Plaintiff, DEFENDANT'S INTERROGATORIES, REQUEST. Defendant. City of Bloomington ( Bloomington ) and demands that Plaintiff Tony Webster ( Webster )

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1 Electronically Served 3/18/2016 5:09:04 PM Hennepin County, MN STATE OF MINNESOTA COUNTY OF HENNEPIN Tony Webster, v. The City of Bloomington, Plaintiff, Defendant. DISTRICT COURT FOURTH JUDICIAL DISTRICT Case Type: Other Civil Case No. 27-CV DEFENDANT'S INTERROGATORIES, REQUEST FOR PRODUCTION AND REQUESTS FOR ADMISSION TO PLAINTIFF, FIRST SET TO: Plaintiff, above-named, and his counsel, Julian C. Zebot and E. Casey Beckett, Maslon LLP, 330 Wells Fargo Center, 90 South Seventh Street, Minneapolis, Minnesota Pursuant to Rules 26 and 33 of the Minnesota Rules of Civil Procedure, Defendant The City of Bloomington ( Bloomington ) and demands that Plaintiff Tony Webster ( Webster ) respond to the requests set forth below within thirty (30) days. For purposes of these interrogatories, requests for production of documents, and requests for admission, the following definitions and instructions apply: DEFINITIONS AND INSTRUCTIONS 1. The words Plaintiff, Webster, you, and your refer to the party or parties to whom these interrogatories are directed and all other persons acting on behalf of such party including, but not limited to, attorneys and their associates, investigators, agents, employees, representatives, or others who are in possession of or who may have obtained information for or on behalf of this answering party. 2. The words person and individual refer to any natural person or any association, joint venture, partnership, corporation, or other legal or business entity. 1

2 3. The word identify when used in reference to a natural person means that you shall state the following information: a. Full name; b. Age; c. Current or last known address and telephone number; d. Current or last known employer and position with employer. 4. The word document means any written, printed, typed, or other graphic matter of all kinds, all sound recording or transcripts, all photographic, videotape, or other visual records, including all copies of documents by whatever means made. 1. Communication means any conveyance of meaning or information by any mode or medium, including but not limited to telephone, electronic mail, telegraph, correspondence, and any written or spoken language between two or more persons. 2. Identify means (regardless of whether any claim of privilege is asserted), with respect to a document, to either produce the document for inspection and copying or to set forth the following information: a. Its nature (e.g., letter, memoranda, report, etc.); b. The date the document bears or, if undated, the date it was written or created; c. The identity of the author; d. The identity of the recipient and all persons receiving copies of the document; e. Its file number or other identifying mark or code; f. Its general subject matter; and g. Its present or last known location and custodian.

3 3. The singular form of a word shall refer to the plural as well, and words used in the masculine gender also include the feminine. 4. Concerning means relating to, referring to, describing, establishing, demonstrating, evidencing, and/or constituting. 5. The Data Request means the December 23, 2014 data request that you sent to Bloomington and attached as Exhibit A to your Complaint. 6. The Amici means Public Record Media, the Minnesota Coalition on Government Information, and Mr. William Bushey, and all other persons acting on behalf of each of them including, but not limited to, attorneys and their associates, investigators, agents, employees, representatives. 7. If any of the information or documents requested by Defendant are to be withheld by Plaintiff on the basis of any objection, including without limitation any objections based upon the attorney-client privilege or work product doctrine, for each such item of information and each such document, specify the following: (a) the title of the document or other identifying data; (b) the identity of the author of the document or information and any other persons who assisted in the preparation of the document or information; (c) the date of the document or information; or if no date is known, the approximate date that the document or information was generated; (d) a description of the general subject matter addressed in the document or to which the information relates; (e) the identity of each person having received the original or copies of the document or information; (f) if the document or information in question was, but no longer is, in the possession of Plaintiff state what disposition was made of the document or information, and identify each person having possession, care, custody or control of the original or copies of

4 the document or information; and (g) a statement as to the basis upon which Plaintiff has withheld production of the document or information in question. 5. All information and documents that are the subject of this first series of discovery requests are deemed to be in the possession, custody, or control of Plaintiff if: (a) they are in the possession, custody, or control of Plaintiff (which, by definition, includes without limitation Plaintiff s agents, attorneys, accountants, and other representatives); (b) they are in the possession, custody, or control of any other person retained by or providing services to Plaintiff; or (c) Plaintiff has the right or ability to secure the information or document (or a copy of the document) from any individual or entity who has possession, custody, or control of the information or document. In responding to these discovery requests, Plaintiff must make a diligent search for all responsive information and documents that are within Plaintiff s possession, custody, or control. 6. Defendant specifies that the form of production of electronically-stored information in response to these requests is to be Bates-labeled, single-page TIFF files, with accompanying searchable text, in a load file compatible with Summation that includes file metadata, or in another reasonably usable format but only by agreement of the parties. Excel and PowerPoint files should be produced in native form. All native files and original metadata shall be preserved for the duration of the litigation. INTERROGATORIES INTERROGATORY NO. 1. Identify the name, title, current address, and telephone number of any person answering these interrogatories on your behalf or assisting you in answering these interrogatories.

5 INTERROGATORY NO. 2. State the name, address, and telephone number of each person known to you whom you believe has knowledge of any fact relating to the allegations in your Complaint, and for each such person set forth your understanding of the facts known by the person. INTERROGATORY NO. 3. State the name, address, and telephone number of each person who drafted or participated in drafting the Data Request. INTERROGATORY NO. 4. State the name, address, and telephone number of each person who attended the February 20, 2015 or March 6, 2015 data inspections. INTERROGATORY NO. 5. With reference to paragraph 12 of your September 8, 2015 Affidavit, identify the software that the computer lacked. INTERROGATORY NO. 6. With respect to your requested relief in your Motion to Compel, outlined on page 2 in your Memorandum in Support of Motion to Compel, identify the software and equipment that is necessary and sufficient... to inspect responsive data. INTERROGATORY NO. 7. With reference to paragraph 13 of your September 8, 2015 Affidavit, identify the other important features. INTERROGATORY NO. 8. With reference to paragraphs 12 and 19 of your September 8, 2015 Affidavit, identify each of the technical limitations and restrictions that you contend existed on the computers Bloomington provided for your inspections. INTERROGATORY NO. 9. With reference to paragraph 28 of your September 8, 2015 Affidavit, identify the other intimidating and improper actions undertaken by Bloomington. INTERROGATORY NO. 10. Identify all of the metadata that you contend Bloomington should have made available to you for your inspection.

6 INTERROGATORY NO. 11. State the basis for your assertion, in on page 5 of Plaintiff s Reply in Support of Motion to Compel that a significant amount of data that the City maintains electronically was provided in paper, rather than in native format.... and in paragraph 30 of your October 23, 2015 Supplemental Affidavit, that [a]mong these paper documents were documents that were originally created and being maintained by the City in electronic format... INTERROGATORY NO. 12. State the basis for your assertion, in paragraph 35 of your October 23, 2015 Supplemental Affidavit, that Bloomington edit[ed] an attachment to delete large amounts of content. INTERROGATORY NO. 13. State the basis for your assertion, in paragraph 36 of your October 23, 2015 Supplemental Affidavit, that Bloomington destroyed data. INTERROGATORY NO. 14. State the basis for your contention that the Minnesota Government Data Practices Act requires Bloomington to provide native copies of electronic documents. INTERROGATORY NO. 15. State the basis for your contention that the Minnesota Government Data Practices Act requires Bloomington to allow you to inspect electronic data on your own personal equipment. INTERROGATORY NO. 16. With reference to paragraph 31 of your Complaint, and in particular your allegation that The City also attempted to intimidate Webster by... making false statements about Webster in the press, describe in detail every allegedly false statement to which this allegation refers, the basis, if any for your allegation that the statement is false, and the basis, if any, for the allegation that it was made by Bloomingon to attempt to intimidate you.

7 INTERROGATORY NO. 17. With reference to paragraph 72 of your Complaint, and in particular your allegation that City Attorney Johnson falsely identified Webster as an apparent agent of Black Lives Matter in a statement to the media, describe in detail all efforts you have made, if any, to disclaim that your actions in seeking data from Bloomington are intended in whole or in part to benefit persons who identify themselves with Black Lives Matter. INTERROGATORY NO. 18. With reference to paragraphs 93 and 95 of your Complaint, (a) provide a detailed explanation of how you allege to have been damaged, including an a description of the nature of the alleged injury; (b) provide a detailed explanation of how those damages were caused by Bloomington s alleged violations; (c) identify the precise dollar amounts that you seek as compensation for all such damages (including the specific amounts of any compensation that you seek as reimbursement for interest, costs, disbursements, or attorney fees); (d) provide a detailed explanation and accounting of how your claim for compensation has been calculated; and (e) provide the full name and address of all individuals who are said to have knowledge of facts or documents relating in any way to such damages or the calculation of such compensation. REQUESTS FOR PRODUCTION REQUEST FOR PRODUCTION NO. 1. All documents to which you referred in your interrogatory responses or on which you relied in drafting your interrogatory responses. REQUEST FOR PRODUCTION NO. 2. All documents to which you referred in your Complaint, Motion to Compel, or any affidavits submitted with them, or on which you relied in drafting your Complaint, Motion to Compel, or any affidavits submitted with them. REQUEST FOR PRODUCTION NO. 3. All communications between you and Bloomington.

8 REQUEST FOR PRODUCTION NO. 4. All communications between you and any member or person affiliated with or identifying themselves with the Black Lives Matter movement. REQUEST FOR PRODUCTION NO. 5. All documents concerning the Data Request. REQUEST FOR PRODUCTION NO. 6. All communications between you and the Amici. REQUEST FOR PRODUCTION NO. 7. All documents that relate to your alleged damages. REQUEST FOR PRODUCTION NO. 8. All documents that relate to your efforts to mitigate your alleged damages. REQUESTS FOR ADMISSION REQUEST FOR ADMISSION NO. 1. Admit that during both of your data inspections, Bloomington allowed you to inspect electronic data in its native format. REQUEST FOR ADMISSION NO. 2. Admit that you did not attend the data inspection that was scheduled for March 2, REQUEST FOR ADMISSION NO. 3. Admit that you did not attend the data inspection that was scheduled for March 16, REQUEST FOR ADMISSION NO. 4. Admit that you did not reply to the from Janet Lewis to you, attached as Exhibit 9 to the Affidavit of Janet Lewis. REQUEST FOR ADMISSION NO. 5. Admit that after the March 6, 2015 data inspection, you did not return to Bloomington to inspect data. REQUEST FOR ADMISSION NO. 6. Admit that between March 7, 2015 and June 3, 2015, you did not contact Bloomington regarding the Data Request.

9 Dated: March 18, 2016 GREENE ESPEL PLLP s./ John M. Baker John M. Baker, Reg. No Jenny Gassman-Pines, Reg. No S. Ninth Street, Suite 2200 Minneapolis, MN (612) Attorneys for Defendant