Mobley, Jenna W. Jerry Sennett Friday, September 12, 2014 9:50 AM Menser, Barton Murray, Andrew; Mobley, Jenna W; Adams, Jamie T. Re: Drafts of Hardy letters Bart Both letters are well done and cover all that is requested by the NFL. Jerry On Fri, Sep 12, 2014 at 9:43 AM, Menser, Barton i wrote: Andrew, P’ve attached drafts of the two separate letters that Jerry has requested. I’m asking that you review them to see if you're ok with the wording. Once we've gotten them in final form, I'll ask Jenna to {ype them and sign your name, 1’'m asking Jamie to make sure that the information is correct, especially the information about what has happened in this case. I’m asking Jerry to make sure that they contain all the information he needs to answer the NFL’s questions about the case, ‘Thank you, Bart Barton M. Menser Deputy District Attomney District Attorney's Office ~ Mecklenburg County 700 E. Trade St. Charlotte, NC 28202 Direct TelephoneE-mail correspondence to and from this address may be subject to the North Carolina public records laws and if so, may be disclosed.State of North Carolina General Court of Justice awonew munnar Twenty Sth Prossautorial Distiek isan cnmans counre Birr aevonece cree geutonal urmcr Attonuees Ores September 12, 2014 ‘Mr, Jerry Sennett NFL Security Representative-Carolina Stanley, North Carolina 28164 Re: Arrest and Prosecution of Carolina Panthers Player Greg Hardy Dear Mr. Sennett: Greg Hardy was charged with the offenses of Assault on a Female and Communicating Threats on May 13, 2014, His first court date was set the following morning, May 14, 2014, in courtroom 4130 during the morning session, The purpose of that date was to conduct a first appearance before a District Court Judge. At his first appearance, the District Court Judge dealt with the issues of whether the defendant was represented by counsel and determined conditions of release. Hardy was ordered 230 Parkvenue, Suite 440 Naw Yor Wy Misconduct Consulting &tnvastzations it Contltine/OateForensles & Information Secuty/S Invesigtions/Excutve Protetion/ ‘Ta fomatoncantsne nhs massage maybe priveged and confident nd plete rom dloare the reader of ts messages not th ilonéd eclent, orn ‘onpoyoo or agent esporsbe for dalverng Is messogeo te landed rece, you ae herby natfed Wat any assem, dtbutlon or copying oi feramietan trey pees a have eos is conrncaon es plane aU rede rep othe Mesape od Casa fom your ‘Somputer Thank you. Tf Protection Resources,revi Protein Resour February 11, 2015 R. Andrew Murray, Fsq, District Attorney State of North Carolina 26 Prosecutorial District ‘Mecklenburg County “700 East Trade Street Charlotte, NC 28202 ‘Deat District Attorney Mussay, 11am writing to you with regard to the recently dismissed case of the State of North Carolina vs. Greg Hardy. ‘My firm, T&M Protections Resources, has been hired by the National Football League to look into the recently dismissed allegations against Mr. Hardy. As you may be aware, the NFL adopted a new Personal Conduct Policy (PCP) on December 10, 2014. The PCP regulates all NFL employces’- team and League ~ conduet both in and outside the workplace. Employees (which inchudes players) who fil to conform theit conduct tothe stictures of the Policy face disciplinary xtion from the League office. ICit comes to the League's attention that an employee may have violated the PCP, the Poliey now mandates the League to ‘embark on an independent investigation of such matter. ‘My firm has been retained by the League to investigate the allegations against Carolina Panthers player Greg, Hardy. To this end, with your permission, I would lke to arrange a meeting with appropriate people in yout Office to discuss this matter. Having spent 28 years as a prosecutor in the Manhattan DA’s Offic, I am well awate that there are things your Office learned during the pendency of your case against Mr. Hardy that you ‘may not be able to share with the League and we will certainly respect your need to protect such information. However, Talso know that there are things you could share and thos such a meeting would be very helpful to and rmuch appreciated by the League as it continues its efforts to hold its employees to the highest standards of behavior. am planning on being in Charlotte this coming Monday and would very much welcome the opportunity to ‘meet with you and/or appropriate members of your staff. Ifyou would be so kind as to let me know in the next few days if such a meeting on Monday would work for you ,= = aff, I would be most jor on my cel, appreciative. telephone at my office, an ee sent yum, je Me. Feud Lisa M. Friel Vice President 230 Park Avenue, Suite 440, New York, NY 10169 «te: 212.422.0000 e fax: 212.422.3805 « ww. tmproection.com # Page ) ‘This business i license by the New York Department of State, Division of Liensing Serves™ Protection Resouces February 11, 2015 R. Andrew Murray, Esq, District Attorney State of North Carolina 26" Prosecutovial District Mecklenburg County 700 East Trade Street Charlotte, NC 28202 Dear District Attorney Murray, Tam writing to you with tegatd to the recently dismissed case of the State of North Carolina vs. Greg Hardy. My firm, T&M Protections Resources, has been hired by the National Football League to look into the ecently dismissed allegations against Mr. Hardy. As you may be aware, the NFL adopted a new Personal Conduct Policy (PCP) on December 10, 2014. The PCP regulates all NFL employees? - team and League ~ conduct both in and outside the workplace. Employees (which ineludes players) who ful to conform theit ‘conduct to the strictures of the Policy face disciplinary action from the League office. If it comes to the League's attention that an employee may have violated the PCP, the Policy now mandates the League to ‘embark on an independent investigation of such matter. ‘My firm has been retained by the League to investigate the allegations against Carolina Panthers player Greg Hardy. To this end, with your permission, I would lke to arrange a mecting with appropriate people in yout Office to discuss this matter. Having spent 28 years as a prosecutor in the Manhattan DA’s Office, I am well aware that there are things your Office learned during the pendency of your case against Me. Hardy that you may not be able to share with the League and we will certainly respect your need to protect such information, However, also know that there are things you could share and thus such a meeting would be very helpful to and much appreciated by the League as it continues its efforts to hold its employees to the highest standards of behavior. Tam planning on being in Charlotte this coming Monday and would very much weleome the opportunity to meet with you and/or appropriate members of your staff. If you would be so kind as to let me know in the next few days if such a meeting on Monday would work for you and/or your staff, I would be most appreciative. I, ‘by telephone at my office| Jor on my cel or via email at “Thank you for yout consideration of our request. Shoes you, en. Fr Lisa M. Friel Vice President 230 Patk Avenue, Suite 40, New York, NY 10169 « fl: 212.422.0000 « fax: 212.422.3305 woww.mprotetion.com # Page I ‘This business i lieensed by the New York Department of State, Division of Licensing ServicesMobley, Jenna W. From: Lisa Friel Sent: Thursday, February 12, 2015 9:09 PM To: Murray, Andrew ce: Mobley, Jenna W. Subject: Re: Monday Perfect, Thanks so much! Sent from my iPhone Monday works and we will plan on 10:00 or whenever you arrive. Andrew Jenna, please reschedule this appt. Sent from my iPad g A YD ico pric) Andrew, Someone here just pointed out to me that Monday is President’s Day. This makes no difference to me but I wanted to make sure you realized this. Is Monday still ok? Also, my flite is scheduled to get in at 9:09 so we could do it earlier if that works better for you. Jerry Sennett is going to be picking me and my colleague Nancy Wilder up at the airport and bringing us to your office so that should obviate us getting lost on the way. let me know what is best for you. Thank you. Lisa Friel Lisa M. Friel Vice President Sexual Misconduct Consulting & Investigations TSM Protection Resources, LLC 230 Park Avenue, Suite 440 New York, NY 10169 direct, cel Investigations/Executive Protectionchttp: //tmprotection.com/executiveprotection.php>/Security 1Consulting/Data Forensics & Information Security/Sexual Misconduct Consulting & Investigations ‘The information contained in this message may be privileged and confidential and protected from disclosure. Tf the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the message and deleting it from your computer. Thank you. T&M Protection Resources, LLC. E-mail correspondence to and from this address may be subject to the North Carolina public records laws and if so, may be disclosed.Mobley, Jenna W. From: Lisa Friel Sent: Monday, February 16, 2015 6:50 AM To: Murray, Andrew Ce: Mobley, Jenna W. Subject: Re: Monday Flite delayed an hour. Can we push back our meeting to 11? Sent from my iPhone Monday works and we will plan on 10:00 or whenever you arrive. Andrew Jenna, please reschedule this appt. Sent from my iPad On Feb 12, 2015, at 8:09 PM, "Lisa Friel" Andrew, Someone here just pointed out to me that Monday is President’s Day. This makes no difference to me but I wanted to make sure you realized this. Is Monday still ok? Also, my flite is scheduled to get in at 9:09 so we could do it earlier if that works better for you. Jerry Sennett is going to be picking me and my colleague Nancy Wilder up at the airport and bringing us to your office so that should obviate us getting lost on the way. let me know what is best for you. ‘Thank you. Lisa Friel Lisa M, Friel Vice President Sexual Misconduct Consulting & Investigations TaM Protection Resources, LLC 230 Park Avenue, Suite 440 New York, NY 10169 direct, cell: Investigations/Executive Protection/Security 1Consulting/Data Forensics & Information Security/Sexual Misconduct Consulting & Invest igations ‘The information contained in this message may be privileged and confidential and protected from disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the message and deleting it from your computer. Thank you. T&M Protection Resources, Luc. E-mail correspondence to and from this address may be subject to the North Carolina public records laws and if so, may be disclosed.Mobley, Jenna W. ee Fro! Lisa Friel Sent Monday, February 16, 2015 9:28 PM T Murray, Andrew Subject: Thank you Andrew, Thank you so much for taking the time to meet with us this morning. Speaking with you and Bart was very helpful and I know the League is much appreciative. Please thank Bart for us too. Tf T can ever help you up in New York, or Nancy in Chicago, please don't hesitate to ask. hisa Friel Sent from my iPhoneMobley, Jenna W. Monroe Whitesides| Wednesday, March 25, 2015 6:21 PM Murray, Andrew Subject: Fwd: Conf call Sent from my iPad Begin forwarded message: From: Lisa M, Friel Vice President Sexual Misconduct Consulting & Investigations TaM Protection Resources, LLC 230 Park Avenue, Suite 440 New Yorks Ny 10169 direct; cell: Investigations/Executive Protect ion/security Consul ting/Data Forensics & Information Security/Sexual Misconduct Consulting & Invest igations The information contained in this message may be privileged and confidential and protected from disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the message and deleting it from your computer. Thank you. TéM Protection Resources, BL. Sent: Thursday, March 26, 2015 5:46 PM To: Lisa Friel Cc: Mobley, Jenna w. Subject: RE: NFL V Murray Lisa, is your office going to make the travel arrangements? My preference would be to get an early flight out of Charlotte and to come immediately to your office. I don’t have a clue how long it takes to get from the airport to midtown Manhattan during work hours. I expect a late afternoon early evening flight out would work with an expectation that if we conclude our business earlier than expected I can try to jump an earlier return flight. Although I am a frequent traveler, same day trips in and out of New York are not my norm. When I was in private practice I made many daily trips to D.C. which was a breeze as long as I flew into Reagan. I am going to have to rely on your expertise and experience for the flight times and meeting schedule. Wie, AndrewLisa Friel Thursday, March 26, 2015 5:29 PM Po: Monroe Whitesides, 7 Subject: RE: NFL V Murray All, I spoke to Dr. Hirsch and next Thursday is best for him and he has agreed to come to my office. I just need to tell him what time. My office is in midtown Manhattan, in the Helmsley building which is located at 46th Street and Park. There is also an entrance on 45th Street between Lexington Ave and Vanderbilt. The exact address is 230 Park Ave. Andrew - just let me know what time would work best for you. Thanks. Lisa Lisa M. Friel Vice President Sexual Misconduct Consulting & Investigations TséM Protection Resources, LLC 230 Park Avenue, Suite 440 New York NY 10169 direct cell Investigations/Executive Protectionchttp: //tmprotection.com/executiveprotection.php>/Security Consulting/Data Forensics & Information Security/Sexual Misconduct Consulting & Investigations ‘The information contained in this message may be privileged and confidential and protected from disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this conmunication in error, please notify us immediately by replying to the message and deleting it from your computer. Thank you. T&M Protection Resources, LLC. From: Nontoe vhitesices Si Sent: Thursday, To: andrew.murra tripe Cc: Lisa Brae Subject: NFL V Murray here is what I filed today to take the hearing off the calendar for the 31st. H.M.Whitesides, Ji225 Bast Worthington Ave. Suite 100 Charlotte,N.C. 28203 This electronic message and any attachment(s) thereto is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please inmediately notify us by telephone or return e~ mail and destroy any copies, electronic, paper or otherwise, which you may have of this communication. IRS CIRCULAR 230 NOTICE: To insure compliance with IRS regulations, we inform you that, unless expressly stated otherwise, any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purposes of (a) avoiding tax related penalties under the Internal Revenue Code or (b) promoting, marketing or recommending to another party any transaction or tax related matter addressed herein. E-mail correspondence to and from this address may be subject to the North carolina public records laws and if so, may be disclosed. E-mail correspondence to and from this address may be subject to the North Carolina public records laws and if so, may be disclosed.Mobley, Jenna W. Fro Cos: a a] Sent: Sunday, March 29, 2015 4:31 PM To: Murray, Andrew ce: Lisa Friel Trippe, Melissa; Menser, Barton; Withrow, Robyn Subject: Re: NFLV Murray am out of the office all day Monday but available by phone and email Sent from my iPhone On Mar 29, 2015, at 4:08 PM, Murray, Andrew rote: Monroe and Lisa, I have an early morning appointment and won't make It to the office until around 9:30 ‘on Monday. We will then need to review the proposed order collectively in my office before getting back with you. Once we have a chance to thoroughly review it we will attempt to contact you to see if we can arrange another phone conference. Vit, Andrew Monroe Whitesides Sent: Friday, March 27, 2015 5:16 PM To: Trippe, Melissa; Murray, Andrew Subject: RE: NFL V Murray for your review. H.M.Whitesides, Jr. 225 East Worthington Ave. Suite 100, Charlotte, N.C. 28203 This electronic message and any attachment(s) thereto is intended only for the use of the individual or entity to which itis addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone or return e- ‘mail and destroy any copies, electronic, paper or otherwise, which you may have of this communication. IRS CIRCULAR 230 NOTICE: To insure compliance with IRS regulations, we inform you that, unless expressly stated otherwise, any tax advice contained in this communication (including any attachments) isnot intended or written to be used, and cannot be used, for the purposes of (a) avoiding tax related penalties under the Internal Revenue Code or (b) promoting, marketing or recommending to another party any transaction or tax related matter addressed herein. From: Trippe, Melissa Sent Friday, March 27, 2015 2:36 PM‘To: Monroe Whitesides Subject: RE: NFL V Murray Understood, Thanks for giving mea heads up. From: Monroe Whitesides Sent: Friday, March 27, 2015 2:42 PM To: Trippe, Melissa ‘Subject: RE: NFL V Murray Ym dealing with the highest level of the League so lots of levels of approval/corrections. stay tuned, H.M.Whitesides, Jr 225 East Worthington Ave. Suite 100 Charlotte,N.C. 28203 ‘This electronic message and any attachment(s) thereto is intended only for the use of the individual or entity to which itis addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message Is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone or return e- ‘mail and destroy any copies, electronic, paper or otherwise, which you may have of this communication. IRS CIRCULAR 230 NOTICE: To insure compliance with IRS regulations, we inform you that, unless expressly stated otherwise, any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purposes of (a) avoiding tax related penalties under the Internal Revenue Code or (b) promoting, marketing or recommending to another party any transaction or tax related matter addressed herein. From: Trippe, Melissa Sent: Friday, March 27, 2015 2:26 PM To: Monroe Whitesides Subject: RE: NFL V Murray Ok thanks. 1'm always happy to know that my stuff isn’t lost in cyberspace somewhere. From: Monroe Whitesides| Sent: Friday, March 27, 2015 2:32 PM To? Trippe, Melissa Subje FLV Murray have it and so do the NY lawyers... H.M.Whitesides, Jr. 225 East Worthington Ave. Suite 100 = Nc. 28203This electronic message and any attachment(s) thereto is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the ‘employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone or return e- ‘mail and destroy any copies, electronic, paper or otherwise, which you may have of this communication. {RS CIRCULAR 230 NOTICE: To insure compliance with IRS regulations, we inform you that, unless expressly stated otherwise, any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purposes of (a) avoiding tax related penalties under the Internal Revenue Code or (b) promoting, marketing or recommending to another party any transaction or tax related matter addressed herein From: Trippe, Meliss Sent: Friday, March 27, 2015 2:18 PM To: Monroe Whitesides: Subjects RE: NFL V Murray Monroe, {just wanted to make sure you received the proposed order I sent last evening. Sometimes the State email system can be screwy ... Thanks, Melissa From: Monroe Whitesides| ‘Sent: Thursday, March 26, Ce: Lisa Friel ‘Subject: NFLV Murray here is what | filed today to take the hearing off the calendar for the 31°. H.M.Whitesides, Jr. 225 East Worthington Ave. Suite 100 Charlotte,N.C. 28203 This electronic message and any attachment{s) thereto is intended only for the use of the individual or entity to which itis addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone or return e- mail and destroy any copies, electronic, paper or otherwise, which you may have of this communication. IRS CIRCULAR 230 NOTICE: To insure compliance with IRS regulations, we inform you that, unless expressly stated otherwise, any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purposes of (a) avoiding tax related penalties under the Internal Revenue Code or (b) promoting, marketing or recommending to another party any transaction or tax related matter addressed herein. 3E-mail correspondence to and from this address may be subject to the North Carolina public records laws and if so, may be disclosed.STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION MECKLENBURG COUNTY 15 CYS 5451 NATIONAL FOOTBALL LEAGUE Plaintiff, STIPULATED PROTECTIVE ORDER v. R. ANDREW MURRAY, in His Capacity as District Attorney, 26" Dist. of ) ) ) ) STATE OF NORTH CAROLINA and ) ) ) North Carolina ) ) ) Defendants, Plaintiff National Football League (“NFL”), and Defendants State of North Carolina and R. Andrew Murray, in his capacity as District Attomey, 26" District of North Carolina (District Attorney) (cumulatively “the Parties”) herein stipulate to the entry by the Court of this protective order allowing access to certain records in possession of the Office of the District Attorney, and to that end show unto the Court the following: 1. On 13 May 2014 Gregory M. Hardy (hereafter “Hardy) was employed by the Carolina Panthers Football ‘Team which is a Member Club of the NEL, Plaintiff in this action, 2. On that same date Hardy was charged with the offenses of Assault on a Female and Communicating Threats, misdemeanor offenses in the State of North Carolina. 3. On 15 July 2014 Hardy was tried in Mecklenburg County Distriet Court for the above mentioned offenses and was found guilty as charged. He immediately entered Notice of Appeal requesting a de novo jury trial. 4, Following Mr. Hardy’s conviction and request for a jury trial, evidence in the form of photographs and medical records offered into evidence by the District Attorney and10. ML admitted into evidence at the District Court trial were held under seal by order of Superior Court Judge Lisa C. Bell, On 9 February 2015 all charges against Hardy were dismissed by the District Attorney. On I1 February 2015 Superior Court Judge Robert T. Sumner entered an order releasing the exhibits to the respective parties. The District Attorney is currently in possession of the State’s exhibits. On 11 March 2015 Plaintiff, by and through counsel, requested the District Attorney to provide Plaintiff access to the exhibits, ‘The District Attomey responded by denying the request stating that the exhibits were criminal investigative records exempt from disclosure under N.C. Gen. Stat. § 132-1.4, On 18 March 2015 the NEL filed a Complaint in the General Court of Justice, Superior Court Division, Mecklenburg County, North Carolina against the State of North Carolina and the District Attomey alleging that the exhibits admitted in the District Court trial were public records pursuant to the North Carolina Public Records Act, N.C. Gen, Stat, § 132-1 et seq. The NFL has requested in its lawsuit access to the forty-nine (49) exhibits admitted into evidence in the State v. Hardy trial, Hardy, as an employee of the Carolina Panthers Football Team which is a Member Club of the NFL remains subject to discipline under the Personal Conduct Policy (“PCP”) of the NEL. The PCP requires the NFL fo obtain information acquired by law enforcement agencies, court records, and/or independent investigations conducted by the Leaguethat may bear on whether the policy has been violated, ‘The District Attorney is in possession of such information which is relevant to the investigation and discipline procedures of the NFL and which would be useful to determine if there is credible evidence to establish that Hardy engaged in conduct prohibited by the PCP. 12. It is the policy of the District Attorney that all documentary exhibits and photographs to be offered into evidence in a criminal trial are to be given to the defendant and his counsel prior to trial. The District Attomey followed that policy in the State v. Hardy case, 13, Of the forty-nine (49) exhibits admitted into evidence in State v. Hardy, the NFL has requested access to seven photographs in possession of the District Attorney. These photographs are believed to be relevant, credible evidence bearing on the question whether Mr, Hardy engaged in conduct prohibited by the PCP. 14, The District Attorney contends that the exhibits are records of a criminal investigation and thus exempt from disclosure under G.S. 132-1.4, The NFL contends that the exhibits are subject to disclosure pursuant to the Public Records Act. G.S. 132-1 et seq. In the interest of compromise, and without a judicial determination of the merits of the Plaintiff's Complaint and any defenses that may be asserted therein, the parties have agreed as follows: a) The District Attorney will allow exclusive and limited access to the records requested by the NEL while maintaining possession, custody and control of such exhibits so as to maint the integrity of the prosecutorial process;b) Access to the exhibits shall be used for no purpose other than the NFL's Personal Conduct Policy procedures regarding the disciplinary action against Hardy; ©) Access to the exhibits shall be limited to the parties and attomeys of record for the parties, independent investigators and outside experts. who may be retained by the NFL to review the records; 4) Those persons who are permitted access to the exhibits are prohibited fiom reproducing or publishing such records under the penalties described herein, 15, Pursuant to this Stipulated Protective Order and in recognition that the limited access of these exhibits is consistent with maintaining the integrity of the prosecutorial process, access to the exhibits described herein will be permitted solely by allowing the NFL representatives and experts to review such exhibits, 16, This Agreement shall be governed by the laws of the State of North Carolina without reference to which choice of law principles. ‘The parties expressly agree and consent that jurisdiction over any dispute conceming this Agreement including without limitation any violation or breach thereof shall be resolved exclusively in the Superior Court for Mecklenburg County, North Carolina which Court shall retain any jurisdiction over any dispute involving the Agreement and the stipulations contained therein, 17, Following the review of the exhibits, Plaintiff will dismiss its lawsuit, National Football League v. State of North Carolina et al., Case No. 15 CVS 5451, withprejudice. Plaintiff will not request attomey’s fees pursuant to N.C, Gen. Stat, § 132- 96). 18, This Agreement has been reviewed by counsel for the parties and shall be deemed to have been jointly drafted by the parties for the purposes of applying any rule of construction, 19, This Agreement embodies, merges, and integrates all prior and current agreements and understandings of the parties hereto. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. ‘The Agreement cannot be changed or terminated orally. WHEREFORE, the parties request the Court to enter this Stipulated Protective Order in accordance with the terms herein, THIS the day of March 2015. Superior Court Judge PresidingCONSENTED TO BY: ROY COOPER Attorney General (date) Melissa L. Trippe Special Deputy Attorney General State Bar No. 13739 Email: mtrippe@nedoj.gov North Carolina Department of Justice 114 West Edenton Street P.O. Box 629 Raleigh, North Carolina 27602-0629 Phone: 919-716-6900 Fax: 919-716-6763 Counsel for Defendants _ (date) R. Andrew Murray District Attorney Prosecutorial District 26 700 East Trade St., Suite 400 Charlotte, N.C. 28202 (date) HM. Whitesides, Jr. State Bar No, 13151 225 East Worthington Ave. Suite 100 Chatlotte, N.C. 28203 Phone: 704-372-7670 Fax: 704-372-7980 hmwhitesides@whitesidestaw.com Attorney for Plaintiff (date) ‘Adolpho A. Birch IIT St. Vice President, Labor Policy & Government Affairs NFL RepresentativeMobley, Jenna W. Monroe Whitesides Tuesday, March 31, 2015 9:28 AM Withrow, Robyn Murray, Andrew Subject: RE: Revised and marked up copy Attachments: DA 1 NFL draft Stipulated Protective Order 5 (2)dock Latest draft. H.M.Whitesides, Jr. 225 East Worthington Ave. Suite 100 ~ c. 28203 This electronic message and any attachment(s) thereto is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. Ifthe reader of this message is not the intended recipient, or the employee or agent responsible for delivering the ‘message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone or return e-mail and destroy any copies, electronic, paper or otherwise, which you may have of this communication. IRS CIRCULAR 230 NOTICE: To insure compliance with IRS regulations, we inform you that, unless expressly stated otherwise, any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purposes of (a) avoiding tax related penalties under the Internal Revenue Code or (b) promoting, marketing or recommending to another party any transaction or tax related matter addressed hereln, From: Withrow, Robyn Sent: Monday, March 30, 2015 11:09 AM To: Monroe Whitesides Subject: FW: Revised and marked up copy From: Withrow, Robyn Sent: Monday, March 30, 2015 11:07 AM ol oo hmwhiteside Subject: Revised and marked up copy Please find a revised and marked up copy attached, Robyn B. Withrow Mecklenburg County District Attorney's Office Charlotte, North CarolinaE-mail correspondence to and from this address may be subject to the North Carolina public records laws and if so, may be disclosed.STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 15 CVS 5451 MECKLENBURG COUNTY NATIONAL FOOTBALL LEAGUE, Plaintiff, STIPULATED PROTECTIVE ORDER STATE OF NORTH CAROLINA and R. ANDREW MURRAY, in His Capacity as District Attorney, 26" Dist. of North Carolina Defendants. Plaintiff National Football League (“NFL”), and Defendants State of North Carolina and R. Andrew Murray, in his capacity as District Attorney, 264 District of North Carolina (District Attorney) (cumulatively “the Parties”) herein stipulate to the entry by the Court of this protective order allowing access to certain records in possession of the Office of the District Attomey, and to that end show unto the Court the following: 1, On 13 May 2014 Gregory M. Hardy (hereafter “Hardy) was employed by the Carolina Panthers Football Team which is a Member Club of the NFL, Plaintiff in this action. 2. On that same date Hardy was charged with the offenses of Assault on a Female and Communicating Threats, misdemeanor offenses in the State of North Carolina.. On 15 July 2014 Hardy was tried in Mecklenburg County District Court for the above mentioned offenses and was found guilty as charged. He immediately entered Notice of Appeal requesting a de novo jury trial . Following Mr. Hardy’s conviction and request for a jury trial, evidence in the form of photographs and medical records offered into evidence by the District Attorney and admitted into evidence at the District Court trial were held under seal by order of ‘Superior Court Judge Lisa C. Bell. . On 9 February 2015 all charges against Hardy were dismissed by the Dit Attorney. . On 11 February 2015 Superior Court Judge Robert T. Sumner entered an order releasing the exhibits to the respective parties. The District Attomey is currently in possession of the State’s exhibits, . On 11 March 2015 Plaintiff, by and through counsel, requested the District Attorney to provide Plaintiff access to the exhibits. The District Attomey responded by denying the request stating that the exhibits were criminal investigative records exempt from disclosure under N.C. Gen, Stat. § 132-1.4. . On 18 March 2015 the NFL filed a Complaint in the General Court of Justice, Superior Court Division, Mecklenburg County, North Carolina against the State of North Carolina and the District Attomey alleging that the exhibits admitted in theDistrict Court trial were public records pursuant to the North Carolina Public Records Act, N.C. Gen. Stat. § 132-1 et seq. 9. ‘The NFL has requested in its lawsuit access to all photographs admitted into evidence by the State in the State v, Hardy trial. 10. Hardy, as an employee of the Carolina Panthers (Dallas Cowboys?) Football Team which is a Member Club of the NFL remains subject to discipline under the Personal Conduct Policy (“PCP”) of the NFL. 11, The PCP requires the NFL to obtain information acquired by law enforcement agencies, court records, and/or independent investigations conducted by the League that may bear on whether the policy has been violated. The District Attorney is in possession of such information which is relevant to the investigation and discipline procedures of the NFL and which would be useful to determine if there is credible evidence to establish that Hardy engaged in conduct prohibited by the PCP. 12. The NFL requested investigative material from CMPD including all photos taken by police department in State V. Hardy as part of their investigation into this matter. Pursuant to a Protective Order, CMPD made that available their investigative file available to the NFL. It was then determined that seven photographs (Exhibits 12 A- G) that were admitted into evidence by the State at trial were not part of the CMPD investigative file. These particular photographs were provided to the District Attomey’s Office by a non-law enforcement source.13.Of the photographs admitted into evidence in State v. Hardy, the NFL has now requested access to these seven photographs (Exhibits 12 A-G) in possession of the District Attorney. These photographs are believed to be relevant, credible evidence bearing on the question whether Mr. Hardy engaged in conduct prohibited by the PCP. 14, The exhibits are records of a criminal investigation and thus are not public records. In the interest of justice, because of the nature of the conduct involved, and due to the unique factors present in this situation, and without a judicial determination of the merits of the Plaintiff’s Complaint and any defenses that may be asserted therein, the parties have agreed as follows: a) The District Attomey will allow exclusive and limited access to the records requested by the NFL while maintaining possession, custody and. control of such exhibits so as to maintain the integrity of the prosecutorial process; b) Access to the seven exhibits shall be used for no purpose other than the NFL's Personal Conduct Policy procedures regarding the disciplinary action against Hardy; ©) Access to the seven exhibits shall be limited to the NFL and attomeys of record for the NFL, independent investigators and outside experts who may be retained by the NFL to review the records;4) Those persons who are permitted access to the exhibits are prohibited from reproducing or publishing such records. 272? 16, Pursuant to this Stipulated Protective Order and in recognition that the limited access of these exhibits is consistent with maintaining the integrity of the prosecutorial process, access to the exhibits described herein will be permitted solely by allowing the NFL representatives and experts to review such exhibits. 17.Within 48 hours after the District Attorney makes the seven exhibits available for review by the NFLplaintiff will dismis its lawsuit, National Football League v. State of North Carolina et al, Case No. 15 CVS 5451, with prejudice. Plaintiff will not request attomey’s fees pursuant to N.C. Gen. Stat. § 132-9(c). WHEREFORE, the parties request the Court to enter this Stipulated Protective Order in accordance with the terms herein. THIS the day of March 2015. Superior Court Judge PresidingCONSENTED TO BY: ROY COOPER Attorney General (date) Melissa L. Trippe Special Deputy Attorney General State Bar No. 13739 Email: mtrippe@nedoj.gov North Carolina Department of Justice 114 West Edenton Street P.O. Box 629 Raleigh, North Carolina 27602-0629 Phone: 919-716-6900 Fax: 919-716-6763, Counsel for Defendants (date) R. Andrew Murray District Attorney Prosecutorial District 26 700 East Trade St., Suite 400 Charlotte, N.C. 28202 (date) H.M.Whitesides, Jr State Bar No. 13151 225 East Worthington Ave. Suite 100 Charlotte, N.C, 28203 Phone: 704-372-7670 Fax: 704-372-7980 hmwhitesides@whitesideslaw.com Attorney for Plaintiff (date) Adolpho A. Birch IIL St. Vice President, Labor Policy & Government Affairs NEL RepresentativeSTATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 15 CVS 5451 MECKLENBURG COUNTY NATIONAL FOOTBALL LEAGUE, Plaintiff, STIPULATED PROTECTIVE ORDER STATE OF NORTH CAROLINA and R. ANDREW MURRAY, in His Capacity as District Attorney, 26" Dist. of North Carolina Defendants. Plaintiff National Football League (“NFL”), and Defendants State of North Carolina and R. Andrew Murray, in his capacity as District Attorney, 264 District of North Carolina (District Attorney) (cumulatively “the Parties”) herein stipulate to the entry by the Court of this protective order allowing access to certain records in possession of the Office of the District Attomey, and to that end show unto the Court the following: 1, On 13 May 2014 Gregory M. Hardy (hereafter “Hardy) was employed by the Carolina Panthers Football Team which is a Member Club of the NFL, Plaintiff in this action. 2. On that same date Hardy was charged with the offenses of Assault on a Female and Communicating Threats, misdemeanor offenses in the State of North Carolina.. On 15 July 2014 Hardy was tried in Mecklenburg County District Court for the above mentioned offenses and was found guilty as charged. He immediately entered Notice of Appeal requesting a de novo jury trial . Following Mr. Hardy’s conviction and request for a jury trial, evidence in the form of photographs and medical records offered into evidence by the District Attorney and admitted into evidence at the District Court trial were held under seal by order of ‘Superior Court Judge Lisa C. Bell. . On 9 February 2015 all charges against Hardy were dismissed by the Dit Attorney. . On 11 February 2015 Superior Court Judge Robert T. Sumner entered an order releasing the exhibits to the respective parties. The District Attomey is currently in possession of the State’s exhibits, . On 11 March 2015 Plaintiff, by and through counsel, requested the District Attorney to provide Plaintiff access to the exhibits. The District Attomey responded by denying the request stating that the exhibits were criminal investigative records exempt from disclosure under N.C. Gen, Stat. § 132-1.4. . On 18 March 2015 the NFL filed a Complaint in the General Court of Justice, Superior Court Division, Mecklenburg County, North Carolina against the State of North Carolina and the District Attomey alleging that the exhibits admitted in theDistrict Court trial were public records pursuant to the North Carolina Public Records Act, N.C. Gen. Stat. § 132-1 et seq. 9. ‘The NFL has requested in its lawsuit access to all photographs admitted into evidence by the State in the State v. Hardy trial. 10. Hardy, as an employee of the Carolina Panthers (Dallas Cowboys?) Football Team which is a Member Club of the NFL remains subject to discipline under the Personal Conduct Policy (“PCP”) of the NFL. 11, The PCP requires the NFL to obtain information acquired by law enforcement agencies, court records, and/or independent investigations conducted by the League that may bear on whether the policy has been violated. The District Attorney is in possession of such information which is relevant to the investigation and discipline procedures of the NFL and which would be useful to determine if there is credible evidence to establish that Hardy engaged in conduct prohibited by the PCP. 12, The NFL requested investigative material from the Charlotte-Mecklenburg Police Department including all photos taken by the police department in State V. Hardy as part of their investigation into this matter. Pursuant to a Protective Order CMPD made their investigative file available to the NFL. It was then determined that the seven photographs (Exhibits 12 A-G) that were admitted into evidence by the State at trial were not part of the CMPD investigative file. ‘These particular photographs were provided to the District Attorney’s Office by a non-law enforcement source.13.Of the photographs admitted into evidence in State v. Hardy, the NFL has now requested access to these seven photographs (Exhibits 12 A-G) in possession of the District Attorney. These photographs are believed to be relevant, credible evidence bearing on the question whether Mr. Hardy engaged in conduct prohibited by the PCP. 14, The exhibits are records of a criminal investigation and thus are not public records. In the interest of justice, because of the nature of the conduct involved, and due to the unique factors present in this situation, and without a judicial determination of the merits of the Plaintiff’s Complaint and any defenses that may be asserted therein, the parties have agreed as follows: a) The District Attorney will allow exclusive and limited access to the records requested by the NFL while maintaining possession, custody and control of such exhibits so as to maintain the integrity of the prosecutorial process; b) Access to the seven exhibits shall be used for no purpose other than the NFL's Personal Conduct Policy procedures regarding the disciplinary action against Hardy; ©) Access to the seven exhibits shall be limited to the NFL and attorneys of record for the NFL, independent investigators and outside experts who may be retained by the NFL to review the records;4) Those persons who are permitted access to the exhibits are prohibited from reproducing or publishing such records. 15, Pursuant to this Stipulated Protective Order and in recognition that the limited access of these exhibits is consistent with maintaining the integrity of the prosecutorial process, access to the exhibits described herein will be permitted solely by allowing the NFL representatives and experts to review such exhibits. 16, Within 48 hours after the District Attorney makes the seven exhibits available for review by the NFL, plaintiff will dismiss its lawsuit, National Football League v. State of North Carolina et al, Case No. 15 CVS 5451, with prejudice. Plaintiff will not request attomey’s fees pursuant to N.C. Gen. Stat. § 132-9(c). WHEREFORE, the parties request the Court to enter this Stipulated Protective Order in accordance with the terms herein. THIS the day of March 2015. Superior Court Judge PresidingCONSENTED TO BY: ROY COOPER Attorney General (date) Melissa L. Trippe Special Deputy Attorney General State Bar No. 13739 Email: mtrippe@nedoj.gov North Carolina Department of Justice 114 West Edenton Street P.O. Box 629 Raleigh, North Carolina 27602-0629 Phone: 919-716-6900 Fax: 919-716-6763, Counsel for Defendants (date) R. Andrew Murray District Attorney Prosecutorial District 26 700 East Trade St., Suite 400 Charlotte, N.C. 28202 (date) H.M.Whitesides, Jr State Bar No. 13151 225 East Worthington Ave. Suite 100 Charlotte, N.C, 28203 Phone: 704-372-7670 Fax: 704-372-7980 hmwhitesides@whitesideslaw.com Attorney for Plaintiff (date) Adolpho A. Birch IIL St. Vice President, Labor Policy & Government Affairs NEL RepresentativeSTATE OF NORTH CAROLINA MECKLENBURG COUNTY NATIONAL FOOTBALL LEAGUE, Plaintiff, v. STATE OF NORTH CAROLINA and R. ANDREW MURRAY, in His Capacity as District Attorney, 26 Dist. of North Carolina Defendants. Plaintiff National Football League (“NFL”), and Defendants State of North Carolina and R. Andrew Murray, in his capacity as District Attomey, 26" District of North Carolina (District Attorney) (cumulatively “the Parties”) herein stipulate to the entry by the Court of this protective order allowing access to certain records. of criminal investigations in possession of the Office of ) ) d ) ) ) ) ) ) ) ) ) IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 15 CVS 5451 STIPULATED PROTECTIVE ORDER the District Attomey, and to that end show unto the Court the following: 1. On 13 May 2014 Gregory M. Hardy (hereafter “Hardy) was employed by the Carolina Panthers Football Team which is a Member Club of the NFL, Plainti this action, 2. On that same date Hardy was charged with the offenses of Assault on a Female and Communicating Threats, misdemeanor offenses in the State of North Carolina. 3. On 15 July 2014 Hardy was tried in Mecklenburg County District Court for the above mentioned offenses and was found guilty as charged. He immediately entered Notice of Appeal requesting a de novo jury trial 4, Following Mr. Hardy's conviction and request for a jury trial, evidence in the form of photographs and medical records offered into evidence by the District Attorney andadmitted into evidence at the District Court trial were held under seal by order of Superior Court Judge Lisa C. Bell. 5. On 9 February 2015 all charges against Hardy were dismissed by the District Attorney. 6. On 11 February 2015 Superior Court Judge Robert T. Sumner entered an order releasing the exhibits to the respective parties. ‘The District Attomey is currently in possession of the State’s exhibits. 7. On 11 March 2015 Plaintiff, by and through counsel, requested the District Attorney to provide Plaintiff access to the exhibits. ‘The District Attomey responded by denying the request stating that the exhibits were criminal investigative records exempt from disclosure under N.C, Gen. Stat. § 132-14, On 18 March 2015 the NFL filed a Complaint in the General Court of Justice, Superior Court Division, Mecklenburg County, North Carolina against the State of North Carolina and the District Attorney alleging that the exhibits admitted in the District Court trial were public records pursuant to the North Carolina Public Records Act, N.C. Gen. Stat. § 132-1 et seq. 9. The NFL has requested in its lawsuit access to all photographs the -forty-nine-(49) ‘exhibits-admitted into evidence by the State in the State v. Hardy trial. 10, Hardy, as an employce of the Carolina-Panthers-{Dallas Cowboys?) Football Team which is a Member Club of the NFL remains subject to discipline under the Personal Conduct Policy (“PCP”) of the NEL. 11, The PCP requires the NFL to obtain information acquired by law enforcement agencies, court records, and/or independent investigations conducted by the Leaguethat may bear on whether the policy has been violated, ‘The District Attorney is in possession of such information which is relevant to the investigation and discipline procedures of the NFL and which would be useful to determine if there is credible evidence to establish that Hardy engaged in conduct prohibited by the PCP. 412-—H-is—the-poliey-of the -Disteio 1y-—that—all-decumentaryenhibits—aad photogsaphs-to-be-offered-into-evidenee-in-a-criminal trial_are-to-be-givento-the defendant-end-his-counsel-prior4o-trial Phe Distriet-Atiomey followed that poliey-in the Stato-s-Hardy case: 12, The NFL. requested investigative material from CMPD including all photos taken by police department in State V, Hardy as part of their investigation into this matter, Pursuant to a Protective Order, CMPD made that available their investigative file available to the NFL. It was then determined that seven photographs (Exhibits 12 A- G) that were admitted into evidence by the State at trial were not part of the CMPD investigative file. These particular photographs were provided to the District Attomey’s Office by a non-law enforcement sou 13, -Of the photographs forty-nine-{49}-exbibits-admitted into evidence in State v. Hardy, the NFL has now requested access to these seven photographs (Exhibits 12 A-G) in possession of the District Attorney. These photographs are believed to be relevant, credible evidence bearing on the question whether Mr. Hardy engaged in conduct prohibited by the PCP, 14, The DisitietAttorney—contonds—thet—the-exhibits are records of a criminal investigation and thus exempt-from-diselosure-mider-G-S.132-l-are_not_public records, However, these records of criminal investigations conducted _by lawenforcement agencies may be released by order of a court of competent jurisdiction pursuant to G.S, 132-14(a).. The NEL-contends-that-the-exhibits-are-subjeet-to diselosure-pursuant-to-the-Pablie Reeords Aet-G-S132-Let-seq—In the interest of compromise justice, because of the nature of the conduct involved, and due to the unique factors present in this situation, and without a judicial determination of the merits of the Plaintiffs Complaint and any defenses that may be asserted therein, the parties have agreed as follows: a) The District Attorney will allow exclusive and limited access to the records reeords requested by the NFJ—while maintaining possession, custody and control of such exhibits so as to maintain the integrity of the prosecutorial process; b) Access to the seven exhibits shall be used for no purpose other than the NEL’s Personal Conduct Policy procedures regarding all the disciplinary actions against Hardy; ©) Access to the seven exhibits shall be limited to the parties NFL, NFLPA, and attorneys of record for the partiesNEL and NFLPA, independent investigators and outside experts who may be retained by the NFL_and NELPA to review the records; 4) Those persons who are permitted access to the exhibits are prohibited from reproducing or publishing such records-2222 but may deseribe, draw conclusions from or reference the photos in any report, discipline letter(s), {he context of an appeal relating to such disciplinary arbitration, or witl action or actions,15. Pursuant to this Stipulated Protective Order and in recognition that the limited access of these exhibits is consistent with maintaining the integrity of the prosecutorial process, access to the exhibits described herein will be permitted solely by allowing the NFL and NFLPA representatives and experts to review such exhi 16-This- Agreement shall-be-g by-the laws ofthe State- of North-Carolina-with reference to-which-choice of law principles the pasties expressly agree-and-onsent that_jurisdietion-over-any-dispute-coneerning this Agreement including without imitation any-vielation-or bresel-thereot-shall-be-resolved exelusively in the Superior Sourt—for- Mecklenburg, .North-Carolina_which—Court-shall é involving-th d-the-stipulati 4 P iP 17:16. -Within 48 hours after the District Attorney makes the seven exhibits available for review by the NFL>Pplaintiff will dismiss its lawsuit, National Football League v. State of North Carolina et al, Case No. 15 CVS $451, with prejudice. Plaintiff will not request attorney's fees pursuant to N.C. Gen. Stat. § 132-9(¢). +8.This Agreement has-been-reviewed by-counsel-for-the-parties-and-shall-be-deemed-to have-peen-jointly drafted by-the-partiesfor_the-purposes-of-applying-any-rule-of eonstiuetion: 49This Agreement embodies, merges, and integrates all-prior-and-current-agreements and-understandings—of the-paties_hereto—No-oral-understandings statements; . 4 as he_terms_of this Agi ist Th Agreemonteannot-be-ehanged-or terminated orally:WHEREFORE, the parties request the Court to enter this Stipulated Protective Order in accordance with the terms herein, THIS the __day of MarehApril, 2015. Superior Court Judge PresidingCONSENTED TO BY: ROY COOPER Attorney General (date) Melissa L. Trippe Special Deputy Attorney General State Bar No. 13739 Email: mtrippe@nedoj.gov North Carolina Department of Justice 114 West Edenton Street P.O. Box 629 Raleigh, North Carolina 27602-0629 Phone: 919-716-6900 Fax: 919-716-6763 Counsel for Defendants ——_(date) R. Andrew Murray istrict Attomey Prosecutorial District 26 700 Bast Trade St., Suite 400 Charlotte, N.C. 28202 (date) H.M. Whitesides, Jr. State Bar No, 13151 225 Rast Worthington Ave. Suite 100 Charlotte, N.C. 28203 Phone: 704-372-7670 Fax: 704-372-7980 hmwhitesides@whitesidestaw.com Attorney for Plaintiff (date) ‘Adolpho A. Birch lit Sr, Vice President, Labor Policy & Government Affairs NEL RepresentativeMobley, Jenna W. (0 ie Tuesday, March 31, 2025 10:02 AM Mobley, Jenna W. Murray, Andrew; Raphael Ginsburg Mr, Murray's travel arrangements Jenna, If you would send my assistant Rafi Ginsberg, who is cced on this email, Andrew's info for his plane ticket, Rafi wll go ahead and make the reservations for Thursday. Unless Andrew has another preference, we propose to fly him here on US Air at 7:55 am getting into Laguardia at 9:48. The plan is to meet at the NFL's offices located at 345 Park Avenue and ‘we will have a car waiting for him at the airport to take him there. { will arrange for Dr. Hirsch to come at 11:30 a.m... There is a return US Air flte at 3:50 pm that he should have no trouble making unless he would like to go back later for some reason. Visit with friends? Have a nice dinner in NY? Just let me know. We are happy to accommodate him, Rafts direct line f you need it hanks for your assistance with this. Lisa ira Friel Vice President Sexual Misconduct Consulting & Investigations ‘TAM Protection Resources, LLC n 230 Park Avenue, ute 440, in Investzations/Execative Protection Security Conguling/OataForensls& Information Secuty/Sexual Misconduct Consulting & investigation “Te formation contain inthis message may be peveged and confidential nd protected rom dose te reader of tis ressago nol the Intended ecient, or an mpoyee or agen esporsbl for doivrng is massage fo the tended ecpe, you ae rey need at any dseminaon, dstbuon or copying is ‘unison shy probs. Kyou havo reeled hs cormunicaion neo, please noly us ined by cepying to he messape and dng rom your ‘emp. Thankyou. TAM Protection Resourees, LL.Mobley, Jenna W. : (2 ie Fror Sent Tuesday, March 3, 2015 419 PM To: Monroe Whitesides: Murray, Andrew; Trippe, Melissa; Birch, Adolpho (Acolpho Sic I ence, Barton Subject: RE: Stipulated Protective Order 6,docxFINAL 2.docx Great. Thanks everyone for all your work on this and for doing so in such an expedited fashion. Lisa “tise M. Frit Vice President Sexual Misconduct Consulting & " 230 Park Avenue, Suite 440, {nestgations/Exeatve Protection Sacurty Consuling/Date Forensics & Information Security Sexual Misconduct Consulting & investigations “To fmaon confined in message may be pivoged and confident apd protected rm alos the eader of ils messago sno the inlened ecient, or novos or age eeponsbl for desvorng Ine message tothe lone ecptet, you ae era need that any seminabon,dsbuon or expying of His ‘communications eich probes you havo caved is conarzalon ine, please ntty us menedately replying tothe messspe and dating rom you amputr Thank yu. TAN Protection Rasouens, LC. rom: Monroe Whitesides Sent: Tuesday, March 31, 2015 4:25 PM To: andrew.m tippe, Melissa; Birch, Adolpho (Adolpho. Birch Lisa Friel; barton.menser ‘Subject: RE: Stipulated Protective Order 6.docxFINAL 2.docx Everyone signed so Bart and | will present this to the judge tomorrow at 9:30am. H.M.Whitesides, Jr 225 East Worthington Ave. Suite 100 Charlotte,N.C. 28203 This electronic message and any attachment(s) thereto is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable Jaw. Ifthe reader of this message is not the intended recipient, or the employee or agent responsible for delivering the ‘message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this, communication is strictly prohibited. if you have received this communication in error, please immediately notify us bytelephone or return e-mail and destroy any copies, electronic, paper or otherwise, which you may have of this communication. IRS CIRCULAR 230 NOTICE: To insure compliance with IRS regulations, we inform you that, unless expressly stated otherwise, any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purposes of (a) avolding tax related penalties under the Internal Revenue Code or (b) promoting, marketing or recommending to another party any transaction or tax related matter addressed herein. 07 PM rippe, Melisa’, Birch, Adolpho (Adolpho.6irc iM Lisa Frie! [barton.men: ‘Stipulated Protective Order 6.docxt JOCK Subject Final version approved by Melissa and Mot ifapreesbleplese fox your signature tlSTATE OF NORTH CAROLINA. IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION MECKLENBURG COUNTY 15 CVS 5451 NATIONAL FOOTBALL LEAGUE Plaintiff, STIPULATED PROTECTIVE ORDER v. STATE OF NORTH CAROLINA and R. ANDREW MURRAY, in His Capacity as District Attomey, 26" Dist. of North Carolina Defendants. Plaintiff National Football League (“NFL”), and Defendants State of North Carolina and )) ) ) ) ) ) ) ) ) ) ) ) R. Andrew Murray, in his capacity as District Attorney, 26 District of North Carolina (District Attomey) (cumulatively “the Parties”) herein stipulate to the entry by the Court of this protective order allowing access to certain records of criminal investigations in possession of the Office of the District Attorney, and to that end show unto the Court the following: 1. On 13 May 2014 Gregory M. Hardy (hereafter “Hardy) was employed by the Carolina Panthers Football Team which is a Member Club of the NFL, Plaintiff in this action, 2. On that same date Hardy was charged with the offenses of Assault on a Female and Communicating Threats, misdemeanor offenses in the State of North Carolina, 3. On 15 July 2014 Hardy was tried in Mecklenburg County District Court for the above mentioned offenses and was found guilty as charged. He immediately entered Notice of Appeal requesting a de novo jury trial,10. Following Hardy’s conviction and request for a jury tial, documents and photographs offered by the District Attorney and admitted into evidence in the District Court trial ‘were held under seal by order of Superior Court Judge Lisa C, Bell. On 9 February 2015 all charges against Hardy were dismissed by the District Attorney. On 11 February 2015 Superior Court Judge Robert T. Sumner entered an order releasing the exhibits to the respective parties, ‘The District Attorney is currently in possession of the State’s exhibits On 11 March 2015 Plaintiff, by and through counsel, requested the District Attorney to provide Plaintiff access to the exhibits. ‘The District Attomey responded by denying the request stating that the exhibits were criminal investigative records exempt from disclosure under N.C. Gen. Stat. § 132-1.4. On 18 March 2015 the NFL filed a Complaint in the General Court of Justice, Superior Court Division, Mecklenburg County, North Carolina against the State of North Carolina and the District Attorney alleging that the exhibits admitted in the District Court trial were public records pursuant to the North Carolina Publie Records Act, N.C. Gen, Stat. § 132-1 ef seq. ‘The NFL has requested in its lawsuit access to all photographs admitted into evidence by the State in the State v. Hardy trial. Hardy, as a former employee of the Carolina Panthers Football Team and a current employee of the Dallas Cowboys Football Team, both of which are Member Clubs of the NFL remains subject to discipline under the Personal Conduct Policy (“PCP”) of the NFL.i. 12. 13. 14, ‘The PCP requires the NEL to obtain information acquired by law enforcement agencies, court records, and/or independent investigations conducted by the League that may bear on whether the policy has been violated. ‘The District Auomey is in possession of such information which is relevant to the investigation and discipline procedures of the NFL and which would be useful to determine if there is credible evidence to establish that Hardy engaged in conduct prohibited by the PCP. ‘The NFL requested investigative material from the Charlotte Mecklenburg Police Department (CMPD) including all photos taken by the police department in State v. Hardy 2s part of their investigation into this matter. Pursuant to a Protective Order, the CMPD made available their investigative file to the NFL. It was then determined that seven photographs, (Exhibits 12 A-G) that were admitted into evidence by the State at trial were not part of the CMPD investigative file. These particular photographs were provided to the District Attomey’s Office by a non-law enforcement source. Of the photographs admitted into evidence in State v. Hardy, the NEL has now requested access to these seven photographs in possession of the District Attomey. These photographs are believed to be relevant, credible evidence that may bear on whether the PCP has been violated by Hardy. ‘The photographs are records of a criminal investigation and thus are not public records. However, these records of criminal investigations conducted by law enforcement agencies may be released by order of a court of competent jurisdiction pursuant to N.C. Gen, Stat, § 132-1.4(a). In the interest of justice, because of the nature of the conduct involved, and due to the unique factors present in this situation,and without a judicial determination of the merits of the Plaintif?'s Complaint and any defenses that may be asserted therein, the parties have agreed as follows: a) The District Attorney will allow exclusive and limited access to the photographs requested by the NFL while maintaining possession, custody and control of the photographs so as to maintain the integrity of the prosecutorial process; b) Access to the seven photographs shall be used for no purpose other than the NFL’s Personal Conduet Policy procedures regarding all disciplinary actions against Hardy; ©) Access shall be limited to the NFL, NFLPA, Hardy and their attomeys of, record as well as independent investigators and outside experts who may be retained by the NFL, NFLPA and Hardy to review the photographs; and ted access to the exhibits are prohibited 4) Those persons who are per from reproducing or publishing such records but may describe, draw conclusions from or reference the photos in any report, discipline lettex(s), arbitration, or within the context of an appeal relating to such disciplinary action or actions. 15, Pursuant to this Stipulated Protective Order and in recognition that the limited access to these photographs is consistent with maintaining the integrity of the prosecutorial process, access to the photographs described herein will be permitted solely by allowing the NFL, NFLPA and Hardy representatives and experts to review the photographs.16, Within two business days after the District Attomey makes the seven photographs available for review, Plaintiff will dismiss its lawsuit, National Football League v. State of North Carolina et al., Case No. 15 CVS 5451, with prejudice, Plaintiff will not request attorney’s fees pursuant to N.C. Gen, Stat, § 132-9(¢). WHEREFORE, the parties request the Court to enter this Stipulated Protective Order in accordance with the terms herein. THIS the day of April 2015, Superior Court Judge PresidingCONSENTED TO BY: (date) Melissa L. Trippe Special Deputy Attorney General State Bar No, 13739 Email: mtrippe@nedoj.gov North Carolina Depariment of Justice 114 West Edenton Street P.O. Box 629 Raleigh, North Carolina 27602-0629 Phone: 919-716-6900 Fax: 919-716-6763 Counsel for Defendants (date) R. Andrew Murray State Bar No. 19196 District Attorney Prosecutorial District 26 700 East Trade St., Suite 400 Charlotte, N.C, 28202 (date) HM Whitesides, Ir State Bar No. 13151 225 Hast Worthington Ave. Suite 100 Charlotte, N.C. 28203 Phone: 704-372-7670 Fax: 704-372-7980 hmwhitesides@whitesidesiaw.com Attorney for Plaintiff, National Football League ——________(date) ‘Adolpho A. Birch Hil Sr. Vice President, Labor Policy & Government Affairs NFL Representativei NATIONAL FOOTBALL LEAGUE ROGER GOODELL Commissfoner May 5, 2015 Mr, R. Andrew Murray District Attorney Mecklenburg County District Attomey's Office 700 E. Trade Street Charlotte, North Carolina 28202 Dear District Attorney Murray, I write to thank you and your staff for your cooperation and assistance with the League’s investigation of Greg Hardy. ‘The National Football League is deeply committed to ensuring that all members of the NFL. family uphold the values upon which our League is based. In that respect, itis of utmost importance that we are able to promptly and thoroughly investigate any allegations of criminal misconduct, particularly allegations of domestic violence or sexual assault. ‘The assistance and cooperation of law enforcement is critical to that process, and your willingness to do so with regard to Mr, Hardy enabled us to make considered findings and reach a result that we believe was appropriate and just. Aull ROGER GOODELL, voains Sor your spat and offre gait for your support ana chew. Sincerely, 345 Park Avenue, Hew York, New York 10154 Tel (212) 450-2000 Fax (212) 681-7574