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BEFORE THE OHIO ELECTIONS COMMISSION

MARK W. MILLER ) Case No. 2018G-022


)
Complainant )
)
v. )
)
AFTAB PUREVAL, et al. )
)
Respondents. )

REPLY OF DRENKO PUREVAL IN SUPPORT OF MOTION TO QUASH


SUBPOENA

Complainant’s opposition papers serve only to confirm that the subpoena

issued to non-party Drenko Pureval should be quashed. This is so for three reasons.

First, Complainant’s concedes that there is no reasonable basis to believe that

Ms. Pureval has evidence admissible or relevant to these proceedings. Rather, the

subpoena is based on nothing more than Complainant’s bare “suspicion” that Ms.

Pureval made direct payments to GBA Strategies. Mem. In Opp. at 2. In the absence

of any “likelihood that relevant evidence will be obtained,” the subpoena to Ms.

Pureval falls outside the scope of discovery. Drawl v. Cleveland Orthopedic Ctr., 107

Ohio App.3d 272, 277, 668 N.E.2d 924 (11th Dist.). Rank suspicion does not a

likelihood make.

Second, Complaint’s opposition makes no effort to respond to the central

premise of Ms. Pureval’s motion, that the subpoena imposes an undue burden on her.

Hailing someone to produce months-worth of documents and appear from half-way

across the state just to test Complainant’s “suspicion” is facially an undue burden.
Indeed, perhaps recognizing this, Complainant previously explored deposing Ms.

Pureval in far more convenient locations in advance of hearing. See Exhibit 1,

attached hereto. But after initially raising the issue on October 2, Complainant

promptly did nothing to follow up. He cannot now seek to enforce a subpoena to Ms.

Pureval only after failing to pursue far more reasonable, and far less burdensome,

alternatives.

Besides, Complainant’s position defies logic: If, according to him, the pertinent

question is who paid for the poll, then the obvious source of that information is the

polling company. That way, GBA Strategies can definitively confirm or deny

Complainant’s suspicions about who paid and for what. Indeed, we understand that

Respondents have themselves subpoenaed GBA and/or otherwise sought discovery

from that company. As between the professional political consulting company who

can offer a definite answer to the information Complainant seeks, and Ms. Pureval,

whose only connection to this case is that she happens to be the mother of a political

candidate opposed by the Complainant, the better course is clear.

Third, Complainant’s proffered explanation only serves to confirm that the

subpoena is not directed to matters relevant or pending before this Commission.

Complainant has, as we understand it, consistently taken the position in this case

that the poll in question was taken from the First Congressional District in

connection with an actual or contemplated federal campaign, and therefore was not

a legitimate and proper expenditure for a state campaign committee. Were it the case

that Ms. Pureval paid for the poll directly from her own pocket, then the only

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conclusion, following Complainant’s own theory of the case, would be that Ms.

Pureval made an in-kind contribution to a federal campaign committee. But this

Commission, of course, lacks jurisdiction to pass upon the propriety of contributions

made to, or reports made by, federal campaigns. Or, to state the obvious another way,

whether or not Ms. Pureval made an in-kind contribution to a federal campaign has

nothing to do with the accuracy of the state campaign committee’s reporting or the

legitimacy of its expenditures.

Far from demonstrating that the subpoena in question should be enforced,

Complainant’s response only serves to confirm that it seeks information which is

irrelevant, beyond the scope of discovery, and imposes an undue burden. For these

reasons, as well as those stated in the initial motion, the subpoena directed to non-

party Drenko Pureval should be quashed.

Respectfully Submitted,

/s/ Patrick Quinn


Patrick M. Quinn (0081692)
BRUNNER QUINN
35 N. Fourth Street, Suite 200
Columbus, Ohio 43215
Telephone: (614) 241-5550
Facsimile: (614) 241-5551
Email: pmq@brunnerlaw.com
Attorney for Third-Party Drenko
Pureval

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CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and accurate copy of the foregoing

was served this 30th day of October, 2018 by electronic mail upon the following:

Christopher C. Finney
Brian C. Shrive
chris@finneylawfirm.com
brian@finneylawfirm.com
Attorneys for Complainant

Donald J. McTigure
Derek S. Clinger
dmctigue@electionlawgroup.com
dclinger@electionlawgroup.com

Peter J. O’Shea
poshea@katzteller.com

Brian G. Svoboda
David Lazarus
bsvoboda@perkinscoie.com
dlazarus@perkinscoie.com
Attorneys for Respondents

/s/ Patrick Quinn


Patrick M. Quinn (0081692)

4
BEFORE THE OHIO ELECTIONS COMMISSION

MARK W. MILLER ) Case No. 2018G-022


)
Complainant )
)
v. )
)
AFTAB PUREVAL, et al. )
)
Respondents. )

EXHIBIT 1
10/30/2018 Brunner Quinn Law Firm Mail - Fwd: Miller v. Pureval, et al. 2018G-022 deposition dates

Patrick Quinn <pmq@brunnerlaw.com>

Fwd: Miller v. Pureval, et al. 2018G-022 deposition dates


2 messages

Don McTigue <dmctigue@electionlawgroup.com> Tue, Oct 30, 2018 at 7:53 AM


To: Pat Quinn <pmq@brunnerlaw.com>

Pat I am forwarding you a 10/2 email from Shrive that stating that he intended to take Mrs. Pureval's deposition. However,
he never followed up and did so. (In fact he took only 2 out of the 6 people's depositions). You may be able to use this in
your reply to his memo opposing your motion to quash.
___________________________
Donald J. McTigue
Attorney at Law
McTIGUE & COLOMBO LLC
545 E. Town Street
Columbus, Ohio 43215
Tel: 614-263-7000
Cell: 614-832-5984
Fax: 614-263-7078
dmctigue@electionlawgroup.com

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---------- Forwarded message ----------


From: Brian C. Shrive <Brian@finneylawfirm.com>
Date: Tue, Oct 2, 2018 at 11:34 AM
Subject: Miller v. Pureval, et al. 2018G-022 deposition dates
To: "Donald J. McTigue" <dmctigue@electionlawgroup.com>, "Christopher P. Finney" <Chris@finneylawfirm.com>
Cc: Emma Brodzki <emma@finneylawfirm.com>, "Brandy E. Fitch" <Brandy@finneylawfirm.com>

Don,

Following up on Mr. Richter’s direction, we seek to depose the following people in the above referenced
matter:

1. Aftab Pureval, 580 Walnut Street, Apartment 1302, Cincinnati, Ohio 45202;

2. Sarah D. Topy, 400 Pike Street, Cincinnati, Ohio 45202;

3. Evan Nolan, 3650 Hyde Park Avenue, Cincinnati, Ohio 45209;

4. Drenko Pureval, 13 Medalist Way, Xenia, Ohio 45385l;

5. Joseph Levy, 573 South Kellner Road, Columbus, Ohio 43209;

6. Mark Byron, Byron Photography, 2100 Eight Street West, Cincinnati, Ohio 45204

https://mail.google.com/mail/u/0?ik=83cbad0507&view=pt&search=all&permthid=thread-f%3A1615751163851318508&simpl=msg-f%3A16157511638… 1/4
10/30/2018 Brunner Quinn Law Firm Mail - Fwd: Miller v. Pureval, et al. 2018G-022 deposition dates

Additionally, Mr. Pureval, Ms. Topy and Mr. Nolan will be directed to produced copies of all invoices and communications
from or to GBA Strategies or any of its representatives or agents, from December 2017 to present; as well as all emails or
other communications sent from or received by Mr. Pureval, Ms. Topy, or Mr. Nolan, and/or the Aftab for Ohio or Friends
of Aftab Pureval referencing the January 2018 poll conducted by GBA Strategies between January 1, 2018 and present.
With respect to travel expenditures, Mr. Nolan will be directed to bring copies of all invoices, tickets, boarding passes, or
other evidence of the expenditure, for all travel referenced in the Complaint. With respect to media expenditures to Mark
Byron, Mr. Nolan will be directed to produce copies of all invoices and communications to and from Mark Byron/Byron
Photography related to or regarding the services Byron provided to Friends of Aftab Pureval and/or Aftab for Ohio from
January 1, 2018 to present.

With respect to Ms. Pureval, she will be directed to bring copies of all account statements for all bank and brokerage
accounts and copies of all checks she has written from December 1, 2017 through March 1, 2018; specifically but not
limited to, checks paid vendors of Friends of Aftab Pureval and/or Aftab for Ohio; and any receipts for electronic
payments from her bank or brokerage accounts.

To the extent that any of the respondents intend to assert that they were acting on the advice of counsel as a
defense in this action, Mr. Pureval and Mr. Nolan will be directed to provide copies of all communications to
or from such counsel for the purpose of such advice.

With respect to Mr. Pureval, Ms. Topy, and Mr. Nolan, we will conduct their depositions at our Mt. Adams
office in Hamilton County, Ohio, 1077 Celestial, Suite 10 Cincinnati, Ohio 45202. With respect to Ms.
Pureval, we can either find a suitable place for a deposition in Greene County, or pay Ms. Pureval’s mileage
(at the IRS rate) to be deposed in Hamilton County, whichever she prefers. With respect to Mr. Levy, we can
either find a suitable place for Mr. Levy’s deposition in Franklin County, or pay Mr. Levy’s mileage (at the
IRS rate) to be deposed in Hamilton County, whichever he prefers.

Dates: October 15-19; 23 or 26.

Thank you,

Brian C. Shrive, Esq.


FINNEY LAW FIRM, LLC
4270 Ivy Pointe Boulevard, Suite 225
Cincinnati, Ohio 45245
Office: 513.943.6656
Mobile: 513.482.9321
Fax: 513.943.6669
Brian@finneylawfirm.com
www.finneylawfirm.com

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10/30/2018 Brunner Quinn Law Firm Mail - Fwd: Miller v. Pureval, et al. 2018G-022 deposition dates

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Patrick Quinn <pmq@brunnerlaw.com> Tue, Oct 30, 2018 at 10:02 AM


Draft To: Don McTigue <dmctigue@electionlawgroup.com>

Thanks Don, I am going to inc

Thanks,
-Patrick Quinn
Brunner Quinn
35 North Fourth Street, Suite 200
Columbus, Ohio 43215
Telephone: (614) 241-5550
Facsimile: (614) 241-5551
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