UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN
THOMAS J. HOLMES, et. al., Plaintiffs v.
Case No.: 14-CV-208
JOHN DICKERT, et al., Defendants
PLAINTIFFS’ SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION TO COMPEL ELECTRONICALLY STORED INFORMATION
Plaintiffs, by and through counsel, and in supplement of their previously-filed Memorandum of Law in Support of Their Motion to Compel Electronically Stored Information (Doc. No. 116) (“Memorandum”), submit the following additional information in support of their argument that the Municipal Defendants should be compelled to produce all relevant, responsive, non-duplicative electronically stored information (“ESI”) located on the City of Racine’s archive tapes: In their Memorandum, Plaintiffs referenced a number of specific terms from a list generated by the Municipal Defendants’ third-party ESI vendor containing the number of “hits” for individual search terms found in certain City employees’ e-mails from June 2009 – present to support their contention that relevant ESI is also located on the City’s archive tapes. For the sake of completeness, Plaintiffs are attaching the entire list of “hits” for the search terms run against certain City employees’ e-mails from June 2009 – present. (Ex. A, Search Term Results). 1
1
The “Privileged and Confidential” designation on this document was erroneously inserted by the Municipal Defendants’ third-party ESI vendor, which was confirmed by counsel for the Municipal Defendants.
Case 2:14-cv-00208-JPS Filed 02/18/15 Page 1 of 3 Document 118
Additionally, when conducting a review of recently-produced ESI late last evening, Plaintiffs located numerous e-mails that directly support their RICO allegations. In one such communication, Beth Pramme, who worked on John Dickert’s 2011 mayoral campaign, noted that the campaign accepted “several illegal contributions” and that the campaign’s bank account—which was never audited by anyone other than Mary Jerger—was “incorrect,” and had been “for several years now.” (Ex. B, July 14, 2011 E-mail from B. Pramme to M. Jerger and J. Dickert). In another, members of John Dickert’s campaign team discussed how certain donors had reached their individual contribution limits and discussed ways to skirt the law, such as improperly attributing contributions to non-donors. (Ex. C, Mar. 10, 2011 E-mail from B. Pramme to M. Jerger). Importantly, John Dickert received both of the aforementioned e-mails and was therefore acutely aware that members of his campaign team were undertaking efforts to hide illegal campaign contributions. Plaintiffs are entitled to discover whether similar e-mails are located on the City’s archive tapes—archive tapes the Municipal Defendants are wrongly attempting to shield from discovery. WHEREFORE, for the above discussed reasons, this Court should enter an Order compelling the Municipal Defendants to produce relevant, responsive electronically stored information located on the City of Racine’s archive tapes, and to bear the costs associated with same. Respectfully submitted, KOHLER & HART, S.C. By:
/s/ Martin E. Kohler Martin E. Kohler, Esq. WI State Bar No. 1016725 mekohler@kohlerandhart.com 735 N. Water Street, Suite 1212 Milwaukee, Wisconsin 53202
2 Case 2:14-cv-00208-JPS Filed 02/18/15 Page 2 of 3 Document 118
(414) 271-9595 Attorney for the Plaintiffs SEGAL MCCAMBRIDGE SINGER & MAHONEY, LTD. By:
/s/ Steven A. Hart Steven A. Hart IL State Bar No. 6306516 shart@smsm.com Brian H. Eldridge IL State Bar No. 6281336 beldridge@smsm.com 233 S. Wacker Drive, Suite 5500 Chicago, Illinois 60606 (312) 645-7800 Attorney for Plaintiffs
3 Case 2:14-cv-00208-JPS Filed 02/18/15 Page 3 of 3 Document 118