UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

THOMAS J. HOLMES, et. al., Plaintiffs v. Case No.: 14-CV-208 JOHN DICKERT, et al., Defendants PLAINTIFFS’ SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF THEIR

MOTION TO COMPEL ELECTRONICALLY STORED INFORMATION Plaintiffs, by and through counsel, and in supplement of their previously-filed

Memorandum of Law in Support of Their Motion to Compel Electronically Stored Information

(Doc. No. 116) (“Memorandum”), submit the following additional information in support of

their argument that the Municipal Defendants should be compelled to produce all relevant,

responsive, non-duplicative electronically stored information (“ESI”) located on the City of

Racine’s archive tapes:

In their Memorandum, Plaintiffs referenced a number of specific terms from a list

generated by the Municipal Defendants’ third-party ESI vendor containing the number of “hits”

for individual search terms found in certain City employees’ e-mails from June 2009 – present to

support their contention that relevant ESI is also located on the City’s archive tapes. For the sake

of completeness, Plaintiffs are attaching the entire list of “hits” for the search terms run against

certain City employees’ e-mails from June 2009 – present. (Ex. A, Search Term Results).1

1 The “Privileged and Confidential” designation on this document was erroneously inserted by the Municipal Defendants’ third-party ESI vendor, which was confirmed by counsel for the Municipal Defendants.

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Additionally, when conducting a review of recently-produced ESI late last evening,

Plaintiffs located numerous e-mails that directly support their RICO allegations. In one such

communication, Beth Pramme, who worked on John Dickert’s 2011 mayoral campaign, noted

that the campaign accepted “several illegal contributions” and that the campaign’s bank

account—which was never audited by anyone other than Mary Jerger—was “incorrect,” and had

been “for several years now.” (Ex. B, July 14, 2011 E-mail from B. Pramme to M. Jerger and J.

Dickert). In another, members of John Dickert’s campaign team discussed how certain donors

had reached their individual contribution limits and discussed ways to skirt the law, such as

improperly attributing contributions to non-donors. (Ex. C, Mar. 10, 2011 E-mail from B.

Pramme to M. Jerger). Importantly, John Dickert received both of the aforementioned e-mails

and was therefore acutely aware that members of his campaign team were undertaking efforts to

hide illegal campaign contributions. Plaintiffs are entitled to discover whether similar e-mails are

located on the City’s archive tapes—archive tapes the Municipal Defendants are wrongly

attempting to shield from discovery.

WHEREFORE, for the above discussed reasons, this Court should enter an Order

compelling the Municipal Defendants to produce relevant, responsive electronically stored

information located on the City of Racine’s archive tapes, and to bear the costs associated with

same.

Respectfully submitted, KOHLER & HART, S.C.

By: /s/ Martin E. Kohler

Martin E. Kohler, Esq. WI State Bar No. 1016725 mekohler@kohlerandhart.com 735 N. Water Street, Suite 1212 Milwaukee, Wisconsin 53202

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(414) 271-9595 Attorney for the Plaintiffs

SEGAL MCCAMBRIDGE SINGER & MAHONEY, LTD.

By: /s/ Steven A. Hart Steven A. Hart IL State Bar No. 6306516 shart@smsm.com Brian H. Eldridge IL State Bar No. 6281336 beldridge@smsm.com 233 S. Wacker Drive, Suite 5500 Chicago, Illinois 60606 (312) 645-7800 Attorney for Plaintiffs

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