UNITED STATES DISTRICT COURT ALVIN BALDUS, CINDY …

1 Case: 3:15-cv-00421-bbc Document #: 111 Filed: 05/02/16 Page 1 of 195. UNITED STATES DISTRICT COURT . EASTERN DISTRICT OF WISCONSIN. _____. ALVIN BALDUS, CINDY barbera , CARLENE BECHEN, RONALD BIENDSEIL, RON BOONE, VERA BOONE, ELVIRA BUMPUS, EVANJELINA CLEEREMAN, SHEILA COCHRAN, LESLIE W. DAVIS III, BRETT ECKSTEIN, MAXINE HOUGH, CLARENCE JOHNSON, RICHARD KRESBACH, RICHARD LANGE, GLADYS MANZANET, ROCHELLE MOORE, AMY RISSEEUW, JUDY ROBSON, GLORIA ROGERS, JEANNE SANCHEZ-BELL, CECELIA SCHLIEPP, and TRAVIS THYSSEN, Plaintiffs, TAMMY BALDWIN, GWENDOLYNNE MOORE, and RONALD KIND, Intervenor-Plaintiffs, Civil Action v. File No. 11-CV-562. Members of the Wisconsin Government Accountability Board, each only in his official capacity: MICHAEL BRENNAN, DAVID DEININGER, GERALD NICHOL, THOMAS CANE, THOMAS BARLAND, and TIMOTHY VOCKE, _____. [Caption Continued]. 30(b)(6) VIDEOTAPE DEPOSITION. ADAM R. FOLTZ. Madison, Wisconsin April 30, 2013. Susan C.

2 Milleville, COURT Reporter Case: 3:15-cv-00421-bbc Document #: 111 Filed: 05/02/16 Page 2 of 195. and KEVIN KENNEDY, Director and General Counsel for the Wisconsin Government Accountability Board, Defendants, F. JAMES SENSENBRENNER, JR., THOMAS E. PETRI, PAUL D. RYAN, JR., REID J. RIBBLE, and SEAN P. DUFFY, Intervenor-Defendants. _____. VOCES DE LA FRONTERA, INC., RAMIRO VARA, OLGA WARA, JOSE PEREZ, and ERICA RAMIREZ, Plaintiffs, v. Case No. 11-CV-1011. JPS-DPW-RMD. Members of the Wisconsin Government Accountability Board, each only in his official capacity: MICHAEL BRENNAN, DAVID DEININGER, GERALD NICHOL, THOMAS CANE, THOMAS BARLAND, and TIMOTHY VOCKE, and KEVIN KENNEDY, Director and General Counsel for the Wisconsin Government Accountability Board, Defendants. _____. 2. FOR THE RECORD, INC. / MADISON, WISCONSIN / (608) 833-0392. Case: 3:15-cv-00421-bbc Document #: 111 Filed: 05/02/16 Page 3 of 195. 1 I N D E X. 2 Witness Pages 3 ADAM R.

3 FOLTZ. 4 Examination by Mr. Poland 6/171. 5 Examination by Mr. Earle 134/174. 6 Examination by Mr. Jacob 169. 7 Examination by Ms. Buchko 171. 8. 9. 10. 11. E X H I B I T S. 12. No. Description Identified 13. 29 Third Declaration of Mark Lanterman 97. 14. 15. (The original exhibit was attached to the original 16 transcript and copies were provided to counsel). 17. 18. 19. 20. 21. 22. 23. 24. (The original deposition transcript was filed with 25 Attorney Douglas M. Poland). 3. FOR THE RECORD, INC. / MADISON, WISCONSIN / (608) 833-0392. Case: 3:15-cv-00421-bbc Document #: 111 Filed: 05/02/16 Page 4 of 195. 1 VIDEOTAPE DEPOSITION of ADAM R. FOLTZ, called 2 as a 30(b)(6) witness of lawful age, taken on behalf 3 of the Plaintiffs, wherein ALVIN Baldus, et al., are 4 Plaintiffs, and Members of the Wisconsin Government 5 Accountability Board, et al., are Defendants, pending 6 in the UNITED STATES DISTRICT COURT for the 7 Eastern DISTRICT of Wisconsin, pursuant to subpoena, 8 before Susan C.

4 Milleville, a COURT Reporter and 9 Notary Public in and for the State of Wisconsin, at 10 the offices of Godfrey & Kahn, , Attorneys at 11 Law, One East Main Street, in the City of Madison, 12 County of Dane, and State of Wisconsin, on the 30th 13 day of April 2013, commencing at 2:14 in the 14 afternoon. 15. 16. 17 A P P E A R A N C E S. 18. 19 DOUGLAS M. POLAND, Attorney, for GODFREY & KAHN, , Attorneys at Law, 20 One East Main Street, Suite 500, Madison, Wisconsin 53703, appearing on behalf of 21 Plaintiffs ALVIN Baldus, et al. 22. PETER G. EARLE, Attorney, 23 for LAW OFFICE OF PETER EARLE, LLC, Attorneys at Law, 839 North Jefferson Street, Suite 300, 24 Milwaukee, Wisconsin 53202, appearing by telephone on behalf of Plaintiffs 25 Voces De La Frontera, Inc., et al. 4. FOR THE RECORD, INC. / MADISON, WISCONSIN / (608) 833-0392. Case: 3:15-cv-00421-bbc Document #: 111 Filed: 05/02/16 Page 5 of 195. 1 A P P E A R A N C E S (Continued).

5 2. 3 MARIA S. LAZAR, Assistant Attorney General, for STATE OF WISCONSIN DEPARTMENT OF JUSTICE, 4 17 West Main Street, Madison, Wisconsin 53703, appearing on behalf of Defendant Members of 5 the Wisconsin Government Accountability Board. 6. AYAD P. JACOB, Attorney, 7 for SCHIFF HARDIN LLP, Attorneys at Law, 6600 Willis Tower, Chicago, Illinois 60606, 8 appearing on behalf of Michael Best &. Friedrich LLP. 9. 10 CYNTHIA L. BUCHKO, Attorney, for WHYTE HIRSCHBOECK DUDEK , Attorneys at Law, 11 33 East Main Street, Suite 300, Madison, Wisconsin 53701-1379, appearing on behalf of 12 the Wisconsin Senate, Wisconsin Assembly, Wisconsin Senate Chief Clerk Jeff Renk, 13 Wisconsin Assembly Chief Clerk Patrick E. Fuller and the Wisconsin Legislative Technology 14 Services Bureau. 15. JAMES T. MURRAY, JR., Attorney, 16 for PETERSON, JOHNSON & MURRAY, , Attorneys at Law, 788 North Jefferson Street, 17 Suite 500, Milwaukee, Wisconsin 53202, appearing on behalf of the witness.

6 18. 19 MICHAEL J. FITZGERALD, Attorney, for FITZGERALD LAW FIRM, , Attorneys at Law, 20 526 East Wisconsin Avenue, Milwaukee, Wisconsin 53202, also appearing on behalf of 21 the witness. 22. Also present: Todd S. Campbell, CLVS. 23 Campbell Legal Video Company 417 Heather Lane, Suite B. 24 Fredonia, WI 53021. (262) 447-2199. 25. 5. FOR THE RECORD, INC. / MADISON, WISCONSIN / (608) 833-0392. Case: 3:15-cv-00421-bbc Document #: 111 Filed: 05/02/16 Page 6 of 195. 1 ADAM R. FOLTZ, 2 called as a witness, being first duly sworn, 3 testified on oath as follows: 4 EXAMINATION. 02:14PM 5 By Mr. Poland: 6 Q Mr. Foltz, you have in front of you a document 7 that has already been marked as Exhibit No. 3. If 8 you would look at the exhibit stickers on the 9 bottom right of the document, you will see one 02:14PM 10 that's marked No. 3. 11 A Okay. 12 Q I'm going to ask you if you would pull that out of 13 the stack and put it in front of you. You can 14 push the others to the side for now or push them 02:14PM 15 up.

7 16 A Okay. 17 Q Have you seen Exhibit No. 3 before? 18 A Yes. 19 Q What is Exhibit No. 3? 02:14PM 20 A A subpoena for the Wisconsin State Assembly. 21 Q And this is a specific kind of a subpoena. It's a 22 subpoena to testify at a deposition taken pursuant 23 to Rule 30(b)(6) of the Federal Rules of Civil 24 Procedures, and that means that you're here in a 02:15PM 25 representative capacity testifying on behalf of 6. FOR THE RECORD, INC. / MADISON, WISCONSIN / (608) 833-0392. Case: 3:15-cv-00421-bbc Document #: 111 Filed: 05/02/16 Page 7 of 195. 30(b)(6) VIDEOTAPE DEPOSITION OF ADAM R. FOLTZ 4/30/2013. 1 the Wisconsin State Assembly. Do you understand? 2 A Yes. 3 Q When did you first see Exhibit No. 3? 4 A Early last week. 02:15PM 5 Q Who gave Exhibit No. 3 to you? 6 A Either Tom Pyper or CINDY Buchko. 7 Q Now, Exhibit No. 3 calls for a representative of 8 the Wisconsin State Assembly. 9 A Uh-huh. 02:15PM 10 Q Do you see that? 11 A Yes.

8 12 Q Do you know how you came to be the person who is 13 designated to testify on behalf of the State 14 Assembly? 02:15PM 15 A Related to my prior duties involved in 16 redistricting for the State Assembly when I worked 17 for Speaker Fitzgerald last legislative session. 18 Q Do you know who made the decision that you would 19 be the designee? 02:15PM 20 A I believe it was a group decision not attributable 21 to a single person. 22 Q Who was involved in making that decision? 23 A Speaker Vos's office, legal counsel. 24 Q When you say legal counsel, do you mean Mr. Pyper 02:16PM 25 and Ms. Buchko? 7. FOR THE RECORD, INC. / MADISON, WISCONSIN / (608) 833-0392. Case: 3:15-cv-00421-bbc Document #: 111 Filed: 05/02/16 Page 8 of 195. 30(b)(6) VIDEOTAPE DEPOSITION OF ADAM R. FOLTZ 4/30/2013. 1 A That's correct. 2 Q Anyone else involved in making that decision that 3 you know of? 4 A Not that I know of. 02:16PM 5 Q What did you do to prepare for your deposition 6 here today?

9 7 A Met with legal counsel. 8 Q Again, that's Ms. Buchko? 9 A Yes. And Mr. Pyper. 02:16PM 10 Q And Mr. Pyper? Did you meet with any other legal 11 counsel? 12 A Yes. Mr. Fitzgerald and Mr. Murray. 13 Q When did you first meet with Mr. Fitzgerald and 14 Mr. Murray in connection with the 30(b)(6). 02:16PM 15 deposition notice? 16 A I don't know if it's accurate to say that I met 17 with -- let me back up. I don't know if it's 18 accurate to say that I met with Mr. Murray and 19 Mr. Fitzgerald regarding the 30(b)(6) but under my 02:16PM 20 deposition as an individual. I should be clear 21 about that. The lines obviously get a little 22 blurred given kind of the dual nature, but I would 23 say it's accurate to say that I met with 24 Ms. Buchko and Mr. Pyper regarding the 30(b)(6). 02:17PM 25 specifically. 8. FOR THE RECORD, INC. / MADISON, WISCONSIN / (608) 833-0392. Case: 3:15-cv-00421-bbc Document #: 111 Filed: 05/02/16 Page 9 of 195.

10 30(b)(6) VIDEOTAPE DEPOSITION OF ADAM R. FOLTZ 4/30/2013. 1 Q And when you met with Mr. Pyper and Ms. Buchko, 2 what did you do to prepare for your deposition? 3 A Just a general conversation. Reviewed some 4 documents. 02:17PM 5 Q What documents did you review? 6 A A series of E-mails that -- or a series of 7 documents, I should say not limited to E-mails 8 necessarily, involving this ongoing action. 9 Q Do you recall what documents specifically you 02:17PM 10 reviewed? 11 A I believe they were documents that were included 12 as exhibits in some of the motions that have been 13 filed with the COURT . 14 Q Did you review the motions themselves that have 02:17PM 15 been filed with the COURT ? 16 A I did not. 17 Q These were exhibits that were attached to the 18 documents? 19 A I believe so. 02:17PM 20 Q Do you recall any specific documents that you 21 reviewed? 22 A The documents as listed -- the ones that I believe 23 were attached as exhibits to the filings with the 24 COURT .