12015-24924 12/08/2015 02:48:21 PM, Index #: 2016-0919
an th parte tern of heir
At the Supreme Count, Tompkins County a¢ Ae
the 4 day of December, 2015 ate
Cortnd Cogaty Courthouse 2a \
STATE OF NEW YORK
SUPREME COURT ~ TOMPKINS COUNTY
In the Matter of the Petition of
WILLIAM A. JACOBSON,
Petitioner,
For an Order and Injunctive Relief Pursuant to
CPLR 3102(c) Preserving Records and Evidence
against ORDER TO SHOW CAUSE AND
TEMPORARY RESIRAWG oA DER “(7)
ITHACA CITY SCHOOL DISTRICT, (
ITHACA TEACHERS ASSOCIATION
‘And John and Jane Does, being employees of ICSD Index No. 2015-0917
whose idemities are not yet known,
Respondents
Upon reading the Verified Petition of William A. Jacobson, and the exhibits thereto,
and for good cause shown, it ishereby ORDERED:
That Respondents Ithaca City Schoo! District (ICSD) and Ithaca Teachers Association
at the jamP Eins County Courfrod se qi
UTA) are ordered to show couse on the & “day oF Janae,
|. Ordering ICSD and ITA to obtain and preserve all records responsive to Petitioner's
should not be issued
September 29, 2015 Freedom of Information Law (FOIL) request, including but not
limited to responsive records contained on the personal electronic devices, computers,12015-24924
12/08/2018 02:45:21 PM. Index #: 2015-0919,
cell phones and storage devices, and personal email accounts, of ICSD and ITA
employees;
2. Ordering ICSD and ITA employees to be identified to provide all such records
referred to in paragraph I to ICSD for review as part ofits response to Petitioner's
FOIL Request
Ordering TFA to cease and desist from interfering in ICSD’s compliance with this
Order end ICSD"s Response to Petitioner's FOIL Request, including but not limited
to ceasing and desisting from instructing ITA members not to provide to [CSD
records responsive to Petitioner's FOIL Request, and requiring ITA to turn over to
ICSD for review any and all records responsive to Petitioner's FOIL Request to
Icsp.
4. Ordering that ICSD and I'TA identify to Petitioner the identities of ICSD and ITA
employees and other persons who ICSD and I'’A believe have records responsive to
Petitioner's FOIL Request that have not yet been provided to ICSD for review, and
the location of such records.
5. Ordering that Petitioner may take discovery to ascertain the existence and location of
records, including subpoenainy witnesses for testimony and issuing suhpounue dices
jecun
And it is further ORDERED, that pending hearing and decision on this Order to Show
Cause and pending further Order of this Cour, that:
A. ICSD and IVA and ail of their employees and persons under their contol are enjoined
and prohibited from destroying, deleting, damaging or secreting any and all records,
including but not limited to records contained on personal electronic devices,2015-24924 12/08/2015 02:45:21 PM Index #: 2015-0919
computers, cell phones and storage devices, and personal email accounts, related to
the appearance of Bassem Tamimi at the Beverly J, Martin School (the “Pamimi
Event");
one bustaess day atfer service of $415 order epon 47, qa
B. Within 34-hevreerreceipterthis- Orde) ICSD shall provide a copy of this Order to \
all administrators, staff and teachers at the Beverly J. Martin School, and to ail other
persons employed by or under the control of ICSD who ICSD believes ay have
thereefter,
ness days
“Geer, ICSD shall file proof with the Court that it has complied with this paragraph,
records related to the Tamimi Event. Within three b
Sulficient cause appearing therefor. let personal service of a copy of this Order, the
Verified Petition in support, and all other papers upon which this Order is granted upon the
1E$d ant ITA,
ng Respondegon or before the 1” $¥ ay of Deceeaber . 2015, be deemed good
Flee prion 40 ant
and sufficient. An affidavit or other proof of service shall be the return Ql
2 Pare fixed above,
Debs Decoy 9, Doig
GAlend, Nes tok,
JSC.
ai Kp as FURTHER onnteen tat answerin Af etl
wt ansecring popes, if ay, she
be filed and served. by Pecenbar 31015) #4 Met my Ply
thereh thal be sgted aad $led by Jansany & 3-016.