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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII ) CIVIL No. CV12-00469 JMS RLP ) ) DECLARATION OF COUNSEL ) ) Plaintiffs, ) ) vs. ) ) CITY AND COUNTY OF ) HONOLULU; ANDREW LUM, IN HIS ) ) PERSONAL AND OFFICIAL ) CAPACITY; JOHN DOES 1-10 IN ) THEIR PERSONAL AND OFFICIAL ) ) CAPACITIES, ) ) Defendants. ) HAWAII DEFENSE FOUNDATION, CHRISTOPHER BAKER, and DEREK SCAMMON, DECLARATION OF COUNSEL I, CURTIS E. SHERWOOD, do hereby declare as follows: 1. I am an attorney licensed to practice law in all of the courts of the State of Hawaii, the United States District Court for the District of Hawaii, and the United States Court of Appeals for the Ninth Circuit. I am a member in good standing of all of the aforementioned courts. 2. I am a Deputy Corporation Counsel for the City and County of Honolulu and one of the attorneys representing Defendants ANDREW LUM and the CITY AND COUNTY OF HONOLULU in this matter. //

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3. I have personal knowledge of and am competent to make this Declaration concerning the matters set forth below. 4. The matter was filed, and Defendant City and County of Honolulu (Defendant City) was served, on August 21, 2012. 5. I have represented the City Defendants (Defendant City and Defendant Andrew Lum) from the inception of this matter. 6. I also currently represent Defendant City in the civil case entitled Christopher Baker v. Louis Kealoha, et al, Civil No.11-00528 ACK-KSC and have done so since September, 2011. 7. This case is currently on an interlocutory appeal before the Ninth Circuit Court of Appeals. 8. The Plaintiff in that matter is the same as Plaintiff Christopher Baker in the instant matter. 9. In both matters, Plaintiff Christopher Baker is represented by attorneys Richard Holcomb and Alan Beck, among others, and Mr. Holcomb is the lead attorney in both cases. 10. The incidents complained of in the Plaintiffs complaint in this matter occurred in mid to late January of 2012. 11. Shortly after this case was filed, I contacted Plaintiffs attorney, Mr. Holcomb, and inquired as to why he simply did not communicate his clients

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grievance to me and informed him that I believed the matter could have been worked out short of resorting to litigation. 12. Nevertheless, within a few short days after meeting with Plaintiffs counsel and the Court, City Defendants took actions to address Plaintiffs contentions and on August 24th, Judge Seabright vacated the briefing schedule for Plaintiffs Motion for Preliminary Injunction. 13. On September 5, 2012, Judge Seabright deemed the same motion to be moot. 14. Throughout this time, and into January, 2013, the City took actions to carry out a tentative agreement that it had reached with Plaintiffs, to include negotiating a new City Facebook policy with the Hawaii ACLU. 15. However, shortly after the new policy had become finalized, and the day before a Rule 16 Scheduling Conference was to be held, Plaintiffs counsel informed me that Plaintiff required a declaratory judgment before they would sign any settlement agreement. 16. Consequently, the matter was not resolved at the Scheduling Conference on January 21, 2013, but instead proceeded forth with the setting of the trial date and other deadlines. 17. The case continued on several times where the parties had reached what appeared to be final resolution of the matter with Plaintiffs, at the last minute

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seeking additional terms not originally agreed to, such as a consent decree and, more recently, costs. 18. Meanwhile, City Defendants were forced to file dispositive motions, meet other deadlines and otherwise defend this action when the controversy had ended almost immediately and the case had, for all intents and purposes, been settled as of January, 2013. I, CURTIS E. SHERWOOD, DO DECLARE UNDER PENALTY OF LAWTHAT THE FOREGOING IS TRUE AND CORRECT. DATED: Honolulu, Hawaii, February 18, 2014. /s/ Curtis E. Sherwood CURTIS E. SHERWOOD