GOGBMAN ACKER * Guravo H. Acean + Baan Goonmar “yeSeeoeer Lanny R. Matsiano It ‘Brapunr M, Pa ‘a Bwen Jonpin'.hensn ieee at Jenuary 31, 2017 Lan’ Hovomsooss ‘anon Rv Dear : [ We represent Democratic voters who intend to bring an action challenging the constitutionality of the current redistricting plans for both chambers of the Michigan Legislature and for Michigan Representatives in the United States House of Representatives. Our clients believe that the current plans are unconstitutional partisan gerrymanders, ‘On November 21, 2016, a federal court struck down Wisconsin’s legislative redistricting plan as, an “unconstitutional political gerrymander” in Whitford v. Gill, Case No. 3:15-cv-00421-bbe, 2016 WL 6837229 (W.D. Wis. 2016).' In Whitford, the court held that the Wisconsin redistricting plan was intended to and in fact did unconstitutionally “burden the representational rights” of Democratic voters, impermissibly “impeding their ability to translate their votes into legislative seats.” Our clients believe that the current Michigan legislative and congressional redistricting plans are similarly flawed. In 2011, the Republican-controlied Legislature intentionally and effectively gerrymandered the maps to benefit Republican state and federal legislators and diminish the effect of the votes of Democratic voters to such a degree as to violate the First and Fourteenth Amendments. Our clients intend to bring suit in accord with the principles outlined in Whitford. You? will be either a party to or recipient of a subpoena in the forthcoming litigation, or are an attorney for one of them, You and/or one or more of your agents may possess, have custody of or control information (including electronically stored information) that may be relevant to the lawsuit. By this letter you have been put on notice of the anticipated litigation and your corresponding ongoing duty to preserve physical documents and electronically stored information that may be relevant to the lawsuit? This letter expressly covers not only : information in your or your agent’s present possession custody or control, but also all 1A copy of this decision can be found at hitp:/Avww. wind.uscourts govrsites/defuulV/ files! Sev421_Order pa. 2 Andior any relevant entity, orgenization, or employer with whom you were affiliated during the rsTevant timeframe. 3m obligation to preserve may arse ‘when a party should have known thet the evidence may be relevant to future litigation)” Beaven », U.S. Dep't of Justice, 622 F.3d 540, 553 (6th Cir. 2010) (citing Kronisch v. United States, 150 F.3d 112, 126 (2d Cir.1998)). See also Bloemendaal v. Town & Country Sports Cr, Ine, 255 Mich. App: 207, 212, 659 N.W.2d 684, 687 (2002) "Even when an action has not been commenced and there is only a potential for us.109879096.01 27000 WEST TEN MiLe ROAD, SECOND FLoon + SoUTHPIELD, MICHIGAN 48075 + PHONE 248.483.5000 + Fax 248.483.3131GOSBMAN ACKER. information in the present possession of others but as to which you have any access, custody or control. Please take immediate steps to preserve such information even if not in your present physical possession. Do not destroy, discard, alter or erase any document or electronically stored information or communication (collectively “Information”) covered by the scope of this letter. ‘This obligation to retain Information includes but is not limited to hard-copy paper documents, such as letters, faxes, reports, memos, invoices, notes, maps or drawings, including drafts of all the above as ‘well as any electronically-stored information, which may be located on a computer network, servers, desktop computers, laptops, cell phones, tablets, and other electronic devices; removable storage media such as memory cards/sticks, flash drives, CDs, DVDs, and backup tapes; and Information with any persons such as consultants, vendors, contractors, advisors, collaborators, email providers, cloud storage providers, and Internet service providers. Information includes electronic information in any form, including emails, text messages, social media posts, and voicemail messages as well as the underlying metadata or computer coding associated with any Information. ‘You should preserve all Information relating in any way to the creation or effect of the Michigan redistricting plans, As used in this letter, “Michigan redistricting plans” means 1) The current legislative and congressional redistricting plans; 2) All draft, proposed and discussion legislative and congressional redistricting plans and partial plans; and 3) All draft, proposed and discussion individual legislative and congressional districts, By way of example, your obligation to preserve Information relating to the creation or effect of the Michigan redistricting plans includes but is not limited to the following: Information related to Michigan’s redistricting plans Information related (0 or created for or by any person, including any consultant or expert involved in any way in the creation, drafting, analysis, or consideration of any Michigan redistricting plan Information related to any analysis of Michigan’s redistricting plans, including any election projections, forecasts and analyses, and any political or racial projections, forecasts and analyses : ‘© Any software or computer program used to create or analyze the Michigan redistricting plans ‘© Any communication related to the Michigan redistricting plans litigation, the litigant is under a duty to preserve evidence that it knows or reasonably should know is relevant to the action.”). s.109879096.01GOGBMAN ACKER... Please do not hesitate to contact us in the event you have any questions or concems, Sincerely, NW HOR? How Gre Mark Brewer GOODMAN ACKER, P.C. 17000 West Ten Mile Rd, Second Floor Southfield, MI 48075 Telephone: 248-483-5000 Fax: 248-483-3131 www.goodmanacker.com [email protected] 1s.105879096.01 phen) Joseph H. Yeager, Jr. Harmony A. Mappes FABGRE BAKER DANIELS LLP 300 North Meridian Street, Suite 2700 Indianapolis, IN 46204 Telephone: — 317-237-0300 Fax: 317-237-1000 wwwFaegreBD.com Jay. [email protected] Harmony. [email protected]