UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Thurgood Marshall U.S. Courthouse 40 Foley Square, New York, NY 10007 Telephone: 212-857-8500 MOTION INFORMATION STATEMENT Docket Number(s): 10-2438 and 10-2573 (consolidated) Motion for: Dismissal of consolidated appeals as moot; vacatur of lower court orders In Re: Application to Quash Subpoenas Caption Fuse short title) to Daily News, L.P. and George Rush Set forth below precise, complete statement of relief sought: (1) Dismissing consolidated appeals as moot: and (2) pursuant to 28 U.S.C. 6 2106. vacating District Court order entered on May 21. 2010 (McKenna. J.) denying appellants' motion to quash subpoenas and vacating District Court order entered on June 25, 2010 (Stein, J.) adjudging appellants in civil contempt of May 21 order. MOVING PARTY: Daily News. L.P. and George Rush OPPOSING PARTY: Appellee Jane Doe D Plaintiff O Defendant ID Appellant/Petitioner 0 Appellee/Respondent MOVING ATTORNEY: Laura R. Bondman and Robert D. Bolin OPPOSING ATTORNEY: Paul G. Cassell [name of attorney, with finn, address, phone number and e-mail) Davis Wright Tremaine LLP 332 South 1400 East, Room 101 Suite 800. 19 ennsylyania Avenue. NW Salt Lake City. UT 84112 Court-Judge/Agency appealed from: Southern District of New York (Stein. J. and McKenna. J. Please cheek appropriate boxes: FOR EMERGENCY MOTIONS, MOTIONS FOR STAYS AND INJUNCTIONS PENDING APPEAL: Has movant notified opposing counsel (required by Local Rule 27.1): Has request for relief been made below? K Yes K No Yes 0 No (explain): Has this relief been previously sought in this Court? 0 Yes 0 No Requested return date and explanation of emergency: Opposing counsel's position on motion: Unopposed ['Opposed ODon't Know Does opposing counsel intend to file a response: K Yes U No ['Don't Know O Is oral argument on motion requested? K Yes U No (requests for oral argument will not necessarily be granted) Has argument date of appeal been set? El Yes d No If yes, enter date: Pc, motion order dated July, 12, 2010. appeal um on 'ohm's:on and held in abeyance sedditAdi41.°Allitilair • Date: July 20, 2010 Has service been effected? U Yes K No [Attach proof of service] ORDER IT IS HEREBY ORDERED THAT the motion is GRANTED DENIED. FOR THE COURT: CATHERINE O'HAGAN WOLFE, Clerk of Court Date: By: Form T-1080 EFTA00730393