuesday, October 1, 2019 4:59 PM To: Birring, Sameer ; Jon Riches, ·; Thompson, Will Cc:Vahl, Hannah ; Hacker, David ; Chavez, Priscilla ; Munera AI-Fuhaid < Subject: Re: Pulliam et al. v. Austin et al. - Trial Dates Is everyo ne available for a call t omo rrow afternoon or Thur sday to discuss? I cannot do Friday. Sameer- it sounds like Nicks availability is a maybe . What's th e conflic t? Pis. everyone have available dat es, including witness availability, when we have ou r call. We've been discussing trial dates for nearly 10 weeks & need to get someth ing locked in. Thanks. From: "Birrin g, Sameer" Date: Monday , September 30, 2019 at 5:33 PM To: Rob Henn e ke· , Jon Riches · Cc: "Va hl , Han nah" , "Thomp son, Will" , "H ac ker , Dav id" , "Ch avez, Priscilla" Subject: RE: Pulliam et al. v. Austin et al. - Trial Date s Hi Rob and Jon, I would pro pose a sched uling order along th e lines of the attac hed. However, I learned today that Nicks is likely not availab le th e week of March 2, so we may need to rework these dates. I th ink that having a call to discuss these issues is a good idea; thanks for suggesting that. Does this Friday work? Sameer S. Birring Assistant City Attorney City of Austin Law Department (512) 974-3042 sameer.birring@austintexas .gov From : Rob Henneke · Sent: Monday, Septem ber 30, 2019 11:31 To: Jonathan Riches • Vahl, Hannah ; Birr ing, Sameer Cc: Thom pson, William ; Hacker, David ; Chavez, Priscill a Subject: Re: Pulliam et al. v. Austin et al. - Tria l Dates 3 TX-AG-19-1523-A-000027 Hannah & Sameer - the email thread below shows we've already been conferring for over 6 weeks on t his. If you're still work ing on a scheduling order, would you at least approve as to form the proposed orders setting the trial date, so we can get t his noti ced w it h t he Court? Or, should we schedu le a call this week to discuss any remain ing issues? Rob From: Jon Riches , Date: Monday, September 30, 2019 at 11:21 AM To: "Vahl, Hannah " , Sameer" Rob Henne ke< ,, "Birr ing, Cc: "T homp so n, William" , "Hacker, David" , "Chavez, Priscilla" Subject: RE: Pulliam et al. v. Austin et al. - Trial Dates Hi Hannah, Any word on Nicks's availability and a scheduling orde r? As you might imag ine, settings are already starting to creep into March. Thanks, Jon From: Vahl, Hannah Sent: Monday , September 23, 2019 7:05 AM To: Rob Henneke• . Jonathan Riches Sirring, Sameer Cc:Thomp son, William ; Hacker, David ; Chavez, Priscilla Subject: RE: Pulliam et al. v. Austin et al. - Trial Dates Rob, Jon: Flores, Paulsen, and Woolverton have all confirmed their availability for the week of 3/2/20 . We are awaiting confi rmati on that Nicks is available. We plan t o circulate a proposed scheduli ng order shortly that would include matters such as pretrial exchange of exhibit lists. Thank you, Hannah From: Rob Henneke • Sent: Thursday, September 19, 20 19 5:31 PM To: Jonathan Riches· Vahl, Hannah ; Birring, Sameer 4 TX-AG-19-1523-A-000028 Cc: Thompson, William ; Hacker, David Subject: Re: Pulliam et al. v. Austin et al. - Trial Dates >; Chavez, Hannah -wo uld you also confirm agreement as to the draft orders, updated to the March 2 t rial date? Thanks, Rob From: Jon Riches · Date: Thursday, September 19, 2019 at 5:30 PM To: "Vahl, Hannah" , Rob Henneke• ·, "Birring, Sameer" Cc: "Thompson, William" , "Hacker, David" , "Chavez, Priscilla " Subject: RE: Pulliam et al. v. Austin et al. - Tria l Dates Hi Hannah, Plaint iffs are available the week of Mar. 2. We have also consulted with TXAG, and they are ava_ilable tha t week . We intend to call the City witnesses we deposed: Flores, Nicks, Paulsen, and Woolverton. Can the City please confirm their availability? Best, Jon Jon Riches Director of Nat ional Lit igation & General Counsel Goldwater Instit ute I www.Goldwate rl nstitute.org CONFIDENTIAUTYNOTICE: Tht?informiit!on cootc1ined ~n this nu;:ssage is priviieged and c0nfid~ntia i, l1.is ~nti~nded on !y t o be read by the incHviOuaf or en iit y ;)~:'f:ed <1bvveor t.h(~ir designee. Any dist ribut ion of· this rness,:1geby ~ny Pf(SOn \\/ho is no t: tht~inte nde d reci pien t is strictly proh ibited . ff y ou have recei ved t hi~; rriess.ageb err(:r, do n~) t re:;d :t P!e~se im rned i:;!te1y n()tay the sender and dele te it . Than k ym, , From: Vahl, Hannah Sent : Tuesday, September 17, 2019 11:55 AM To : Rob Henneke• Birring, Sameer Cc:Thomp son, William ; Hacker, David ; Jonathan Riches· Chavez, Priscilla Subject : RE: Pulliam et al. v. Austin et al. - Trial Dates David, Rob: Unfortunately, I have just been put on a case that has a trial set for February 10, 2020 and which cannot be moved . Sameer and I are both available during the weeks of March 2 or 9, which are both non-jury weeks (although we will need to doubl e check that our witnesses are available then). Can we do one of those weeks instead? We prefer March 2 betw een thos e two weeks. I apologize for the inconven ience. s TX-AG-19-1523-A-000029 Thank you, Hannah From: Rob Henneke , Sent: Tuesday, September 17, 2019 1:06 PM To: Sir ring, Sameer ; Vahl, Hannah Cc: Thompso n, W illiam ; Hacker, David ; Jonatha n Riches Chavez, Priscilla Subject : Re: Pulli am et al. v. Austin et al. - Trial Dates Sameer / Hannah -Are t hese orde rs approved as to fo rm on you r end? From: "Hacker, David " Date : M onday, Septe mber 16, 2019 at 12:08 PM To: "Sirrin g, Sameer" , "Vahl, Hannah" , Rob Henneke Jon Riches · , Chance Weldon · Cc: "Thom pson , W illiam" Subject : FW: Pulliam et al. v. Austi n et al. - Trial Dat es "Chavez, Pri scilla" Sameer and Hann ah. Do these prop ose d orders setting the trial look okay to you? Counsel for the privat e plain tiffs approved them . · I'm also copying my colleague, \Vill Thompson , who will be handling the day to day of this case for OAG going forward . Best, David David .J. Hacker Special Counsel to the First Assi.stant AUorney General Office of the Attorney General 209 W. 14th Street, !vlC-001 Austin, Texas 78701 512-93G-23;30 (o) David.Ifacker (iv-oasr.te xa s .gov From : Hacker, David Sent : Monday, August 26, 2019 4:58 PM To: Rob Henneke · Sirri ng, Sameer ; Vahl, Hannah ; Chavez, Priscilla ; Chance Weldo n Jonath an Riches· Subject: RE: Pullia m et al. v. Aust in et al. - Trial Dates 6 TX-AG-19-1523-A-000030 Hi all, Attached ar e drafts of an Agreed Order setti n g this matter for tr ial the week of Feb. 17, 2020 and a n Ag-reed Notice of Tri a l. Pleas e reply all if you have any edit.s. Thanks, David David J . Hack e r Speci.c1-lCounsel to the First Assistant. Attorney General Office of the Attorney General 209 W. 14 th Street, 1\fC-001 Aust~~Texas78701 r-: 0 12· . . · · 9•:>l' •.H)·-• 9'3 '3( •. ) ( 0 ,) Dav id .Hacke1>t~oag. texas.gov From: Rob Henneke < Sent: Friday, August 23, 2019 9:24 AM To : Sirring, Sameer ; Vahl, Hannah ; Chavez, Priscilla ; Chance Weldon< ; Jonathan Riches c Subject: Re: Pulliam et al. v. Austin et al. - Trial Dates ; Hacker, David The court house is closed Feb. 17 for President's day, so this would be Feb. 18 - 21. From: Rob Henneke , Date: Friday , August 23, 2019 at 9:21 AM To: "Sirring, Sameer " Cc: "Vahl , Hannah" , "Chavez, Priscilla !' , Chance Weldon · " Hacker , David" , Jon Riches Subject: Re: Pulliam et al. v. Austin et al. - Tria l Dates Sameer, Looks like we're in agreement for a Feb. p trial date . Thanks, Rob From: " Sirring , Sameer" Date: Monday, August 19, 2019 at 5:12 PM To: Rob Henneke · Cc:"Vahl, Hannah" , "Chavez, Priscilla" , Chance Weldon c "Hacker, David " , Jon Riches Subject: RE: Pulliam et al. v. Austin et al. - Trial Dates 7 TX-AG-19-1523-A-000031 Hi Rob, I can' t agree to do tha t. Our paralegal is on a jury tr ial with another lawyer on Octobe r 28 (that tr ial is also in federal court) and Hannah has a ju ry tr ial t he follow ing week. Beyond our own conflic ts, th ere's also the issue of the Court's availability t wo mont hs out. Currently, there are 21 sett ings, totaling 325 hours, on the Travis County District Court's long docket for October 28. The chance of the Court getting to another set t ing (parti cularly o ne seeking 18-24 hours) that week is slim to no ne. I've seen situation s w here a case is set for bench t rial on the long docket and not reached because the docket is too full; th e result ends up being that t he court tells everyone t hat the case has to be re-set for another week . This would be fr ustrati ng for all parties (I would think particularly so fo r Jon comi ng from out-of- t own). I' m sure all of us w ho practice in Travi s County have heard War ren' s admonit ions to not add sett ings onto already fu ll dockets. In July, you said yo u expect th is to be a 3-4 day t rial. If it' s going to be that long, we're going t o have to find a week when the Long Docket has suffic ient availabi lity. We' re still available t wo of th e weeks Jon suggested on Friday- Febr uary 3 and 17. We don't have a preferen ce between .those tw o weeks, but looking at t he Court's availability, I think the lJth might be the safer cho ice as it has on ly six settin gs so far, to ta ling 90 hours. Sameer S. Sirring Assistant City Attorney City of Austin Law Departm ent (512) 974-3042 sameer.birring@austintexas .gov From: Rob Henneke · Sent: Friday, August 16, 2019 14:12 To: Sirr ing, Sameer ; Jonathan Riches• Cc: Vahl, Hannah ; david.hacker@oag.texas .gov; Chance Weldon Subject: Re: Pulli am et al. v. Austin et al. - Trial Dates Sameer, Would yo u agree to a week of Oct. 28 setting as a backup on the conditio n / in the event that you r federa l case is resolved or continues by the end of Septemb er? Thanks, Rob From : " Birrin g, Samee r" To: Jon Riche s · Cc: "V ahl, Hannah" , "Hacker, Dav id " , Rob Right, my other conflict is a federal case. 8 TX-AG-19-1523-A-000032 Sameer S. Birr ing Assistant City Attorney City of Austin Law Department (512) 974-3042 sameer.birring@austintexas.gov From: Jonat han Riches · Sent : Friday, August 16, 2019 13:24 To: Birr ing, Sameer Cc:Vahl, Hannah ; david.hacker@oag.texas.gov; Robert Henneke Chance Weldon Subject: Re: Pulliam et al. v. Austin et al. - Trial Dates Thanks for t he quick response, Sameer. Unless I'm reading t he calendar incorrect ly, I th ink that 's a non-j ury week? From: " Birring , Samee r " Date: Friday , A ugust 16, 2019 at 11:18 AM To: Jonathan Riches · Cc: "Va hl , Hann ah " , "david.hacker@oag.texas.gov" , Ro bert Henneke · Chance Weldo n Subject : RE: Pulliam et al. v. Austin et al. - Trial Dates Hi Jon, Unfortuna t ely I can't do that as I have anot her case scheduled for jury trial that wou ld conflict. Sameer S. Birring Assistant City Att orney City of Austin Law Department (512) 974-3042 sameer.birring@austintexas.gov From: Jonat han Riches Sent: Friday, August 16, 2019 12:50 To : Birring, Sameer Cc:Vahl, Hannah ; david.hacker@oag.texas.gov; Robert Hen neke · Chance We ldon Subject: Re: Pulliam et al. v. Austin et al. - Trial Dates Thanks, Sameer. Plaintiff s and Plaintiff-lntervenors are also available week of Oct. 28. If that works for yo u all, that would be preferable. 9 TX-AG-19-1523-A-000033 Best, Jon From: "Birring, Sameer" Date: Thursday , August 15, 2019 at 5:27 PM To: Jonat han Riches · Cc: "Vahl, Hannah " , "dav id.hacker@oag.te xas.gov" , Robert Henneke< , Chance Weldon Subject: RE: Pulliam et al. v. Austin et al. - Trial Dates Hi Jon, Out of the weeks you mentio ned, t he December 16 week we' re not available, but it looks like both of those February weeks should work. Sameer S. Birr ing Assistant City Attorney City of Austin Law Department (512) 974 -30 42 sameer.birring@austintexas.gov From : Jonatha n Riches · Sent : Wednesday, August 14, 20 19 18 :20 To: Birring, Sameer ; Vahl, Hannah ; david .hacker@oag.texas.gov; Robert Henneke· ; Chance We ldon Subject : Pulliam et al. v. Austin et al. - Trial Dates Hi Hannah and Sameer : I'd like to confer on possible tria l dates. Are th ere t rial weeks that do/do not work for this matter fo r remainder of the year. The early part of the week of Dec. 16, and wee ks of Feb. 3 and Feb. 17 are looking relativ ely clear for Plaintiffs and Plaint iff-Intervenor . Do any of t hese wor k on your end? Best, Jon Jon Riches Director of National Litigation & General Counsel Goldwater Instit ut e I www.Goldwater lnstitute.org Celebrating 30 Years of Advancing Freedom and Defending Liberty . 10 TX-AG-19-1523-A-000034 CONF!DEt~TIAL!TY NOTICE The information contained in this message is "'""'""''"n and confidential. It is intended only to be read by is nol tile intended recipient is siticl!y prohibited. lf you named above or their designee. Any distribution of this message by any person rness21gein error. do not read it F'lease immediately notify the sender and delete it. Thank you erilailwas CAUTION:This receivea:a!~~e'Cityli'{fi.~~~in)froryi anEXTERNAlsource; _Please usetaµtion when clicking links or opening c;1ttachments.!f1/oubeliev~thislo q~~;fD?liciousand/orf)hishing.email; please forward this.email to CS!RT@au.st1nte~as,gov~ 11 TX-AG-19-1523-A-000035 Hacker, David From: Sent: To: Subject: Rob Henneke • Wednesday, July 10, 2019 10:48 AM Diana Nobile; Huette Merrell; Yvonne Simental; lit igat io n@goldwaterinstitute.org; Chance Weldon; sameer.birring@austintexas.gov; hannah.vahl@austintexas.gov; Hacker, David; ONeill, Haley; John Stewart Re: Pulliam et al. v. City of Austin et. al. (Cause No. D-1-GN-16 -00430 7) We'll submit a notice of hearing. From: Vicky Me scher Date: Wednesday, July 10, 2019 at 11:13 AM To: Diana Nobile· ·, Rob Henneke, Cc: Huette Merrell , Yvonne Simental< "litigation@goldwaterinstitute.org" , Chance Weldon "sameer.birring@austintexas.gov" , "hannah.vahl@austintexas.gov" , "Hacker, David" , "haley.oneill@oag.texas.gov" , John Stewart Subject: RE: Pulliam et al. v. City of Austin et al. (Cause No. D-1-GN-16-004307) Counsel, Motion to Enter is set for July 18th at 2:00pm as agreed by all part ies. Judge Meachum is authorizing the setting on central Civil Docket (preferential setting before Judge Meachum) and the Court announced ready as well. Please file Notice of Hearing. Judge Meachum is also allowing Defendant AFA to appear by phone. The Court's cont act number is 512-854-9305. Thank you . V~7'f~ CourtOperationsOfficerfor the Hon.AmyClarkMeachum 201" DistrictCourt HemanMarionSweatt TravisCountyCourthouse I000Guadalupe St.Suite327 Austin,TX78701 Email: vicky.mescher@traviscountytx.gov Ph:512-854-9319; 512-854-9305 Fax:512-854-2268 P.O.Box 1748 Austin,Texas 78767 1 TX-AG-19-1523-A-000036 This electronic mail message, including any attachments, may be confidential or privileged under applicable law. This email is intended solely for the use of the indiv idual or entity to which it is addressed. If you are not th e intend ed recipient of this email, you are notifi ed that any use, dissemination, distribution, copying, disclosure or any other action taken in relation to the content of th is emai l including any attachments is strictly prohibited. If you have received this emai l in error, please notify the sender imm ediately and permanentl y delete the original and any copy of this email, includ ing secure destruction of any printouts. From: Diana Nobile [mailto: Sent: Wednesday, July 10, 2019 9:55 AM To: Rob Henneke Cc: Vicky Mescher; Huette Merrell; Yvonne Simental; litigation @goldwaterinstitute.org; Chance Weldon; sameer.birring@austintexas.gov; hannah.vahl@austintexas.gov; david.hacker@oag.texas.gov; haley.oneill@oag.texas.gov; John Stewart Subject: Re: Pulliam et al. v. City of Austin et al. (Cause No. D-1-GN-16-004307) Ms. Mescher, Defendant AFA requests to appear telephonically on July 18, and th e Plaintiffs consent to this request. Thank you, Diana J. Nobi le 'McGillivary Steele Elkin LLP 1101 Vermont Ave. NW Suite 1000 Washington, DC 20005 (202) 833-8855 ·wrote: On Jul 10, 2019, at 10:41 AM, Rob Henneke< Ms. Mescher , Thank you for your emai l and the Court's time. All parties are available & in agreement t o have the hearing on July 18 at 2pm. Do you require us to submit a Not ice of Hearing, or is this email sufficient to confirm the setting with Judge Meachum? Thank you, Rob Henneke Attorney for Plaintiffs From: Vic ky Mescher Date: Monday , July 8, 2019 at 12:07 PM To: "litigation@goldwaterinstitute.org" , Rob Henneke , Chance Weldon • "sameer .birring@aust intexas.gov" , "hannah .vahl@austintexas.gov" , " Hacker, David " , 2 TX-AG-19-1523-A-000037 "haley .oneill@oag.texas.gov " , ' Cc: Huette Merrell Subject: FW-: Pulliam et al. v. City of Austin et al. (Cause No. D-1-GN- 16-004307) Counsel, Judge Meachum will set this case on a Motion to Enter hearing. Below is the Court's availability: July 18 th at 9am; 2pm . August 13th at 9am; 2pm August 14th 9am; 2pm August 15th 9am or 2pm Please confer and get back with me with a date that you all agree based on the date s provided above. Thank you. r~~~ CourtOperations Officerfor theHon.AmyClarkMeachum 201st DistrictCourt HemanMarionSweatt TravisCountyCourthouse l 000Guadalupe St.Suite327 Austin,TX78701 Email:vicky.mescher@traviscountytx.gov Ph:512-854-93 l 9;512-854-9305 Fax:512-854-2268 P.O.Box1748 Austin,Texas78767 This electronic mail message, including any attachments, may be confidential or privileged under applicable law. This email is intende d solely for t he use of the individual or entity to which it is addressed. If you are not the intended recipient of this email, you are notified tha t any use, dissemination, distribution, copying, disclosure or any ot her action taken in relation to the content of this email including any attachments is strictly prohib ited. If you have received th is email in error, please not ify the sender immediately and permanent ly delete the original and any copy of th is email, includin g secure destruction of any printouts. From: Huette Merrell Sent: Friday, June 28, 2019 4:13 PM To: Vicky Mescher Subject: FW: Pulliam et al. v. City of Austin et al. (cause No. D-1-GN-16-004307) - Proposed Orde rs (2 of 2) 3 TX-AG-19-1523-A-000038 From: John Stewart [mailto : sent: Friday, June 28, 2019 3 :20 PM To: Huett e Merrell Cc: Diana Nobile; Blackwelder, Ruth ; Sirring, Sameer; Vahl, Hannah; Chavez, Priscilla; Hacker, David; Jonathan Riches; Yvonne Simental; Rob Henneke; Munera AI-Fuhaid; Kris Schlott Subject : Pulliam et al. v. City of Austin et al. (ca use No. D-1-GN- 16-004307) - Proposed Orders (2 of 2) :CAUJ:ION~ Il;lis email is fr~rn QUISlOE Jravls County:, llinks··or~attachmJ~nhd:ffaf!Qel ?it;3;;;). i~k~li out.ton above if OU think this,email -ls,rnalit.io~s.: .~t·j;;r~i)lilflii!i1. 6~n"'ero'us.Ofickthe PnisfL~Jel't M s. Mer rell: Attac hed here is Interveno r-Defendant Austin Firefigh t ers Associat ion ("A FA"), Local 975's proposed o rder regarding its Applicati o n for Fees, Cost s, Expenses, and Sanctio ns, pursuant t o t he Cou rt 's June 4, 2019 lett er order in Pulliamet al. v. Austin et al. (Cause No. D-1-GN-16-004307 ). Unfor tunately, t he parti es have not been able to reach agreement as to the form of thi s order. Specifi cally, the plaint iffs have o bject ed to the Court including t he language highlighte d in th e docume nt attac hed here and t it led " Pro posed Order Grantin g Motion for Fees, Cost s, Expenses, and Sancti o ns (Plainti ffs' Obj ections)." AFA respectfull y requests th at t he Court enter it s proposed ord er, att ached here and titl ed "AFA's Prop osed Order Grant ing Moti o n for Fees, Cost s, Expenses and Sanct io ns (Clean Copy)." The disputed language reflec ts th e stat uto ry st andard fo r awarding cost s, f ees, expenses, and sanct ion s pursuant to t he Texas Citizens Partici patio n Act, Tex. Civ. Prac. & Rem. Code §§ 27.00 1-011, and it is o ur position t hat it accurat ely reflects th is Court 's ruling and shoul d be included in t he o rder. Please let me know if you have any quest io ns or concerns. Thank yo u, John W. Stewart Associate McGILLIVARYSTEELE ELKINLLP 1101 Vermon t Ave., NW., Suite 1000 Washington, DC, 20005 (202) 833-8855 (main) (202) 452- 1090 (fax) This electronic message transmission contains information from the law firm of McGill ivary Steele Elkin LLP which may be confidential and p1ivileged. The information is intended to be for the use of the individual ent ity named above. If you are not the intended recipient, be aware that any disclosure , copying, distribution or use of the contents of this information is proh ibited. If you have received this electronic transmission in en-or, please notify us by telephone (202) 833-8855 or by electronic mail (info@.mselabor law.corn) . 4 TX-AG-19-1523-A-000039 ************************************************************************************** This electronic mail message, including any attachments, may be confidential or privileged under applicable law. This email is intended solely for the use of the individual or entity to which it is addressed. If you are not the intended recipient of this email, you are notified that any use, dissemination, distribution, copying, disclosure or any other action taken in relation to the content of this email including any attachments is strictly prohibited. If you have received this email in error, please notify the sender immediately and permanently delete the original and any copy of this email, including secure destruction of any printouts. 5 TX-AG-19-1523-A-000040