Case: 25CI1:22-cv-00286-EFP Document #: 329 Filed: 03/21/2023 Page 1 of 14

IN THE CIRCUIT COURT OF

OF HINDS COUNTY, MISSISSIPPI
FIRST JUDICIAL DISTRICT

MISSISSIPPI DEPARTMENT OF HUMAN RESOURCES PLAINTIFF

vs. CIVIL ACTION NO. 22-CV-286-EFP

MISSISSIPPI COMMUNITY EDUCATION DEFENDANTS

CENTER, INC., ET AL.

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR

OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL
ACTION

To: THE UNIVERSITY OF SOUTHERN MISSISSIPPI

Office of the General Counsel
International Center (IC) 505
118 College Drive # 5079
Hattiesburg, MS 39406

(Name ofperson to whom this subpoena is directed)

r/IProduction: YOU ARE COMMANDED to produce at the time, date, and place set forth below the
following documents, electronically stored information, or things within your possession, custody, or
control and to permit inspection and copying of the materials:

See "Schedule A" attached hereto for all items sought.

Place: Date and Time:

MICHAEL J. SHEMPER, PLLC
140 Mayfair Road, Suite 1200 March 31,2023 at 5:00p.m.
Hattiesburg, MS 39402
michael@shemperlaw.com

0 Inspection of Premises: YOU ARE COMMANDED to permit entry onto the premises designated
below at the time, date, and location set forth below, so that the requesting party may inspect the
premises:

I Place I Date and Time:

YOU SHALL NOT PRODUCE DOCUMENTS OR THINGS OR PERMIT INSPECTION UNTIL TEN
DAYS AFTER YOU WERE SERVED WITH TillS SUBPOENA:
 Case: 25CI1:22-cv-00286-EFP Document #: 329 Filed: 03/21/2023 Page 2 of 14

The following provisions ofM.R.C.P. 45 are attached- Rule 45(d) orotect:ion as a person
subject to a subpoena; and Rule 45(e) relating to your duty to respond tot~~~=~~

The name, address, e-mail address, and telephone number of the attorney representing (name ofparty)

Michael J. Shemper, Esq. (MSB# l 00531)

140 Mayfair Road, Suite 1200
Hattiesburg, MS 39402
T: 601.545.7787 F: 601.545.1711
Email: michael@shemperlaw.com
Counsel for Defendant Brett Lorenzo Favre

Notice to the person who issues or requests this subpoena:

This subpoena must first be served upon each party pursuant to M.R.C.P. 5 before it is served on the person to whom it is
directed. M.R.C.P. 45 (a) (5)
 Case: 25CI1:22-cv-00286-EFP Document #: 329 Filed: 03/21/2023 Page 3 of 14

PROOF OF SERVICE
(This section should not be filed with the court unless required by Miss. R. Civ. P. 45.)

I received this subpoena for (name of individual and title, if any)

------------------------------------
on(oot~-----------------------------------------------------------------------------

0 I served the subpoena by delivering a copy to the named person as

---------------------
follows:
---------------------------------------------------------

~-----------------------------------------------------on
(date) ______________________________:

0 I returned the subpoena unexecuted

because:· - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

I declare under penalty of perjury under the laws of the State of Mississippi that the foregoing information
contain in the Proof of Service is true and correct.

Date:
Server's signature

Printed name and title

Server's address

Additional information regarding attempted service, etc.:

 Case: 25CI1:22-cv-00286-EFP Document #: 329 Filed: 03/21/2023 Page 4 of 14

NOTICE TO PERSONS SUBJECTED TO SUBPOENAS

Mississippi Rules of Civil Procedure 45(d) and (e)

(d) Protection of Persons Subject to Subpoenas.

(1) In General.
(A) On timely motion, the court from which a subpoena was issued shall quash or modifY the subpoena if it (i) fails to allow reasonable time for compliance;
(ii) requires disclosure of privileged or other protected matter and no exception or waiver applies, (iii) designates an improper place for examination, or (iv)
subjects a person to undue burden or expense.

(B) If a subpoena (i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or (ii) requires disclosure of
an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the expert's study made not at the
request of any party, the court may order appearance or production orily upon specified conditions.

(2) Subpoenas for Production or Inspection.

(A) A person commanded to produce and permit inspection and copying of designated books, papers, documents, electronically stored information, or tangible
things, or to permit inspection of premises need not appear in person at the place of production or inspection unless commanded by the subpoena to appear for
deposition, hearing or trial. Unless for good cause shown the court shortens the time, a subpoena for production or inspection shall allow not less than ten days
for the person upon whom it is served to comply with the subpoena. Absent order of the court, production or inspection shall not be made until the tenth day
after the date of service of the subpoena on the recipient and this shall be conspicuously noted on the face of the subpoena. A subpoena commanding production
or inspection will be subject to the provisions of Rule 26(d).

(B) The person to whom the subpoena is directed may, within ten days after the service thereof or on or before the time specified in the subpoena for
compliance, if such time is less than ten days after service, serve upon the party serving the subpoena written objection to inspection or copying of any or all of
the designated materials, or to inspection of the premises. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the
material except pursuant to an order of the court from which the subpoena was issued. The party serving the subpoena may, if objection has been made, move at
any time upon notice to the person served for an order to compel the production or inspection.

(C) The court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may (i) quash or modifY
the subpoena if it is unreasonable or oppressive, or (ii) condition the denial of the motion upon the advance by the person in whose behalf the subpoena is issued
of the reasonable cost of producing the books, papers, documents, or tangible things.

(e) Duties in Responding to Subpoena.

(1) Producing Documents or Electronically Stored Information.
(A) Documents.
A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to
correspond with the categories in the demand.

(B) Form for Producing Electronically Stored Information Not Specified.

If a subpoena does not specifY a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is
ordinarily maintained or in a reasonably usable form or forms.

(C) Electronically Stored Information Produced in Orily One Form.

The person responding need not produce the same electronically stored information in more than one form.

(D) Inaccessible Electronically Stored Information.

The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible
because of undue burden or cost. On motion to compel discovery, motion for a protective order, or motion to quash, the person responding must show that the
information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources
if the requesting party shows good cause, considering the limitations of Rule 26(b )(5). The court may specifY conditions for the discovery, including those listed
in Rule 26(b)(5).

(2) Claiming Privilege or Protection

(A) Information Withheld.
When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation materials, the claim shall be made
expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the
demanding party to contest the claim.

(B) Information Produced.

If information produced in response to a subpoena is subject to a claim of privilege or of protection as trial-preparation material, the person making the claim
may notifY any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the
specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the
information if the party disclosed it before being notified; and may promptly present the information to the court under seal for a determination of the claim.
The person who produced the information must preserve the information until the claim is resolved.
 Case: 25CI1:22-cv-00286-EFP Document #: 329 Filed: 03/21/2023 Page 5 of 14

CERTIFICATE OF SERVICE
I, Michael J. Shemper, Esq., attorney for Brett Lorenzo Favre, in the above styled and numbered cause,

do hereby certify that I have filed the following pleading with the Court's MEC filing system, which sent notice

to counsel of record in the above-captioned action.

This the 21st day of March, 2023.

/s/ Michael J Shemper

MICHAEL J. SHEMPER, MSB 100531
Certifying Attorney
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SCHEDULE A

DEFINITIONS

1. "Action" means the above-captioned action, Miss. Dep 't of Human Servs. v. Miss.

Cmty. Educ. Ctr., Inc., et al, No. 22-CV-286-EFP (Miss. Cir. Ct. Hinds County).

2. The terms "all," "any," and "each" shall each be construed as encompassing any

and all; "every" means each and every. The connectives "and" and "or" shall be construed either

disjunctively or conjunctively as necessary to bring within the scope of the subpoena request all

responses that might otherwise be construed to be outside of its scope. The use of the singular

form of any word includes the plural and vice versa.

3. "Bryant" shall refer to Dewey Phillip Bryant, the 64th governor of the State of

Mississippi, as well as the Mississippi Governor's office during the period Governor Bryant was

in office. 1

4. "Communication(s)" means without limitation, oral or written communications of

any kind, such as electronic communications, emails, facsimiles, telephone communications,

correspondence, exchange of written or recorded information, or face-to-face meetings

transmitting information (in the form of facts, ideas, inquiries, or otherwise). The phrase

"communication between" is defined to include instances where one party addresses the other

party but the other party does not necessarily respond.

5. The terms "concerning," "refer," "relate," "referring" and "relating" mean to

expressly comprise, expressly reflect, expressly record, expressly memorialize, expressly discuss,

expressly contradict, expressly evaluate, expressly consider, expressly review or

1 January 10, 2012 through January 14, 2020.

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expressly report on the subject matter of the request or to have been created, generated or

maintained in connection with or as a result of the subject matter of the request.

6. "Document(s)" is used in its broadest sense and is meant to include all

memorialization of information, including, without limitation, words, numbers other symbols

which now appear on any paper, or which appear in digital form within electronically stored

information and electronic or computerized compilations, cell phone devices, and voice or data

recordings, no matter how any such documents are stored. As used herein, this term shall include

all forms of electronic communication, including, but not limited to, email (from any email

accounts, including any work or personal email accounts), instant messages, and text messages. A

draft or non-identical copy is a separate document within the meaning of this term. "Document"

shall be construed as a document and all attachments thereto.

7. The term "Foundation" refers to the University of Southern Mississippi Athletic

Foundation, Inc., its predecessors, successors, departments, divisions, offices, affiliates and/or

members, including any organization or entity that the Foundation manages or controls, together

with all present and former directors, officers, board members, employees, agents, representatives,

attorneys, or any person acting or purporting to act on behalf of the Foundation.

8. The term "including" is used to provide examples of certain types of information

and should not be construed as limiting a request in any way. The term "including" shall be

construed as if followed by the phrase "but not limited to."

9. The term "MCEC" refers collectively to Mississippi Community Education Center

and Family Resource Center of North Mississippi, its predecessors, successors, departments,

divisions, offices, affiliates and/or members, including any organization or entity that MCEC

manages or controls, together with all present and former directors, officers, board members,

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employees, agents, representatives, attorneys, or any person acting or purporting to act on behalf

ofMCEC.

10. The term "MDHS" refers to Mississippi Department of Human Services, its

predecessors, successors, departments, divisions, offices, affiliates and/or members, including any

organization or entity that MDHS manages or controls, together with all present and former

directors, officers, board members, employees, agents, representatives, attorneys, or any person

acting or purporting to act on behalf of MDHS.

11. "Person(s)" means any natural person or any business, legal or governmental

entity or association.

12. The words "You," "Your," or "Yours" refer to The University of Mississippi

("USM"), its predecessors, successors, departments, divisions, offices, affiliates and/or members,

including any organization or entity that USM manages or controls, together with all present and

former directors, officers, board members, employees, agents, representatives, attorneys, or any

person acting or purporting to act on behalf of USM.

INSTRUCTIONS

1. All documents and Electronically Stored Information ("ESI") subject to this

subpoena duces tecum should be immediately preserved.

2. You are requested to produce all documents and ESI in your possession, custody,

care or control that are described below. In doing so, please furnish documents and ESI that are

in the possession of your partners, officers, directors, employees, attorneys, accountants,

representatives, or agents, or that are otherwise subject to your custody, care or control.

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3. Unless otherwise indicated, the documents and ESI to be produced include all

documents prepared, sent, dated, or received, or those that otherwise came into existence any time

during the Relevant Time Period (as defined below).

4. In producing documents and ESI, you are requested to produce a copy of each

original document or ESI together with a copy of all non-identical copies and drafts of that

document or ESI. If the original of any document or ESI cannot be located, a copy shall be

provided in lieu thereof, and shall be legible and produced in the same manner as the original.

5. Any alteration of a responsive document, including any marginal notes,

handwritten notes, underlining, date stamps, received stamps, endorsed or filed stamps, drafts,

revisions, modifications, and other versions of a final document is a separate and distinct document

and it must be produced.

6. Documents and ESI not otherwise responsive to this subpoena request shall be

produced if such documents or ESI mention, discuss, refer to, or explain the documents or ESI that

are called for by these requests, or if such documents or ESI are attached to documents or ESI

called for by these requests and constitute routine slips, transmittal memoranda, or letters,

comments, evaluations, or similar materials.

7. Whenever necessary to bring within the scope of this subpoena responses that might

be otherwise construed to be outside the scope, construe:

a. "include," "includes," and "including" to mean "without limitation;"

b. the use of the present tense as including the past tense and vice versa; and

c. the use of the feminine or masculine genders as including all genders.

8. Each document produced must be produced in its entirety (including all

attachments, appendices, enclosures and exhibits, and any copies that are not identical to the

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original -- whether because of notes made on, or attached to, such copy or otherwise) and without

deletion or excisions, regardless of whether you consider the entire document or only parts thereof

to be relevant or responsive to these requests. If you contend that any document or thing cannot

be produced in full, produce it to the extent possible, indicating which document or portion of that

document is being withheld and the reason it is being withheld. For any document withheld or

redacted, in whole or in part, based on a claim of privilege or work product protection, you shall

comply with Miss. R. Civ. P. 45(e)(2). Any privilege log shall be produced in a format and

according to a schedule mutually agreed upon by the parties or ordered by the Court. Any

purportedly privileged document containing non-privileged material must be produced, redacting

only the portion purportedly privileged. If you file a timely objection to any portion of a request,

definition, or instruction, documents responsive to the remaining portion are to be produced.

9. Each document should be produced in the manner, form and position in which it is

kept in the ordinary course of business, as required by the Mississippi Rules of Civil Procedure,

including, where applicable, any index tabs, file dividers, designations, or other information as to

the location of the documents.

10. No part of a document request may be left unanswered, or documents not produced,

merely because an objection is interposed as to any other part of a document request. If you assert

an objection to any request, you must nonetheless respond and produce any responsive documents

and ESI that are not subject to the stated objection. If you object to part of a request or category,

you must specify the portion of the request to which you object, and must produce documents and

ESI responsive to the remaining parts of the request. All objections to the production of documents

requested herein must be made in writing and delivered to counsel of record for Brett Lorenzo

Favre. If objection is made to any document request, the response shall state whether documents

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are being withheld from inspection and production on the basis of such objection, or whether

inspection and production of the responsive documents will occur notwithstanding such objection.

To the extent you object to any request, you must provide specific responses (not general

objections or pat responses) as to what portion of the request you object to and state expressly why

you will not respond to such request.

11. Notwithstanding a claim that a document is protected from disclosure, any

document or ESI so withheld must be produced with the portion claimed to be protected and

redacted.

12. If any document or ESI is known to have existed but no longer exists, has been

destroyed, or is otherwise unavailable, you must identify the document or ESI, the reason for its

loss, destruction, or unavailability, the name of each person known or reasonably believed by you

to have present possession, custody, or control ofthe original and any copy thereof (if applicable),

and a description of the disposition of each copy of the document or ESI.

13. Each document request should be construed independently and is not to be

referenced to any other document request herein for purposes of limitation, unless one document

request specifically refers to another document request.

14. If, in responding to a document request, you claim any ambiguity in interpreting

either the document requests, or an applicable definition or instruction, such claim shall not be

used as a basis for refusing to respond, but you should set forth as part of your response the

language deemed to be ambiguous and the interpretation chosen or used in responding to the

document requests.

15. If no document or ESI responsive to a request exists, please state that no responsive

document or ESI exists.

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16. Each production shall be submitted with a transmittal letter that includes the

production volume name, encryption method/software used for that production, and the password

needed to access that production.

17. The "Relevant Time Period" applicable to these Document Requests shall be:

January 1, 2016 through the present. Each document request shall be interpreted to include all

documents that relate to the Relevant Time Period, even if such documents were prepared or

published outside of the Relevant Time Period. If a document prepared before or after this period

is necessary for a correct or complete understanding of any document covered by a document

request, you must produce the earlier or later document as well. If a document is undated and the

date of its preparation cannot be determined, the document shall be produced if otherwise

responsive to the document request.

DOCUMENT REQUESTS

DOCUMENT REQUEST NO. 1

All Documents relating to MDHS including, without limitations, all Communications to,

from or including You and MDHS during the Relevant Time Period.

DOCUMENT REQUEST NO.2

All Documents relating to MCEC including, without limitations, all Communications to,

from or including You and MCEC during the Relevant Time Period.

DOCUMENT REQUEST NO.3

All Communications to, from or including You and Bryant relating to MCEC or MDHS,

as well as all Documents relating to any such Communications.

DOCUMENT REQUEST NO.4

All Communications to, from or including You and the Foundation relating to MCEC or

MDHS, as well as all Documents relating to any such Communications.

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You are respectfully requested to produce these documents via an electronic format to
MICHAEL J. SHEMPER, PLLC at the following email address: michael@shemperlaw.com.

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CERTIFICATE OF AUTHENTICITY-PUBLIC RECORDS AND REPORTS

I, , have first hand knowledge about the making,

maintenance, and storage of the attached retards. The attached records were made at or neat the
time of the occurrence of the matter set forth by, or from infonnation transmitted by, a person
with knowledge of these matters. The ·attached records were kept in the course of regularly
conducted activity of this govetnmental agency. The attached records are made as ·a regularly
conducted activity which is aregular practice at this governinental agency. The matters set forth
in the attached records are Qbse,rved pursuant to the duties of this governmental agency and
imposed by law, and this goveroinental ag~ bas a duty to report these matters. Furth~. the
factual findings set forth in the attached records are the result of investigations made pursuant to
the authority of this gov~ agency as granted by law, There are _ _ pages of records
attached hereto and certified as authentic.

SO CERTIFIED, this t h e _ day of _ _ _ ____, 20_ _.

PRINT NAME

SIGNATURE

TITLE

GOVERNMENTAL AGENCY

STATE OF _ _ _ _ __

COUNTY~AmSHOF __________

PERSONALLY appeared before me, the undersigned authority in and for the jurisdiction
aforesaid, the within named who by me being first duly sworn,
states on her oath that the facts and matters set forth and contairied in the above and foregoing
instrument are true and correct as therein stated.

SWORN TO AND SUBSCRIBED before me on this _ _ day o f - - - - - -

20_ _.

NOTARY PUBLIC
My Commission Expires: