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EXHIBIT A

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND

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- - In the Matter of the Application of JAMES THOMSON, MEGHAN THOMSON, JAMES REYES SALAZAR, BRANDON LINKER, and JAMES HART,

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Petitioners,

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DATA AND FIELD SERVICES, INC., DAVID THOMAS, as the Treasurer of Debi Rose 4 City Council, BOARD OF ELECTIONS IN THE CITY OF NEW YORK, and NEW YORK STATE BOARD OF ELECTIONS,

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Respondents.

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Index No. 080319/09

Special Election Part

Justice Giacobbe

STIPULATION

CONCERNING

CONFIDENTIALITY OF

CERTAIN DOCUMENTS

IT IS HEREBY STIPULATED AND AGREED, by and between counsel for the parties

in this special proceeding, as follows:

1. Respondents Data and Field Services, Inc. (“DFS”) and David Thomas, as the Treasurer of

Debi Rose 4 City Council (the “Rose Campaign”) (together, “Respondents”), have requested

that certain of the documents Respondents intend to produce on February 5, 2010, shall be

treated as “Confidential Material” by the Petitioners in the above-captioned special

proceeding. For the purposes of this stipulation, “Confidential Material” shall be limited to

mean only:

a. documents, whether produced in hard copy or electronic form (including any meta

data that can be obtained), that describe or reflect the allocation of personal services

of any person, services other than personal services (“OTPS”), the services rendered

and the charges there for by DFS to any other candidate-client or committee

(“campaign”) other than Debi Rose 4 City Council or Friends of Debi Rose; and

b. information identifying favorable and unfavorable voters in the September 2009

Democratic primary for council member in the 49th council district and any other

documents agreed upon by the parties as confidential.

In order to receive “Confidential” treatment pursuant to this stipulation, the documents that

Respondents designate as such must be limited to only the two categories described above

and have the word “Confidential” stamped on the face of each document at the time of the

document’s production to Petitioners on February 5, 2010. Except as otherwise provided

here, the persons permitted access to the “Confidential Material” that Respondents will be

producing to Petitioners on February 5, 2010, shall be limited to the following: Petitioners,

Petitioners’ attorneys, Petitioners’ paralegals and Petitioners’ expert witnesses (collectively,

“Petitioners”). Notwithstanding the foregoing, Petitioner Brandon Linker shall not be given

access to documents identifying favorable and unfavorable voters in the September 2009

Democratic primary for council member in the 49th council district. Other than those

employed by counsel of record to this lawsuit, who shall be bound by this stipulation upon

its execution, any individual provided with any of this “Confidential Material” must first

agree in writing to abide by the terms of this stipulation. Notwithstanding any of the

foregoing, nothing herein shall preclude Petitioners or Respondents from submitting any

such document to the Court (redacting the name of the other candidate or individual voter),

which, in redacted form, shall not be deemed “Confidential Material” pursuant to this

stipulation, or offering any such document in un-redacted form into evidence at trial, which,

if received in evidence, shall then become a matter of public record and therefore no longer

deemed “Confidential Material” pursuant to this stipulation.

2. “Confidential Material” produced by Respondents on February 5, 2010, shall be used by the

Petitioners solely for the purpose of conducting this particular special proceeding and not

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for any other purpose, and shall not be disclosed to any other person or entity, except as

permitted pursuant to this stipulation.

3. The final determination, discontinuance, award, judgment or settlement of this action shall

not relieve any person who has received “Confidential Material” from the obligations

imposed by this stipulation, and the Court shall retain jurisdiction after such determination,

discontinuance, judgment or settlement for the limited purpose of enforcing the provisions

of the stipulation. Any dispute about whether a document has been properly designated as

“Confidential” or remains “Confidential” shall be submitted to this Court for its

determination.

4. Within thirty (30) days after the final determination or settlement of this action (including

any appeals), Petitioners, through their counsel, shall return to Respondents, through their

counsel, any documents designated and remaining “Confidential” as of that date, and any

copies thereof.

5. Nothing in this stipulation shall be construed as a waiver by Respondents of their rights to

object to any discovery request on any ground, nor shall Respondents’ designation of any

document as “Confidential” be deemed to have any bearing on its admissibility at trial.

Respondents reserve any rights they may have to object to the admissibility into evidence of

any such document at trial.

6. Nothing contained herein shall prohibit any individual who has been given access to

“Confidential Material” from complying with a court order or subpoena requiring its

production. Upon receipt of any such subpoena, other than a subpoena lawfully barring the

subpoenaed party from disclosing its existence, the individual shall promptly contact the

attorney for Respondent DFS before responding to the subpoena so that DFS may have the

opportunity to seek judicial intervention to raise any objection it may have.

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7.

For purposes of this stipulation, the parties, through their counsel, shall be permitted to sign

in counterpart, which shall be deemed good and effective execution of this agreement, and

faxed or scanned signatures shall be deemed to be originals. This stipulation shall be binding

on the parties so long as executed by at least one counsel of record for each party hereto

(Petitioners, the Rose Campaign and DFS).

Dated:

New York, New York February 3, 2010

GIBSON, DUNN & CRUTCHER LLP

LEVY RATNER P.C.

By:

By:

 

Randy M. Mastro Kevin Blake Timothy D. Swain Eric Yuen

 

Alexander Rabb

80

Eighth Avenue, Floor 8

New York, New York 10011

 

Telephone:

(212) 627-8100

200

Park Avenue, 47th Floor

Facsimile:

(212) 627-8182

New York, New York 10166-0193

arabb@levyratner.com

Telephone:

(212) 351-4000

Facsimile:

(212) 351-4035

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rmastro@gibsondunn.com

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RALPH J. PORZIO, ESQ.

KANTOR, DAVIDOFF, WOLFE, MANDELKER, TWOMEY & GALLANTY, P.C.

 

By:

By:

Lawrence A. Mandelker

 

Ralph J. Porzio

 

51

East 42nd Street, 17th Floor

686

Forest Avenue

New York, New York 10017

Staten Island, New York 10310

Telephone:

(212) 682-8383

Telephone:

(718) 448-4000

Facsimile:

(212) 949-5206

Facsimile:

(718) 876-9302

mandelker@kantorlawonline.com

Attorneys for Petitioners

Attorneys for Respondent Data and Field Services, Inc.

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HENRY T. BERGER

By:

Henry T. Berger

127 West 77th Street

New York, New York 10024

Telephone:

(212) 799-9378

Facsimile:

berger@election-law.com

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STUDIO LEGALE

By:

Robert A. Mulhall

1001 Clove Road

Staten Island, New York 10301

Telephone:

(718) 816-6767

Facsimile:

(718) 816-0350

motionwarrior@gmail.com

Attorneys for Respondent David Thomas, as the Treasurer of Debi Rose 4 City Council