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1

THE STATE OF NEW HAMPSHIRE HILLSBOROUGH, SS. SUPERIOR COURT Northern District

Case No. 216-2020-CV-00342

Representative Mary Jane Wallner,

Senator Lou D’Allesandro, Speaker of the House of Representatives Stephen Shurtleff,

and Senate President Donna Soucy

v.

Christopher Sununu, Governor of the State of New Hampshire

DEFENDANT’S RESPONSES TO PLAINTIFFS’ STATEMENT OF MATERIAL FACTS

IN SUPPORT OF THEIR MOTION FOR PARTIAL SUMMARY JUDGMENT

The defendant, by and through counsel, respectfully submits these responses to the

plaintiffs’ Statement of Material Facts.

I. LEGISLATIVE FACTS

State of Emergency Statutes

A. RSA 107

1. Laws 1949, ch. 304 is attached as Exh. 1.

Response: Admitted.

2. RSA 107 (1977) is attached as Ex. 2.

Response: Disputed. Ex. 2 appears to be the 1955 version of RSA 107. It is also not apparent from Ex. 2 whether it contains the entirety of RSA 107, and no supporting affidavit supports whether it is or is not.

B. RSA 107-C

3. House Bill 37 (1987), as introduced, is attached as Ex. 3.

FiledFile Date: 8/10/2020 7:57 PM

Hillsborough Superior Court Northern DistrictE-Filed Document

2

Response: Disputed. Ex. 3, on its face, does not reveal that it is House Bill 37 “as introduced” and no supporting affidavit indicates whether it is or is not.

4. Pages 132-33, and 371 of the 1987 Journal for the House of

Representatives are attached as Ex. 4. Response: Admitted.

5. RSA 107-C as first enacted, Laws 1987, ch. 162:1, are attached as Ex. 5.

Response: Admitted.

6. RSA 107-C (2001) is attached as Ex. 6.

Response: Disputed. Ex. 6 does not reveal whether it is the entirety of RSA 107-C (2001) and no supporting affidavit indicates whether it is or is not.

C. House Bill 1461-FN (2002) (RSA 4:45 / RSA 21-P)

7. Documents related to House Bill 1461-FN (2002)’s review by the House Committee on Executive Departments and Administration are available online,1 and review by the Senate Committee on Executive Departments and Administration are available online.2 Response: The defendant has no reason to dispute the narrow proposition advanced in this paragraph that certain documents related to House Bill 1461 are available online.

8. Pages 723-25 and 969-971 of the 2002 Journal for the Senate are attached

as Ex. 8. Response: Admitted.

1 http://gencourt.state.nh.us/SofS_Archives/2002/house/HB1461H.pdf

2 http://gencourt.state.nh.us/SofS_Archives/2002/senate/HB1461S.pdf

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RSA 9:13-d, “Civil Emergency”

D. 1977 Seabrook Protests

9. Chris Herbert, Trials Expedited To Cut State Costs, Union Leader (May 4, 1977) is attached as Ex. 9. Response: The defendant admits that Ex. 9 appears to be a copy of Chris Herbert, Trials Expedited To Cut State Costs, Union Leader (May 4, 1977). Absent a supporting affidavit, the defendant does not know whether Ex. 9 is a true, correct, and accurate copy of that article. Regardless, the article attached as Ex. 9 is immaterial to resolution of this dispute and consists of inadmissible hearsay. It therefore cannot be used to meet the plaintiffs’ summary judgment burden.

10. Pages 2844-45 of the 1977 Journal for the Senate are attached as Ex. 10.

Response: Admitted.

E. RSA 9:13-d

11. Laws 1978, ch. 52:15 is attached as Ex. 11.

Response: Admitted.

12. RSA 9:13-a, b, and c (1986) are attached as Ex. 12.

Response: Disputed.

13. Laws 1987, ch. 416:2 are attached as Ex. 13.

Response: Admitted.

F. HB 608 (1999)

14. HB 608 (1999), as introduced, is attached as Ex. 14.

Response: Admitted.

15. Documents related to House Bill 608-FN-A (1999)’s review by the House Committee on Finance are attached as Ex. 15.

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Response: The defendant admits that Ex. 15 appears to contain documents related to House Bill 608-FN-A (1999) and its consideration by the House Committee on Finance.

16. Documents related to House Bill 608-FN-A (1999)’s review by the Senate

Committee on Finance are attached as Ex. 16. Response: The defendant admits that Ex. 16 appears to contain documents related to House Bill 608-FN-A (1999) and its consideration by the Senate Committee on Finance.

RSA 4:18, “Emergency Fund”


Response: Admitted.


Response: Admitted.


Response: Admitted.

20. Opinion of the Attorney General, No. 1964-7 (August 28, 1984) is attached as Ex. 20.

Response: Admitted.

II. GOVERNOR BENSON’S APPROPRIATION REQUEST TO THE FISCAL COMMITTEE DURING A STATE OF EMERGENCY.

Response: The defendant disputes the characterization of Governor Benson’s request as an “appropriation request.” That characterization is not supported by the plain language if the request, is not supported by the law, and is not supported by affidavit or other evidence in this case.

21. Governor Craig R. Benson’s signed Executive Order 2003-9 on August

11, 2003 declaring a state of emergency pursuant to RSA 21-P:34-48.3

3 https://sos.nh.gov/WorkArea/DownloadAsset.aspx?id=24449

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Response: Disputed. A plain reading of Executive Order 2003-9 does not appear to support the above statement.

22. At the Fiscal Committee’s August 13, 2003 meeting, Governor Benson

requested a $1 million appropriation for the office of emergency management, which was approved. See Fiscal Committee Minutes, Meeting of Aug. 13, 2003.4

Response: Disputed. A plain reading of the cited document does not support the proposition that the Fiscal Committee provided an “appropriation.” Rather, Governor Benson requested Committee approval “to draw up to $1,000,000 from funds not otherwise appropriated, and deposit th[ose] funds in the Office of Emergency Management’s account to assist local residents, business and communities that have experienced damage due to recent flooding.”

III. FEDERAL RESPONSES TO THE COVID-19 PANDEMIC.

23. The United States Congress has passed the following acts related to the novel coronavirus (COVID-19) pandemic, including but not limited to:

H.R. 6074 - Coronavirus Preparedness and Response Supplemental Appropriations Act (enacted March 6, 2020)

H.R. 6201 - Families First Coronavirus Response Act (enacted March 18, 2020)

H.R. 748 - Coronavirus Aid, Recovery, and Economic Security (“CARES”) Act (enacted March 27, 2020)

Response: Admitted.

24. Pursuant to guidance on receiving CARES Act funding, New Hampshire executive branch official(s) provided certain information to the U.S. Treasury,56 which resulted in New Hampshire receiving $1.25 billion in federal CARES Act funds.7

4 https://www.gencourt.state.nh.us/LBA/Budget/FiscalMinutes/fiscal_minutes_08_13_2003.pdf

5 U.S. Treasury, Treasury Launches Web Portal and Begins Disbursement of CARES Act Funding to State, Local, and Tribal Governments (Apr. 13, 2020), available at: https://home.treasury.gov/news/press-releases/sm974.

6 https://home.treasury.gov/news/press-releases/sm974

7 U.S. Treasury, Payments to States and Eligible Units of Local Government, available at: https://home.treasury.gov/system/files/136/Payments-to-States-and-Units-of-Local-Government.pdf, at 4.

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Response: Disputed. The plaintiffs have submitted no supporting affidavit or other evidence to support this statement. The defendant admits only that the executive branch provided information to the U.S. Treasury in order to receive the $1.25 billion in federal CARES Act funds.

IV. GOVERNOR SUNUNU’S RESPONSES TO THE COVID-19 PANDEMIC.

25. COVID-19 led Governor Sununu to first declare a state of emergency under RSA 4:45 on March 13, 2020. See Executive Order (“EO”) 2020-04.8 Response: Admitted.

26. Governor Sununu has since extended the state of emergency five times. See Executive Orders 2020-05,9 2020-08,10 2020-09,11 2020-10,12 and 2020-14.13 Response: Admitted.

27. Last month, Governor Sununu declared that he expects to continually declare a state of emergency for “quite some time” into the “indefinite future.” Chris Sununu (@GovChrisSununu), Twitter (Jun. 4, 2020, 7:32 PM).14 Response: Admitted.

28. Governor Sununu provided Speaker Shurtleff and Plaintiff Donna Soucy a letter dated April 7, 2020,15 which states in part:

Unlike the 2009 stimulus investment process that used the budget to ensure legislative input, the urgency and timing of this crisis does not allow for that course of action. Therefore, I will be creating a bipartisan Legislative Advisory Board

8 https://www.governor.nh.gov/sites/g/files/ehbemt336/files/documents/2020-04.pdf.

9 https://www.governor.nh.gov/sites/g/files/ehbemt336/files/documents/2020-05.pdf





14 https://twitter.com/GovChrisSununu/status/1268687182635687936

15 https://www.governor.nh.gov/sites/g/files/ehbemt336/files/documents/20200407-soucy-shurtleff.pdf

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within GOFERR, comprised of both Republican and Democrat leadership, to ensure transparency and input to the process. It is my expectation that this advisory group have a voice in investment activities and will meet on a consistent basis with the leadership and staff within GOFERR. It is important to ensure that this process has as much accountability, transparency and integrity as possible.

Response: Admitted.

29. Governor Sununu signed Executive Order 2020-06 on April 14, 2020, which created the Governor’s Office for Emergency Relief and Recovery (GOFERR).16 Response: Admitted.

30. As of last month, Governor Sununu had appropriated all but “$250 to $300 million” of New Hampshire’s CARES Act funds. Tony Schinella, As New Hampshire Begins To Reopen, More CARES Act Aid Released, Patch (Jun 11, 2020).17 Response: Admitted that the referenced article is accurately quoted. That article constitutes inadmissible hearsay and cannot be used to meet the plaintiffs moving burden on summary judgment. Additionally, even the summation referenced in the article does not stand for the proposition the plaintiffs cite it for.

V. FISCAL COMMITTEE MEETINGS18 A. March 13, 2020.

31. The Fiscal Committee convened a meeting on the same day Governor Sununu declared a state of emergency on March 13, 2020. See Mar. 13, 2020 Fiscal Committee Agenda..19 Response: Admitted.

32. For that meeting, the Department of Health and Human Services

(“DHHS”) requested Fiscal Committee approval “[p]ursuant to the 16 https://www.governor.nh.gov/sites/g/files/ehbemt336/files/documents/2020-06.pdf

17 https://patch.com/new-hampshire/concord-nh/new-hampshire-begins-reopen-more-cares-act-aid-released

18 All Fiscal Committee documentation can be found at: http://www.gencourt.state.nh.us/LBA/budget/Fiscal_Items/2020_FiscalItems.aspx

19 http://www.gencourt.state.nh.us/LBA/budget/FiscalAgenda/FISCAL_COMMITTEE_Agenda_2020-03-13.pdf

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provisions of RSA 14:30-a, VI,” “to accept and expend Federal Funds in an amount up to an estimated $5,000,000 from the Centers for Disease Control for purposes of addressing the Covid-19 virus.” See Letter from Lori Shibinette to Rep. May Jane Wallner and Gov. Sununu, FIS 20-050 (Mar. 5, 2020).20 Response: While the defendant does not dispute this statement, the defendant does contend that it is neither relevant nor material to the issue before the court in this case.

33. The Fiscal Committee approved this request on March 13. See Fiscal

Committee Quick Results, Meeting of Mar. 13, 2020.21 Response: Admitted.

B. April 10, 2020 meeting.

34. On April 8, 2020 Governor Sununu stated that he would spend CARES Act funds without seeking Fiscal Committee approval to do so, in part because “To ask the Fiscal Committee to meet in open session is not possible; it is not feasible and it is not going to happen.” See Garry Rayno, Sununu, Legislative Leaders Spar Over COVID-19 Stimulus Funds, InDepthNH (Apr. 8, 2020).22 Response: The defendant admits only that he made the above-quoted statement. This statement, however, is neither relevant nor material to the issue before the court in this case.

35. The Fiscal Committee met remotely two days later on April 10, 2020. See

Apr. 10, 2020 Fiscal Committee Agenda.23 Response: Admitted. This fact, however, is neither relevant nor material to the issue before the court in this case.

36. For that meeting HHS requested Fiscal Committee approval “[p]ursuant to

the provisions of RSA 14:30-a, VI, [to] authorize [DHHS] Division of Long Term Supports and Services, to accept and expend Families First Coronavirus Response Act, Older Americans Act Title III Grant Funds…in the amount of $1,200,000….” See Letter from Lori Shibinette

20 http://www.gencourt.state.nh.us/LBA/budget/FiscalItems/2020-03-13_Agenda_Items/FIS_20-050_LateItem.pdf

21 http://www.gencourt.state.nh.us/LBA/budget/fiscalQuick/Fiscal_Quick_Results_2020-03-13.pdf

22 http://indepthnh.org/2020/04/08/sununu-legislative-leaders-spar-over-covid-19-stimulus-funds/

23 http://www.gencourt.state.nh.us/LBA/budget/FiscalAgenda/FISCAL_COMMITTEE_Agenda_2020-04-10_REVISED.pdf

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to Rep. May Jane Wallner and Gov. Sununu, FIS 20-066 (Mar. 31, 2020) (emphasis added).24 Response: While the defendant does not dispute this statement, the defendant does contend that it is neither relevant nor material to the issue before the court in this case.

37. The Fiscal Committee approved this request, along with ten other separate spending requests. See Fiscal Committee Quick Results, Meeting of Apr. 10, 2020.25 Response: While the defendant does not dispute this statement, the defendant does contend that it is neither relevant nor material to the issue before the court in this case.

38. For the April 10 meeting, DHHS also informed the Fiscal Committee in

two separate “informational items” that it had transferred more than $18 million from general funds” to cover COVID-19 costs. See Letter from Lori Shibinette to Rep. May Jane Wallner and Gov. Sununu, FIS 20-065 (Mar. 31, 2020);26 Letter from Lori Shibinette to Rep. May Jane Wallner and Gov. Sununu, FIS 20-067 (Mar. 31, 2020).27 Response: While the defendant does not dispute this statement, the defendant does contend that it is neither relevant nor material to the issue before the court in this case.

39. These information items were “prepared in the same format as submittal

for Joint Legislative Fiscal Committee,” which requested approval to transfer funds “[p]ursuant to the provisions of RSA 9:16-a,” but HHS informed the committee that such items were “approved by the Governor’s Office” pursuant to “Executive Order 2020-04.” Id. Response: While the defendant does not dispute this statement, the defendant does contend that it is neither relevant nor material to the issue before the court in this case.

24 http://www.gencourt.state.nh.us/lba/Budget/FiscalItems/2020-04-10_Agenda_Items/FIS_20-066.pdf




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C. May 8, 2020 meeting.

40. The Fiscal Committee met remotely on May 8, 2020. See May 8, 2020 Fiscal Committee Agenda.28 Response: While the defendant does not dispute this statement, the defendant does contend that it is neither relevant nor material to the issue before the court in this case.

41. For that meeting, HHS requested Fiscal Committee approval “[p]ursuant

to the provisions of RSA 14:30-a, VI…[to] authorize [DHHS] Division of Public Health Services, to accept and expand federal funds in the amount of $420,445.” See Letter from Lori Shibinette to Rep. May Jane Wallner and Gov. Sununu, FIS 20-093 (Apr. 20, 2020).29 Response: While the defendant does not dispute this statement, the defendant does contend that it is neither relevant nor material to the issue before the court in this case.

42. The Fiscal Committee approved this request, along with 13 other separate

spending requests. See Fiscal Committee Quick Results, Meeting of May 8, 2020.30 Response: While the defendant does not dispute this statement, the defendant does contend that it is neither relevant nor material to the issue before the court in this case.

D. June 12, 2020 meeting.

43. The Fiscal Committee met remotely on June 12, 2020. See June 12, 2020 Fiscal Committee Agenda.31 Response: While the defendant does not dispute this statement, the defendant does contend that it is neither relevant nor material to the issue before the court in this case.

44. For that meeting, HHS requested Fiscal Committee approval under RSA

9:16-a and RSA 14:30-a, VI to “transfer general funds in the amount of $1,488,312 between various class lines, increase federal revenues in the

28 http://www.gencourt.state.nh.us/LBA/budget/FiscalAgenda/FISCAL_COMMITTEE_Agenda_2020-05-08_REVISED.pdf




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amount of $1,756,431….” See Letter from Lori Shibinette to Rep. May Jane Wallner and Gov. Sununu, FIS 20-121 (May 22, 2020).32 Response: While the defendant does not dispute this statement, the defendant does contend that it is neither relevant nor material to the issue before the court in this case.

45. The Fiscal Committee approved this request, along with 15 other separate

spending requests. See Fiscal Committee Quick Results, Meeting of June 12, 2020.33 Response: While the defendant does not dispute this statement, the defendant does contend that it is neither relevant nor material to the issue before the court in this case.

E. July 10, 2020 meeting.

46. The Fiscal Committee met on July 10, 2020,34 where it approved five different executive branch spending requests.35 Response: While the defendant does not dispute this statement, the defendant does contend that it is neither relevant nor material to the issue before the court in this case.

VI. GOVERNOR SUNUNU’S PUBLICATION36 OF HIS APPROPRIATIONS SINCE DECLARING A STATE OF EMERGENCY.

Response: The defendant disputes the characterization of his spending decisions as “appropriations.” That characterization is not supported by the plain language of the publications at issue, is not supported by the law, and is not supported by affidavit or other evidence in this case.





36 All information in Section III derives from the Governor’s Twitter account, http://www.twitter.com/GovChrisSununu, which are embedded on his official state website: https://www.governor.nh.gov/

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47. March 30: publicizing the “$50M health care relief fund I established”37

Response: The defendant does not dispute that the quoted language in this paragraph appears in his Twitter feed on the date represented.

48. April 1: “Today, I'm putting forward $2 million in new funding to help

New Hampshire's vulnerable kids during this crisis.”38

Response: The defendant does not dispute that the quoted language and image in this paragraph appears in his Twitter feed on the date represented.

49. April 1: “Today I am establishing the Emergency Protections and Relief

Funds for Domestic and Sexual Violence Organizations.”39

Response: The defendant does not dispute that the quoted language and image in this paragraph appears in his Twitter feed on the date represented.




13

50. April 3: “Last month I announced the Emergency Health Care System Relief Fund. Today, we are announcing the first grant - which is going to @LRGHealthcare in the form of a $5.25M, zero-interest loan”40 Response: The defendant does not dispute that the quoted language in this paragraph appears in his Twitter feed on the date represented.

51. April 8: “Following passage of the CARES Act, I have established the

Governor’s Office for Emergency Relief & Recovery. This office will ensure that the allocation of the more than $1.25B in federal aid coming to New Hampshire is allocated in a transparent, accountable manner.”41

Response: The defendant does not dispute that the quoted language in this paragraph appears in his Twitter feed on the date represented. It is not clear why the plaintiff has cut and paste what appears to be a video of news broadcast that does not operate from the Word document it is embedded in. On that basis, the defendant disputes its inclusion, while maintaining that the superior court rules do not intend images or videos to be embedded in a statement of material facts.

52. April 14: “I am announcing the formation of the Long-Term Care Stabilization Program, which will provide a weekly $300 stipend to front line workers at NH Medicaid funded residential facilities and social services organizations.”42 Response: The defendant does not dispute that the quoted language in this paragraph appears in his Twitter feed on the date represented.




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53. May 4: Issuing the “front line stipend”43

Response: The defendant does not dispute that the quoted language and the above image in this paragraph appears in his Twitter feed on the date represented.

54. May 13: “A few weeks ago we launched the Long Term Care Stabilization

Fund to ensure that those in long-term care facilities receive uninterrupted care. Since, over $6.2 million in payments have gone out the door with $5.5 committed a week going forward.”44




15

55. May 13: “Today, we are sending $575,000 to police and fire departments across New Hampshire to purchase ventilators, PPE, supplies, and help cover overtime costs.”45


56. May 15: “In the first few weeks since receiving these funds from the federal government, we moved quickly and committed $250 million in federal funds to help those in need. These steps were just the beginning, but every day we take steps to provide more relief for the citizens of NH.”46




16

57. May 15: “We are expanding funding for our hospitals and health care facilities, committing an unprecedented amount to our non-profits and Main Street small businesses, and continuing to put dollars towards our childcare system, frontline workers, and higher education system.”47


58. May 15: “Today we are doubling the amount allocated for our health care organizations by increasing the Emergency Fund by $50 million, bringing the total to $100 Million”48




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59. May 15: “We're putting forward $60M to help NH nonprofits”49


60. May 15: “We are committing $25 million to provide emergency funding to the Early Childhood Care and Education System”50




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61. May 15: Creating the Main Street Relief Fund 51


62. May 15: “Today we are announcing $15 million in support of farm & food”52




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63. May 15: “We are committing $15 million to higher education here in New Hampshire”53


64. May 15: “We are expanding the eligible pool of those in line to receive stipend enhancements”54




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65. May 15: “With today’s funding allocations, the state will have approximately $405 million in reserve.”55


66. May 15: we are creating a $30 million “Small Business Gap Fund”56




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67. June 10:57

Response: The defendant does not dispute that the above image in this paragraph appears in his Twitter feed on the date represented.


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68. June 11: “$50M to broadband initiative; $35M for people facing housing insecurities; $15M to homeless shelters; $10M for private colleges/universities; $2M to chambers of commerce”58


69. June 16: “5,466 grants have been approved through the Main Street Relief Fund, providing New Hampshire small businesses with an average grant of $61,905 — a huge opportunity for many businesses. In total, $338M will go out the door to help businesses pay their bills and keep the lights on.”59 Response: The defendant does not dispute that the quoted language in this paragraph appears in his Twitter feed on the date represented.

58 https://twitter.com/MikeCroninWMUR/status/1271159548926197760, retweeted by @GovChrisSununu.


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70. June 23: “23,000 frontline Medicaid workers from nearly 300 long-term care providers have benefited from the $300 weekly stipend, with over $28 million having gone out the door”60 Response: The defendant does not dispute that the quoted language in this paragraph appears in his Twitter feed on the date represented.

71. June 23:61

Response: The defendant does not dispute that the above image in this paragraph appears in his Twitter feed on the date represented.

72. June 23: “$7 million to help Veterans across NH”62





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73. June 23: “$2 million to be used to benefit youth across New Hampshire.”63


74. June 23: “$1 million to provide additional support for the New Hampshire Internet Crimes Against Children Taskforce”64 Response: The defendant does not dispute that the quoted language in this paragraph appears in his Twitter feed on the date represented.

75. June 23: “$2 million to community organizations like the @BGCA_Clubs,

@girls_inc, and the Police Athletic League.”65 Response: The defendant does not dispute that the quoted language in this paragraph appears in his Twitter feed on the date represented.

76. June 23: Retweeting the national Boys & Girls Clubs account which stated as follows:66





66 https://twitter.com/BGCA_Clubs/status/1275523210805682177

25

77. June 23: “$18 million in new funding to support programs that benefit New Hampshire’s youth, mental health and substance use disorder treatment, and veterans program”67 Response: The defendant does not dispute that the quoted language in this paragraph appears in his Twitter feed on the date represented.

78. June 25: “On May 15th I announced $25 million in #CARESAct Funds for

our early childhood care and education system. On Monday, DHHS will notify 590 child care programs of their awards - totaling $15 million for family childcare, after school and recreation programs, & summer camps. With this funding, over 22,000 children and their families in these programs will be reassured that their child care program will receive support to stabilize their operations and continue providing these critical child care services.”68 Response: The defendant does not dispute that the quoted language and the above image in this paragraph appears in his Twitter feed on the date represented.

79. June 25: “As of today, over $322 million in checks have gone out the door

to over 5,000 small businesses across the Granite State as part of our Main Street Relief Fund, helping New Hampshire small businesses pay their bills.”69





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80. June 25: “Today we're also announcing $1.5 million in #CARESAct commitments to @VolunteerNH, which has done amazing work to connect Granite Staters seeking to help those in need.” 70


81. June 30: “Today we're announcing the first 68 long-term care facilities

that are being awarded nearly $10.8 million in grants to assist with financial challenges that have arisen due to #COVID19. Organizations receiving grants will be notified within the next few days.”71


70 https://twitter.com/GovChrisSununu/status/1276233209198645250 71 https://twitter.com/GovChrisSununu/status/1278045059934498824

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82. June 30: “today we're announcing grants from the Emergency Healthcare System Relief Fund to eight additional hospitals.”72


83. June 30: going to involve the legislature if cuts need to be made: “Should tough decisions and cuts need to be made, we will involve the legislature in the decision-making process so that we can make informed decisions affecting the citizens of our state.”73 Response: The defendant does not dispute that the quoted language in this paragraph appears in his Twitter feed on the date represented. The defendant does not know what the phrase “going to involve the legislature if cuts need to be made” means in this paragraph and therefore disputed that statement.



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84. July 6: “The Self Employed Livelihood Fund grant application is live! Self-employed businesses must complete the grant application by 4:00 PM on Friday, July 17, 2020. Click below to complete yours:”74



29

85. July 7: “Over $322M has gone out the door through the Main Street Relief Fund to help 5,017 small businesses across NH pay their bills and keep their lights on. Our small businesses are the backbone of our economy, and we’re thrilled that these funds have been a lifeline for so many.”75

Response: The defendant does not dispute that the quoted language in this paragraph appears in his Twitter feed on the date represented. It is not clear why the plaintiff has cut and paste what appears to be a video of news broadcast that does not operate from the Word document it is embedded in. On that basis, the defendant disputes its inclusion, while maintaining that the superior court rules do not intend images or videos to be embedded in a statement of material facts.


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Respectfully submitted, CHRISTOPHER T. SUNUNU, GOVERNOR OF THE STATE OF NEW HAMPSHIRE By his attorneys, GORDON J. MACDONALD ATTORNEY GENERAL

August 11, 2020 /s/ Daniel E. Will Daniel E. Will N.H. Bar #12176 Solicitor General /s/Anthony J. Galdieri Anthony J. Galdieri N.H. Bar #18594 Senior Assistant Attorney General Civil Bureau Office of the Attorney General New Hampshire Department of Justice 33 Capitol Street Concord, NH 03301-6397 (603) 271-3650 [email protected] [email protected]

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CERTIFICATE OF SERVICE

I, Daniel E. Will, hereby certify that a copy of the foregoing Defendant’s responses to

plaintiffs’ statement of material facts in support of their motion for partial summary judgment

was sent via the court’s e-filing system to the following counsel of record:

Gregory L. Silverman, Esquire, counsel for Senator Lou D’Allesandro, and Senate President Donna Soucy Paul Twomey, Esquire, counsel for Representative Mary Jane Wallner, and Speaker of the House of Representatives Stephen Shurtleff

August 11, 2020 /s/ Daniel E. Will

Daniel E. Will