IN THE UNITED STATES DISTRICT COURT. FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION UNITED STATES OF AMERICA vs. STIPULATED RULE 17 SUBPOENA ) p) ) ) ) AND MOTION FOR PROTECTIV ) 2 ) ) ORDER Docket No. 1:19CR64 ELLEN MADANS FROST, Defendant. ‘NOW COME the defendant, Ellen Frost, the United States of America, and Buncombe County, a body politic and corporate (hereinafter “the County”), by and through the undersigned counsel, and stipulate to entry of this Protective Order authorizing the issuance of the attached. subpoena (Exhibit A) pursuant to F. R. Crim. P. 17, and to the pretrial production of the responsive emails and attachments by the County to counsel for the defendant and the United States of America pursuant to the following terms: (1) Except as may be otherwise provided by further order of this Court, all emails and attachments disclosed pursuant to this ORDER shall be used only in connection with litigation in the above referenced caption and shalll be disclosed only to the following persons a. Parties and counsel for all parties, including attomeys and their respective staffs; b. Consultants and experts involved in this litigation; ©. Any potential witness in this litigation, to the extent that itis necessary to tender to such witness a confidential document in order to elicit information relevant to the matters at issue in said litigation; d._ All other persons to whom disclosure may be necessary to prosecute or defend this litigation. (2) The individuals and entities that are provided a copy of the produced emails and attachments are hereby ordered not to show, convey or reproduce any documents so designated, any parts or copies thereof, or any matter contained therein, to include extracts or summaries, to any individual or entity that would not otherwise have access to said documents, materials, or information under the provisions of this Protective Order. The parties may make copies of documents for their own use in this litigation Case 1:19-cr-00064-RJC-DSC Document 22 Filed 02/13/20 Page 1 of 3(3) The Parties may provide copies of the responsive emails and attachments to the persons identified in paragraph 1 above, provided that such persons agree that they will keep such material confidential (4) The production or disclosure of the responsive emails and attachments pursuant to the terms of this ORDER shall not waive or prejudice the right of the County to object to the production or admissibility of documents or information, on grounds of confidentiality or other statutory restriction in any context other than litigation in the above-caption matter. (5) _ Both the Defendant and the United States of America shall make reasonable efforts to safeguard and keep confidential, to the extent practicable, all non-relevant Personnel Information as defined by N.C. Gen. Stat. § 153A -98, and/or personal information, contained in the responsive emails and/or attachments. Such reasonable efforts shall include, but may not be limited to, the redaction of such non-relevant personnel and/or personal information prior to use as an exhibit and/or seeking guidance from the court regarding the handing of such information and/or other sensitive information contained in the responsive emails (6) All information and materials derived from the responsive emails and attachments shall be used by the Defendant or the United States of America only in connection with the litigation of this matter and shall not be used or disclosed to or by any person for any other purpose, except as provided herein. (7) _ The parties are responsible for notifying any person who is provided any portion of the Commission's investigative file of the terms of this Protective Order. The parties shall keep a record of all persons to whom such disclosures are made (8) _ Itis specifically agreed that making the production of the responsive emails and attachments shall not constitute a waiver by the County of any claim of confidentiality. (9) Upon final adjudication of this action, the disposition of all confidential information subject to the provisions of this Order (including any copies made and/or computer materials made or stored) shall be subject to further Order of this Court (10) This Protective Order shall not prevent the Defendant, the United States of America or the County from applying for relief from this Protective Order, or from applying for further or additional Protective Orders, or from agreeing between themselves to modification of this Protective Order. (11) This Protective Order shall not apply to documents or materials that have otherwise become public records pursuant to N.C.G.S. 15A-1468(e), or that have been lawfully obtained from a source other than the County’s stored email records. Case 1:19-cr-00064-RJC-DSC Document 22 Filed 02/13/20 Page 2 of 3Agreed to by the undersigned counsel for the defendant, the United States of America, and the County, this the 13" day of February, 2020. s/ANTHONY G. SCHEER NC Bar # 19257 Attorney for the Defendant Rawls, Scheer, Clary, & Mingo, PLLC 1011 East Morehead Street, Suite 300 Charlotte, North Carolina 28204 704-376-3200 (office) 2716 (fax) nlaw.com iS/RICHARD LEE EDWARDS ASSISTANT UNITED STATES ATTORNEY N.C. Bar Number 30205 100 Otis Street Asheville, NC 28801 828-271-466 I (office) 828-271-4670 (fax) Ri edwards? @usdoj.gov /s/ BRANDON FREEMAN J. Brandon Freeman, NC Bar No.: 46036 Buncombe County Gov't Staff Attorney 200 College Street Asheville, NC 28801 Office: (828) 250-4115 Fax: (828) 250-6040 Brandon. [email protected] Case 1:19-cr-00064-RJC-DSC Document 22 Filed 02/13/20 Page 3 of 3AD 898 (07/16) Subpoena to Produce Document, afr or Objects ina Criminal Case UNITED STATES DISTRICT COURT for the ‘Western District of North Carolina United States of America Ellen Madans Frost Case No, 1:19-cr-84 Bejendant SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS IN A CRIMINAL CASE To: Buncombe County, a body politic, Attn: Brandon Freeman, Buncombe County Government Staff Attorn (Weme ofperson to whom this subpoena i diected) YOU ARE COMMANDED to produce at the time, date, and place set forth below the following books, papers, documents, data, orother objects: ALL e-mails, in native format (.pdf files) which are responsive to search criteria set forth in Attachment A as Search #1 and Search #2 U.S. Attorney's Office - Asheville per attachment B. Plce’ Law Office of Anthony G. Scheer, | Certain provisions of Fed. R. Crim. P. 17 are attached, including Rule 17(¢)(2), relating to your ability to file a motion to quash or modify the subpoena; Rule 17(4) and (¢), which govern service of subpoenas; and Rule 17(g), relating to your duty to respond to this subpoena and the potential consequences of not doing so. (EAL) CLERK OF LQURT ae a, 2. ‘Signature of Clerk o Depildy Clerk Date: ‘The name, address, e-mail, and telephone number of the attomey representing (name ofpary) _Ellen Madans Frost, who rexiuests this subpoena, are: Anthony G. Scheer - 1011 £. Morehead St., i mc oeeen Suite 300, Charlotte E-Mail: tscheer@rscmiaw (704) 376-3200 Notice to those who use this form to request a subpoena Before requesting and serving a subpoena pursuant to Fed. R. Crim. P. 17(), the party seeking the subpoena is advised to ‘consult the rules of practice of the court in which the criminal proceeding is pending to determine whether any local rules ‘or orders establish requirements in connection with the issuance of such a subpoena. If no local rules or orders govern practice under Rule 17(c), counsel should ask the assigned judge whether the court regulates practice under Rule 17(¢) to 1) require prior judicial approval for the issuance of the subpoena, either on notice or ex parte; 2) specify where the documents must be returned (e.g, to the court clerk, the chambers of the assigned judge, or counsel's office); and 3) require that counsel who receives produced documents provide them to opposing counsel absent a disclosure obligation under Fed. R. Crim. P. 16 Please note that Rule 17(c) (attached) provides that a subpoena for the production of certain information about a victim ‘may not be issued unless first approved by separate court order. Case 1:19-cr-00064-RJC-DSC Document 22-1 Filed 02/13/20 Page 1 of 5AO 898 (07/16) Subpoena to Produce Documens, Information, o Objet ina Criminal Cse (Page 2) Case No, 1:19-¢r-64 PROOF OF SERVICE ‘This subpoena for (name of individual and tle, if any) was received by me on (dw) 7 I served the subpoena by delivering a copy to the named person as follows: DL retumed the subpoena unexecuted because: Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also. tendered to the witness fees for one day's attendance, and the mileage allowed by law, in the amount of 8 My fees are $ for travel and $ for services, foratotalof$ 0.00 . I declare under penalty of perjury that this information is true. Date: Sener ssignanre Printed name ond tle Servers adress Additional information regarding attempted service, et. Case 1:19-cr-00064-RJC-DSC Document 22-1 Filed 02/13/20 Page 2 of 5AD 898 (0/16) Subpoena o Produce Donen Information, or Objet ina Criminal Case (Page 3) Federal Rule of Criminal Procedure 17 (¢), (d), (e), and (g) (Effective 12/1/08) (©) Producing Documents and Objects. (1) In General. A subpoena may onde the witnes to produce any books, papers, documents, dala or other objects the subpoena ‘designates. The court may direct the witness o producsthe designated items in court before tal or before they are to be offered in ‘evidence. When the items arrive, the cour may permit the partes and ther attorneys to inspect al or part of them (2) Quashing oF Modifying the Subpoena, On motion made promply, the court may quash or modify the subpoena ifeompliance ‘would be unreasonable or oppressive {@) Subpoena for Personal or Confidential Information About a Vietim, After a complain, indiciment, or information i file 2 subpeenarequizing the production of psrsonal or confidential infermatin abouta victim may be served on a third party only by cour order. Before entering the order and unless there are exceptional circumstances, the court must requir giving notice tothe vet so that the victim can move to quash or modify the subpoena or atherwive abject. (4) Service. A marshal, deputy marshal, cr any nonparty who iat eat 18 years old may serve «subpoena. The server must delivera copy ofthe subpoena tothe witness and aust tender tothe witness one days witness atendance fe andthe legal mileage allowance. The server need aot tender the attendance fee or mileage allowance when the United Stas, Federal office, ora federal agency has requested the sulpoena, (6) Place of Service. (2) Ia the United States. A subpocnarequting a witness to altend a hearing or il may be served a any place within the United Ste, (@) Ina For ign Country. Irthe witness isin a foreign country, 28 U.S.C. § 1783 govems the subpoena's service (g) Contempt. The cour (other than a magistrate judge) may hold in contempt a witness who, without adequate exeuse, dsobeys a subpoena ‘issued by a federal court in tet disvet, A magistrate judge may holdin contempt a wines who, without adequate excuse, dsobeys 2 subpoena issued by that magisrae judge as provided in 28 USC. § 636() Case 1:19-cr-00064-RJC-DSC Document 22-1 Filed 02/13/20 Page 3 of 5ATTACHMENT A: SEARCH # (1): Produce all emails and related attachments from January 1, 2013 and forward for the below-listed users/account holders in which Wanda Greene is the sender, recipient, and is “cc’ed” or “bec’ed,” including Wanda Greene emails addressed ‘to or from her county email address, [email protected], and any other identifiable account belonging to Wanda Greene, and SEARCH # (2): Produce all emails and related attachments from January 1, 2013 and forward for the below-listed users/account holders in which the following words are present: “Tryon,” “TIEC,” “equestrian,” “sponsorship,” “Wellington,” “Chronicle,” “FFA,” or “barn.” “Listed Users”: - Brownie Newman - Joe Belcher - Alfred Whitesides - William Pressley = Michael Fryar = Jasmine Beach-Ferrara + Kathy Hughes - Stacey Woody Mandy Stone + Timothy Flora + Pamela Freeman-King + Cindy Williams + Judy Crowder = Judy Rhew-Davidson Michael Frue - Diane Price - Curtis Euler - Jon Creighton - Greg israel - Terri Orange Case 1:19-cr-00064-RJC-DSC Document 22-1 Filed 02/13/20 Page 4 of 5ATTACHMENT 8: Places for production of responsive documents: Anthony Scheer, Attorney for the Defendant Rawls, Scheer, Clary & Mingo, PLLC Suite 300 1011 E. Morehead st. Charlotte, NC 28204 [email protected] AUSA Richard Edwards United States Attorney's Office for the Western District of North Carolina 100 Otis Street Asheville, NC 28801 [email protected] Case 1:19-cr-00064-RJC-DSC Document 22-1 Filed 02/13/20 Page 5 of 5