STATE OF COLORADO

OFFICE OF ADMINISTRATIVE COURTS

1525 Sherman Street, 4th Floor
Denver, Colorado 80203

CAMPAIGN INTEGRITY WATCHDOG,

Complainant,

vs.

DENVER COUNTY REPUBLICAN CENTRAL

COMMITTEE,
Respondent. COURT USE ONLY

Attorney for Repondent:

Mario Nicolais, Reg. No. 38589
KBN Law, LLC Case Number: 2017-0006
7830 W. Alameda Ave.
Suite 103-301
Lakewood, CO 80226

Phone Number: 720-773-1526

E-mail: MarioNicolaisEsq@gmail.com

MOTION TO QUASH
OR IN THE ALTERNATIVE MODIFY
SUBPOENAS OF CAMPAIGN INTEGRITY WATCHDOG

Defendant Denver County Republican Central Committee (DCRCC), by and through

undersigned counsel, respectfully submits this Motion to Quash or in the Alternative Modify
Subpoenas of Campaign Integrity Watchdog (Motion). In support, DCRCC states as follows:
I. Introduction

Prior to the hearing previously set for June 20, 2017, Campaign Integrity Watchdog

(CIW) issued subpoenas to DCRCC Chair Jacob Jake Viano (Viano) (the Viano

Subpoena, attached and incorporated as Exhibit A) and Vice-Chair Kris Cook (Cook)

(individually the Cook Subpoena, attached and incorporated as Exhibit B; collectively with

Page 1 of 7
the Viano Subpoena, the CIW Subpoenas). DCRCC respectfully requests the ALJ quash, or, in

the alternative, modify the subpoenas.

II. Argument

A. The CIW Subpoenas do not comply with C.R.C.P. Rule 45.

C.R.C.P. Rule 45(a)(2) requires subpoenas to be issued by either the clerk of the court in

which he case is docketed or by an attorney who has entered an appearance in the case as an

officer of the court. Neither of the CIW Subpoenas have been signed by either the clerk of the

court or an attorney. In fact, both signature lines on page two of both CIW Subpoenas are

entirely blank.

C.R.C.P. Rule 45(b)(2) requires delivery of subpoenas to the named person, service as

ordered by the court, or an acknowledgement or waiver of service. At this time, CIW has not

provided proof of service for either of the CIW Subpoenas, as it is required to obtain under

C.R.C.P. Rule 45(4). Regardless, neither Viano nor Cook received personal service or

acknowledged or waived service and both would testify to such in court.

CIWs failure to comply with C.R.C.P. Rule 45 voids the CIW Subpoenas in their

entirety. While this Court may rule the CIW Subpoenas void and without force, it may also

choose to quash the CIW Subpoenas to create a clear record that neither Viano nor Cook must

comply.

B. CIW is not entitled to review of financial records under Colo. Const. art
XXVIII 3(9).

Both in the body of the CIW Subpoenas and during the telephonic hearing held July 5,

2017 with the Court, CIW claimed a constitutional right to inspection of DCRCCs financial

records, presumably as a basis for issuing the CIW Subpoenas. However, the provision relied

upon by CIW makes it express that the requirement to retain and produce financial documents

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expires one-hundred eighty days following any general election in which the committee or party

received contributions unless a complaint is filed. The last general election was held on

November 8, 2016; consequently, the 180-day limitation expired on May 7, 2017. As of May 7,

2017, no complaint had been filed against DCRCC (CIW filed its Complaint on June 9, 2017),

and consequently DCRCC had no obligation to retain the financial records beyond that date or to

provide the documents before this Court under the constitutional provision cited by CIW.

C. The CIW Subpoenas subject DCRCC to undue burden and expense and
require disclosure of confidential commercial information.

C.R.C.P. Rule 45(c)(1) requires a party issuing a subpoena take reasonable steps to avoid

imposing undue burden or expense on a person subject to a subpoena. Furthermore, the Court is

required to quash or modify a subpoena under C.R.C.P. Rule 45(c)(3)(A)(iii) when the subpoena

subjects a person to undue burden. Additionally, under C.R.C.P. Rule 45(c)(3)(B)(i), the Court is

permitted to quash or modify a subpoena if a subpoena requires disclosure of confidential

commercial information.

In this case it is clear that the CIW Subpoenas impose an undue burden and expense on

DCRCC. First, the subpoenas span two full years and request all bank statements for any/all

accounts to which contributions of from which payments were made, images of checks written

from each account for the requested period, images of checks, deposit slips, or other record of

funds received for the requested period. Such a broad request encompasses a substantial amount

of documentation be acquired by DCRCC. As a result, the process will require DCRCC officials

spend substantial time requesting and compiling the documentation, and, in many cases, paying

its bank for copies of older records no longer freely accessible. Given this, the payment required

by DCRCC to the bank will be considerable. The burden and expense on DCRCC to comply will

consequently be substantial.

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 It is equally clear that this burden and expense is undue. By requesting All financial

records of the Denver County Republican Central Committee for a full period of two years,

CIW requests documents well beyond the scope of CIWs Complaint. Specifically, it seems that

CIW seeks documentation related to the allegations 11(a)-11(bb) and 12(a)-12(v) of the

Complaint. However, the CIW Subpoenas request statements and checks not included in these

allegations. For example, the scope of the CIW Subpoenas include all financial documents from

March 2015; however, no allegation in the Complaint references a contribution or disbursement

from March 2015. Furthermore, even in a month containing documentation related to a CIW

allegation, there are likely to be far more documents unrelated to the Complaint. For example,

only one allegation in the Complaint falls within the month of February 2015 (see Complaint

12(f)); but the financial records from February 2015 are likely to include many more

transactions. These transactions are not relevant to CIWs Complaint, but the CIW Subpoenas

still subject DCRCC to acquire the documents for production. CIW also requests Invoices for

payment from any vendors presented to Colorado Right Now (CRN) and record [sic] of

payments made for each invoice, during the period 3 June 2016 through 31 December 2016;

however, this request doesnt seem to bear any discernable relation to any allegation in the

Complaint.

In fact, the majority of responsive documents likely fall outside the scope of CIWs

allegations. Such documents are not only irrelevant to the Complaint, but seem intended to

impose burdens and expenses upon DCRCC or for CIW to engage in a discovery fishing

expedition. Such a fishing expedition beyond the scope of the allegations would be a clear abuse

of the discovery process.

Page 4 of 7
 Even in relation to the transactions that form the basis of CIWs Complaint, the CIW

Subpoenas are unreasonable and unduly burdensome. The information it seeks regarding

allegations 11(a)-11(bb) and 12(a)-12(v) has already been provided by DCRCC in the publicly

available contribution and expenditure report it filed, which CIW attached to its Complaint (see

Complaint, Exhibit 2). Requiring DCRCC to obtain the financial records is redundant in relation

to the information in the report.

Finally, the financial records of DCRCC comprise confidential commercial information

an ALJ may protect from discovery. DCRCC is especially concerned about the confidential

nature of these documents because CIW has recently disclosed financial documents of other

litigants, even in direct disregard of another ALJs order. 1 Given CIWs history, failure to quash

the CIW Subpoenas jeopardizes the confidential nature of DCRCCs financial records.

Due to the undue burden and expense imposed on DCRCC, this Court should quash the

CIW Subpoenas.

D. In the alternative, DCRCC requests this Court modify the subpoenas.

If the Court decides not to quash the subpoenas, DCRCC requests appropriate

modification under C.R.C.P. Rule 459(c)(3). Specifically, DCRCC requests that the subpoenas

be modified to require only information directly relevant to the factual allegations made in

Complaint 11(a)-11(bb) and 12(a)-12(v). DCRCC proposes that only bank statements or

check images related to only these transactions be provided. DCRCC would redact any

information not relevant to those allegations.

III. Request for Attorneys Fees

1
OS 2016-0014, OS 2016-0030, Campaign Integrity Watchdog v. Colorado Pioneer Action and Colorado Right
Now, Decision issued April 25, 2017, p. 18-19.

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 C.R.C.P. Rule 45(c)(1) mandates that the issuing Administrative Law Judge (ALJ)

must enforce this duty [to avoid undue burden or expense] and impose an appropriate sanction,

which may include reasonable attorneys fees, on a party who fails to comply. While the

ALJ did not sign, and consequently did not issue the CIW Subpoenas, as discussed above,

DCRCC has nonetheless been subject to undue burden and expense in responding to CIWs

unfounded request. Consequently, DCRCC request the ALJ sanction CIW by ordering CIW to

pay reasonable attorney fees to DCRCC. If the ALJ grants this sanction request, DCRCC will

submit a bill of costs to the Court.

WHEREFORE, Respondent Denver County Republican Central Committee requests

that the Court enter judgment in favor of Respondent, against Complainant Campaign Integrity
Watchdog, and enter an ORDER:

A. Finding the CIW Subpoenas void; or

B. Granting DCRCCs request to quash the CIW Subpoenas; or
C. In the alternative, granting DCRCCs request to modify the CIW Subpoenas to
only require DCRCC provide financial information containing only information
directly relevant to the factual allegations made in Complaint 11(a)-11(bb) and
12(a)-12(v), and DCRCC be permitted to redact all additional information; and
D. Granting Respondents request for attorney fees;
KBN LAW, LLC

s/ Mario Nicolais
Mario Nicolais
Attorney for Respondent Denver County Republican Central
Committee

Page 6 of 7
 CERTIFICATE OF SERVICE

I hereby certify that on this 10th day of July, 2017, I duly filed the above Motion to
Quash or in the Alternative Modify Subpoenas of Campaign Integrity Watchdog via email,
addressed to:

Campaign Integrity Watchdog

P.O. Box 372464
Denver, CO 80237
Phone: 303-995-5533
Email: campaignintegritywatchdog@gmail.com

KBN Law, LLC

s/Mario Nicolais
Mario Nicolais

Page 7 of 7
 Exhibit A

STATE OF COLORADO
OFFICE OF ADMINISTRATIVE COURTS
1525 Sherman Street, 4th Floor Denver, Colorado 80203

Campaign Integrity Watchdog (CIW) ,

(Complainant) ,
vs.
Denver County Republican Central Committee (DCRCC) ,

(Respondents) .
COURT USE
ONLY
Attorney or Party Without Attorney Name and Address):
First Last
Name Matthew Name: Arnold MI: Suffix CASE NUMBER:
Company Campaign Integrity Watchdog LLC
Address P.O. Box 372464 OS 2017-0006
City Denver State CO Zip 80237
Phone #: 303-995-5533 Email: campaignintegritywatchdog@gmail.com
Fax #: Attny Reg:

SUBPOENA TO APPEAR AND PRODUCE

To: _Jacob Jake Viano, DCRCC Chair, 2200 S. University Blvd Apt 309 Denver CO 80210__

You are ordered to:

Attend, Produce, and give testimony at a deposition, hearing at the Office of Administrative
Courts at _1525 Sherman Street 4th Floor, Denver CO 80202_(address) on _20 June 2017_ (date) at
__0900(AM)__(time), as a witness for _CIW v. DCRCC__(name of party) in this action; and PRODUCE
the following books, papers and documents, whether in physical or electronic form, or tangible things
now in your possession, custody or control:

1. All financial records of the Denver County Republican Central Committee (DCRCC) organization,
including any records of contributions to the organization and/or payments made by DCRCC or by
any party on behalf of the organization for any purpose, during the period 1 January 2015 through
31 December 2016, inclusive; including, but not limited to:
Monthly bank statements for any/all accounts to which contributions or from which payments
were made
Images of checks written from each account for the requested period
Images of checks, deposit slips, or other record of funds received for the requested period
Invoices for payment from any vendors presented to Colorado Right Now (CRN), and record
of payments made for each invoice, during the period 3 June 2016 through 31 December 2016

Pursuant to Colo. Const. Art. XXVIII 3(9),

All records pertaining to such accounts shall be maintained by the committee or political party for one-
hundred eighty days following any general election in which the committee or party received
contributions unless a complaint is filed, in which case they shall be maintained until final disposition of
the complaint and any consequent litigation. Such records shall be subject to inspection at any
hearing held pursuant to this Article

1
CONTINUED ON THE FOLLOWING PAGES
 Exhibit A

Notice form:
If this subpoena is served for production of records or a tangible thing, see the attached important notice
which sets out portions of Colorado Rule of Civil Procedure 45 concerning protections for subpoenaed
persons and the requirements for production of records and tangible things.

Identity of parties:
The following are the names of the parties in this action and the names, addresses, phone numbers and e-
mail addresses of the attorneys for the parties and of any parties who have entered appearances without
an attorney:

Name: Address Phone number: Email Address

Campaign Integrity P.O. Box 372464 303-995-5533 campaignintegritywatchdog@gmail.com
Watchdog (CIW) Denver, CO 80237
Denver County 1660 S. Albion Str 720-364-5532 chairman@denvergop.org
Republican Suite 708,
Central Committee Denver CO 80222
(DCRCC)

The party and the partys attorney who are serving this subpoena:
Campaign Integrity Watchdog, Matt Arnold pro se for Campaign Integrity Watchdog

Dated: ___________________ _____________________________________

Attorney/Administrative Law Judge

2
CONTINUED ON THE FOLLOWING PAGES
 Exhibit A

_____________________________________________________________________________________________

AFFIDAVIT OF SERVICE
I declare under oath that, I am 18 years or older and not a party to the action and that I served the attached Subpoena
on ____________________________________________________________________________ (Person named in
this Subpoena or name of agent served) in ____________________________________ (County)
______________________ (State) on ___________________________ (date) at the following location:
____________________________________________________________________________________________
Check one:

By handing it to a person identified to me as ___________________________________________________

___________________________________ or by leaving it with the named person who refused service.
I attempted to serve the person named in this subpoena on _______ occasions but have not been able to locate
the named person.

Check one:
Private process server
Sheriff, _________________________County
Fee $ ________________Mileage $ ____________ __________________________________
Signature of Process Server

___________________________________
Name (Print or type)

My Commission Expires: ______________________ ___________________________________

Notary Public /Deputy Clerk Date

WAIVER OF SERVICE
____________________________________________________________________________

I hereby waive Personal Service and accept service of this subpoena by mail/fax.___________________________
____________________________________________________________________________________________

_________________________________________ Date______________________________
Signature

Phone Day:_________________________

Phone Evening:______________________

3
 Exhibit A

NOTICE TO SUBPOENA RECIPIENTS

(when production of records or tangible things is sought )
Protecting a Person Subject to a Subpoena. (required by Colorado Rule of Civil Procedure 45(c))

(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for issuing
and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense
on a person subject to the subpoena. The issuing Administrative Law Judge (ALJ) must enforce
this duty and impose an appropriate sanction, which may include lost earnings and reasonable
attorneys fees, on a party or attorney who fails to comply.

(2) Command to Produce Records or Tangible Things.

(A) Attendance Not Required. A person commanded to produce records or tangible things need
not attend in person at the place of production unless also commanded to attend for a deposition,
hearing, or trial.

(B) For Production of Privileged Records.

(i) If a subpoena commands production of records from a person who provides services subject to
one of the privileges established by C.R.S. 13-90-107, or from the records custodian for that
person, which records pertain to services performed by or at the direction of that person (privileged
records), such a subpoena must be accompanied by an authorization signed by the privilege
holder or holders or by an ALJ order authorizing production of such records.

(ii) Prior to the entry of an order for a subpoena to obtain the privileged records, the ALJ shall
consider the rights of the privilege holder in such privileged records, including an appropriate means
of notice to the privilege holder or holders or whether any objection to production may be resolved
by redaction.

(ii) If a subpoena for privileged records does not include a signed authorization or ALJ order
permitting the privileged records to be produced by means of subpoena, the subpoenaed person
shall not appear to testify and shall not disclose any of the privileged records to the party who
issued the subpoena.

(C) Objections. Any party or the person subpoenaed to produce records or tangible things may
submit to the party issuing the subpoena a written objection to inspecting, copying, testing or
sampling any or all of the materials. The objection must be submitted before the earlier of the time
specified for compliance or 14 days after the subpoena is served. If objection is made, the party
issuing the subpoena shall promptly serve a copy of the objection on all other parties. If an
objection is made, the party issuing the subpoena is not entitled to inspect, copy test or sample the
materials except pursuant to an order of the ALJ whom subpoena was issued. If an objection is
made, at any time on notice to the subpoenaed person and the other parties, the party issuing the
subpoena may move the issuing ALJ for an order compelling production.

(3) Quashing or Modifying a Subpoena.

(A) When Required. On motion made promptly and in any event at or before the time specified in
the subpoena for compliance, the issuing ALJ must quash or modify a subpoena that:

(i) fails to allow a reasonable time to comply;

(ii) requires a person who is neither a party nor a partys officer to attend a deposition in any county
other than where the person resides or is employed or transacts his business in person or at such
other convenient place as is fixed by an order of ALJ;

1
 Exhibit A

(iii) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or

(iv) subjects a person to undue burden.

(B) When Permitted. To protect a person subject to or affected by a subpoena, the issuing ALJ
may, on motion made promptly and in any event at or before the time specified in the subpoena for
compliance, quash or modify the subpoena if it requires:

(i) disclosing a trade secret or other confidential research, development, or commercial information;
or

(ii) disclosing an unretained experts opinion or information that does not describe specific matters
in dispute and results from the experts study that was not requested by a party.

(C) Specifying Conditions as an Alternative. In the circumstances described in Rule 45(c)(3)(B),

the court may, instead of quashing or modifying a subpoena, order attendance or production under
specified conditions if the issuing party:

(i) shows a substantial need for the testimony or material that cannot be otherwise met without
undue hardship; and

(ii) ensures that the subpoenaed person will be reasonably compensated.

Duties in Responding to Subpoena. (required by Colorado Rule of Civil Procedure 45(d))

(1) Producing Records or Tangible Things.

(A) Unless agreed in writing by all parties, the privilege holder or holders and the person
subpoenaed, production shall not be made until at least 14 days after service of the subpoena,
accept that, in the case of an expedited hearing pursuant to these rules or any statute, in the
absence of such agreement, production shall be made only at the place, date and time for
compliance set forth in the subpoena; and

(B) If not objected to, a person responding to a subpoena to produce records or tangible things
must produce them as they are kept in the ordinary course of business or must organize and label
them to correspond to the categories in the demand and must permit inspection, copying, testing,
or sampling of the materials.

(2) Claiming Privilege or Protection.

(A) Information Withheld. Unless the subpoena is subject to subsection (c)(2)(B) of this Rule
relating to production of privileged records, a person withholding subpoenaed information under a
claim that it is privileged or subject to protection as trial-preparation material must:

(i) make the claim expressly; and

(ii) describe the nature of the withheld records or tangible things in a manner that, without revealing
information itself privileged or protected, will enable the parties to assess 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.

2
Exhibit B
Exhibit B
Exhibit B
Exhibit B