Law Office of Michael Luzzi, LLC > 1172 Townsend Avenue 2 New Haven, Connecticut 06512 Michael J. Luzzi Phone: 203-404-5155 Fax 203-886-1017 ‘August 17, 2022 SENT VIA EMAIL AND U.S, MAIL, Me. Sean Scanlon, Executive Director Tweed New Haven Airport 155 Burr Steet New Haven, CT 06512 Re: Preservation of Evidence/Li igation Hold Dear Mr, Scanlon: ‘We represent the Town of East Haven (“Town”) in maters related tothe proposed expansion of Tweed New Haven Airport. thas been brought to our atention that you and the ‘Authority may have engaged in impermissible acti ties regarding Town rights and the proposed expansion of Tweed New Haven Aisport. These activites include, but are not limited to + You and the Authority’s role in colluding with others, including but not limited to the City of New Haven, New HVN LLC and AvPorts to increase the financial burdens of the proposed airport expansion unfairly onto the Town and its citizens as compared to any burdens imposed on New Haven; + You and the Authority’s role in colluding with others, including but not limited to the City of New Haven, New HVN LLC and AvPorts to increase the environmental ‘impacts and burdens ofthe proposed airport expansion onto the Town and its citizens; + You and the Authority's role in colluding with others, including but not limited tothe City of New Haven, New HVN LLC and AvPorts to cede all devision-making responsibilty and control over tothe airport's private operator tothe detriment ofthe Town;+ You and the Authority’s role in colluding wit others, including but not limited to the City of New Haven, New HVN LLC and AvPorts to not produce the proposed Development and Lease Agreement relate tothe Tweed New Haven Airport expansion until Sunday morning less than 24 hours before a special meeting ofthe Board scheduled for 10 am. ona Monday morning (August 15M) to not allow the ‘Town and the Town appointed Airport directors time to adequately review the necessary materials; ‘You and the Authority's role incolluding with others, including but not limited tothe City of New Haven, New HVN LLC and AvPorts to schedule Tweed New Haven, Airport Authority Board meetings the week of August 14 (August 15 and 17) as part of a subterfuge to permit no time for input from the Town and to eviseerate the rights of the Town and its citizens; = You and the Authority's role in colluding with others, including but not Himited to the City of New Haven, New HVN LLC and AvPors, to provide the Town Haven with misleading, and in some instances false information in an effort advance the City lf Now Haven's interests without regard t the interests ofthe Town and the surrounding area, Please accept this letter as the Town’s demand that you and others who report to you preserve all documents, tangible things and electronically stored information (*ESP’) (collectively “evidence”) within your possession, custody and control, that in all probability are relevant tothe issues outlined herein andor in any way related to the proposed expansion of ‘Tweed New Haven Airport or that may lead to the discovery of such information, By way of example, and not as an exhaustive or limited list, you are to maintain @ “tigation hold” on all relevant evidence including, but not limited to, the following ‘+ All email, text messages, Slack (or other such internal messaging programs messages and other communication between and among you, Tweed New Haven Airport Authority board members, former board members and employees, and others, 0 include Jaime Daly, John Picard, Vincent Mauro, Justin Elicker and AvPorts ‘personnel, including Jorge Robert.‘All documents relating to the Tweed New Haven Airport Authority, its board of ctors and its employees and directors, potential or actual contractor/vendors, including all emails and texts that refer to ito them, ‘All documents to include email text messages, Slack (or other such internal messaging programs messages and other communication concerning any component of a proposed expansion of Tweed New Haven Airport ‘You should take the broadest possible view of the potential scope ofthe litigation and the Aefintion of evidence that fall within this demand, The terms “documents,” “records” and "ESI" ste broadly defined and include, but are not limited to: all correspondence, notes, drafts, ‘memorands, work papers and other writings; e-mail, text messages, voicemail and other clectronic communications (eg. logged IM); databases; digitized images; database spreadsheets (eg. Excel®, etc); materials on hard drives, shared drives, backup tapes, compact discs, thumb Arives or on any other type or form of electronic media; PowerPoint slides and presentations: information maintained or stored on computerized calendars and personal information managers (PIN), cll phones, cloud storage, personal laptops or home computers; intemet usage, tlephone and network access logs; web sites and web pages; and all similar data and information that is stored on, maintained on, utilized on, or transmitted via a computer or computer network, including the Internet. ESI includes metadata, which is information about a particular record or ata set which describes how, when and by whom it was collected, created, accessed, or ‘modified as well as how itis formatted. All hardware and storage media containing such clectronically stored information must be preserved, regardless of whether duplicates ofthe information exist on other hardware, systems or platforms. All niil, interim, draft and final versions of any of the foregoing materials are within the definitions of “documents,” “records” and "ESL" ‘Be further advised that a mere file backup of a harddrive or similar storage device is ‘inadequate ESI preservation. You must image the hard drive or other storage device in bit- stream copies where all ares, used and unused, ofthe storage device ae copied. Any relevant files that have been deleted that are reasonably recoverable should be immediately undeleted [ESI should be preserved in its native form and it should not be preserved by such means that would remove or degrade the ability to search the BSI by electronic means or make it dificult oF‘burdensome to access or use the information efficiently inthe litigation, You should also anticipate the need to disclose and produce system and application metadata and act to preserve it ‘You and the Authority are also dected to act diligently and in good faith to secure and ult compliance with such litigation hold, You and the Authority are further ditected to ‘immediately identify and modify or suspend features of their information systems and devices ‘that, in routine operation, eause the loss of potentially relevant ESL. Further, you and the Author ate directed to immediately suspend any regular document retention policy tothe ‘extent that terms of such poliey would cause the destruction of potentially relevant evidence. ‘This notice also applies with respect to all documents created from this point forward ‘This notice supersedes and overrides any document retention polici may otherwise be in effect. ‘The failure to comply with the procedures set forth in this memorandum may subject you to civil liability and other sanctions, including substantial fines. ‘or practices that Please send us an email to confirm your receipt and understanding ofthis letter. Finally, the Town of East Haven expressly reserves its rights ‘Very truly yours AMNichae 2 due Michael J. Luzzi, Esquire