Case 1:15-cv-20782-JEM Document 196 Entered on FLSD Docket 12/11/2015 Page 1 of 2

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA
Case No. 15-cv-20782-MARTINEZ/GOODMAN
DENNIS MONTGOMERY,
Plaintiff,
v.
JAMES RISEN et al.,
Defendants.
________________________/
DEFENDANTS NOTICE OF FILING SUPPLEMENTAL AUTHORITY RELATED TO
ALL FILINGS CONCERNING PLAINTIFFS SOFTWARE
Attached as Exhibit A is an e-mail related to all filings concerning Plaintiffs software,
including, but not limited to, (1) Plaintiffs objections to portions of Magistrate Judges order of
August 22, 2015, ECF No. 125, and all related briefing thereon; (2) Defendants motion for
sanctions, ECF. No. 166, and all related briefing thereon; and (3) Plaintiffs motion for extension
of time to reset discovery deadline, ECF No. 181, and all related briefing thereon.

Case 1:15-cv-20782-JEM Document 196 Entered on FLSD Docket 12/11/2015 Page 2 of 2

Dated: December 11, 2015

Respectfully submitted,

s/Brian W. Toth
Sanford L. Bohrer
Florida Bar No. 160643
sbohrer@hklaw.com
Brian W. Toth
Florida Bar No. 57708
brian.toth@hklaw.com
HOLLAND & KNIGHT LLP
701 Brickell Avenue, Suite 3300
Miami, Florida 33131
Telephone: (305) 374-8500
Fax: (305) 789-7799
and
Laura R. Handman (admitted pro hac vice)
laurahandman@dwt.com
Micah J. Ratner (admitted pro hac vice)
micahratner@dwt.com
DAVIS WRIGHT TREMAINE LLP
1919 Pennsylvania Ave., NW, Suite 800
Washington, D.C. 20006
Tel.: (202) 973-4200
Fax: (202) 973-4499
Counsel for Defendants

CERTIFICATE OF SERVICE
I certify that on December 11, 2015, I filed this document with the Clerk of Court using
CM/ECF, which will serve this document on all counsel of record.
s/Brian W. Toth

Case 1:15-cv-20782-JEM Document 196-1 Entered on FLSD Docket 12/11/2015 Page 1 of 2

EXHIBIT A

Case 1:15-cv-20782-JEM Document 196-1 Entered on FLSD Docket 12/11/2015 Page 2 of 2

Ratner, Micah
From:
Sent:
To:
Cc:
Subject:

Schwartz, Ted (OGC) (FBI) <Ted.Schwartz@ic.fbi.gov>

Friday, December 11, 2015 10:43 AM
Larry Klayman
Dina James; Curtis, Deborah (USADC); Gomez, Raphael (CIV); Handman, Laura; Ratner,
Micah; Baker, James A. (OGC) (FBI); Schwartz, Ted (OGC) (FBI)
Montgomery v. Risen

Mr. Klayman this responds to your November 16, 2015 email. I am advised that the Dropbox link which you forwarded
from Mr. Montgomery is to a file filtering program which is not of any use in locating the alleged software in the absence
of the specific information which the FBI had requested in its September 8 letter, namely, the number or designator of
the drive on which the software is present and the file name of the software. As a result, and given the fact that Mr.
Montgomery does not believe that the FBI is in possession of the software, the FBIs position as stated in my October 23
email remains unchanged.
Ted Schwartz
Assistant General Counsel
Civil Litigation Unit I, OGC
FBI
Confidentiality Statement
This message is transmitted to you by the Office of the General Counsel of the Federal Bureau of Investigation. The
message, along with any attachments, may be confidential and legally privileged. If you are not the intended recipient
of this message, please destroy it promptly without further retention or dissemination (unless otherwise required by
law). Please notify the sender of the error by a separate e-mail.