-VIRGINIA:

IN THE CIRCUIT COURT FOR THE CITY OF RICHMOND

CITY OF RICHMOND POLICE DEPARTMENT,

Plaintiff,

v. Civil Case No. CL12-4939

MORIAH KAHN,THE RICHMOND WINGNUT COLLECTIVE,NATHAN COX,FILEBIN.NET,andDOES 1-10,

Defendants.

MOTION TO SHOW CAUSE

COMES NOW Plaintiff, City of Richmond Police Department (the "RPD" or

"Plaintiff'), by counsel, and moves for entry of a Show Cause Order against Moriah Karn

("Kam"), The Richmond Wingnut Collective (the "Wingnuts"), and Nathan Cox

("Cox"). The RPD states the following grounds for the Motion.

1. On November 15, 2012, the Plaintiff commenced this action filing a

Complaint, a Motion for Temporary Injunction ("Injunction Motion") and a Motion to

put the case file under seal ("Motion to Seal").

2. The Complaint sought injunctive and declaratory relief to prevent the

disclosure of certain Confidential Information, as defined in the Complaint, which

included information concerning undercover operations of the RPD, names and home

addresses of employees and undercover police officers of the RPD.

US_ACTIVE·111183433.1

3. At approximately 7:00 AM on November 16,2012, the Plaintiff served a

copy of the Complaint, the Injunction Motion, the Motion for Temporary Injunction, and

a Notice of Hearing on Karn and Cox by posting at their last known residence addresses.

4. In accord with the Notice, the Court conducted a hearing on the Motion

for Temporary Injunction on or after 9:30 AM on November 16,2012.

5. The Court granted the Injunction Motion and entered an Order (the

"Injunction Order"), which states in pertinent part:

The matter concerns the protection of certain information defined in theComplaint as "Confidential Information." It appearing to the Court that therequirements for a temporary injunction are met and that it is otherwise right andproper so to do, the Court hereby ORDERS that the Police Department's Motionfor Temporary Injunction is GRANTED against Defendants Moriah Karn("Karn"), The Richmond Wingnut Collective (the "Wingnuts"), Nathan Cox("Cox"), and Filebin.net ("Defendants") and enters a Temporary Injunction Orderprohibiting (1) Defendants from continuing to make the Confidential Informationavailable to the public; and (2) requiring that the Defendants return to the Courtany copies of any portion of the Confidential Information.

6. In addition, the Court On November 16,2012, granted the Motion to Seal

entering an Order (the "Order to Seal File") that states, "the Clerk is Ordered to place this

file under Seal."

7. Both the Injunction Order and the Order to Seal File were served

personally on Cox in the afternoon on November 16,2012. Copies of the Orders were

delivered to Karn at her last known address and two other locations, but personal service

was not achieved.

8. Cox posted copies of the Injunction Order and the Order to Seal on

http://virginiacopblock.org/.

9. Subsequently, Cox also posted new links to another website

(fileconvoy.com) by which the public was made able to view additional Confidential

-2-

Information consisting of information concerning undercover operations of the RPD.

This additional Confidential Information is, like all the other inforamtion, part of the

information on the missing Hard Drive of the RPD.

10. Neither Cox, nor Kam have made any filings with the Court in this case

and neither has delivered any copies of the Confidential Information in their possession

to the Court, as required under the Injunction Order.

WHEREFORE, Plaintiff, the City of Richmond Police Department, respectfully

requests that this Court enter an Order to show cause (1) why the Defendants Cox and

Kam should not be found in contempt of Court for failure to comply with the Injunction

Order and (2) why Cox should not be found in contempt of Court for failure to comply

with the Order to Seal.

Respectfully submitted,

CITY OF RICHMOND POLICEDEPARTMENT

By Counsel

Travis . Sabalewski, quire (VSB No.4 7368)Justin M. Sizemore, Esquire (VSB No. 71859)Reed Smith LLPRiverfront Plaza - West Tower901 East Byrd Street, Suite 1700Richmond, VA 23219-4069Telephone: (804) 344-3400Facsimile: (804) 344-3410tsabaiewski@reedsmith.comjsizemore@reedsmith.com

Counsel for Plaintiff

-3-