LITIGATION HOLD NOTICE (LHN)

(Effective: August 9, 2021)

Dear (1) Board Members, Washington State Board of Education

(2) Office of the Education Ombuds
(3) School District Superintendents
(4) Board of Directors, School District Superintendents:

Parents and their children within your education jurisdiction are putative

class plaintiffs in one or more of the following nationwide class action lawsuits

challenging the constitutionality of the current pandemic and the assistance some

Americans are providing to this alleged international conspiracy.

Some lawsuits are currently pending in the United States District Court for

the Southern District of Florida (Miami Division), and others are expected soon:

(1) Alters et al v. People’s Republic of China et al, Case No. 1:20-cv-21108-AMC.

Plaintiff’s Counsel: BERMAN LAW GROUP
P.O. Box 272789, Boca Raton, FL 33427
Tel: (561) 826-5200; Fax: (561) 826-5201

(2) Trump et al., v. Facebook, Inc., et al., Case No. 1:21-cv-22440-XXXX

Plaintiff’s Counsel: VARGAS GONZALEZ BALDWIN DELOMBARD, LLP
815 Ponce de Leon Blvd., Third Floor, Coral Gables, FL 33134
Tel: (305) 631-2528
E-mail: Matthew@VargasGonzalez.com; E-service:
Service8@VargasGonzalez.com

(3) Trump et al., v. Twitter, Inc., et al., Case No. 1:21-cv-22441-XXXX

Plaintiff’s Counsel: VARGAS GONZALEZ BALDWIN DELOMBARD, LLP

(4) Trump et al., v. YouTube, LLC, et al., Case No. 0:21-cv-61384-XXXX

Plaintiff’s Counsel: VARGAS GONZALEZ BALDWIN DELOMBARD, LLP

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(5) McCray et al., v. Haines et al., Case No. Pending Consolidation

This LHN is a formal request that you preserve and not alter any information

that is relevant to the current pandemic that affects you and your employees, and

the jurisdiction of the school system under your charge and oversight.

When the prospect of litigation is present, parties are required to preserve

documents that may be relevant to the issues to be raised, and their failure to do so

may result in a finding of spoliation of evidence.

The obligation to preserve evidence begins when a party knows or should

have known that the evidence is relevant to future or current litigation. See

Stevenson v. Union Pac. R.R. Co., 354 F.3d 739, 746 (8th Cir. 1993); Zubulake v.

UBS Warbrg LLC, 220 F.R.D. 212, 216-18 (S.D.N.Y 2003); Fujitsu Ltd. v.

Federal Express Corp., 247 F.3d 423, 436 (2d Cir. 2001); Kronish v. United

States, 150 F.3d 112, 126 (2d Cir. 1998).

Sanctions have been awarded for failing to preserve relevant evidence. See,

e.g., Meccatech, Inc. v. Kiser et al., Case No. 8:05CV570, 2008 WL6010937 (D.

Neb. April 2, 2008); Board of Regents of the University of Nebraska v. BASF

Corp., Case No. 4:04CV3356, 2007 WL3342423 (D. Neb., Nov. 5, 2007).

A letter threatening litigation and demanding that certain evidence be

preserved leaves little doubt the preservation duty has been triggered. Doe v.

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Norwalk Community College, 248 F.R.D. 372 (D. Conn. 2007); Arthur Andersen

LLP v. United States, 544 U.S. 696 (2005).

If you disagree with the parameters or scope of this preservation request as

articulated below, please say so. I will accordingly take account of your concerns.

While a response letter is not legally required, one will provide you the

opportunity to establish the parameters of what you consider relevant to the

issues you believe will be involved in the litigation before the Court.

Also, you are not required to “preserve every shred of paper, every e-mail or

electronic document, and every backup tape,” see Zubulake, 220 F.R.D. at 217.

Accordingly, the following is a specific, not all inclusive, list:

(1) All Orders, Directives, Memorandums, Emails, and other relevant

authoritative documents, from whatever source, including direct correspondence

and communications with private individuals and entities that “directed” you in

the administration of the school system within your jurisdiction during this alleged

unconstitutional pandemic and international conspiracy against the rights of

Americans; and

(2) All disciplinary actions taken against any parent and their children

enrolled in a class, or school under your jurisdiction, including the dates, reasons,

and disposition; all statements, notes, audio or video recordings and other materials

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or things obtained from any person resulting in the disciplinary decision; and all

computer, electronic or e-mail messages created in the first 48 hours immediately

after the incident that led to the disciplinary decision.

YOUR POINT OF CONTACT

The undersigned shall serve as your contact, and may be reached, and

addressed as follows:

EMANUEL MCCRAY
400 W McLoughlin Blvd. Apt 5
Vancouver, WA 98660
Tel: (360) 448-3563
Email: emanuel.mccray@hotmail.com

Truly yours,

____________________________
Emanuel McCray