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motion to compel the documents at issue. The Court was required to hold a hearing to
determine the discoverability of the documents. The City’s actions, or inaction, shows
that it was disregarding the plaintiff's discovery request, or misleading the plaintiff about
the availability of responsive documents. Under these circumstances, sanctions are
appropriate to compensate the plaintiff for the costs related to discovering the
documents at issue.

Additionally, the Court finds that the City has not demonstrated substantial
justification for the conduct at issue or other circumstances that would make the
imposition of sanctions unfair. Indeed, the Court notes and admonishes the City for its
objection to the plaintiffs request for sanctions. The Court finds the City's objection to
go against the underlying facts, which the City admitted were uncontested at the
hearing. The Court also finds the tone of City’s objection concerning. (See, e.g., City's
Obj. 7 A (‘The plaintiff's motion is rife with unsupported and inflammatory allegations,
conjecture, and hyperbole unworthy of a motion before this Court.”); id. q U (‘The
plaintiffs behavior in filing this frivolous motion arguably meets the definition of obdurate
and obstinate”).) Moreover, the Court notes that at the hearing the City represented
that it was unclear when the City discovered the emails were unobtainable, (hr'g at
10:22), however, in its objection the City stated that “[elarly on in the process it was
discovered that the emails from the month of September 2019 were unobtainable due to
file corruption[,J" (City's Obj. ] T). The Court is concerned about the City’s candor and
if the City attempted in good faith to resolve the discovery dispute over the documents
at issue. See N.H. Super, Ct. R. 21(f) (requiring the parties to make “a good faith effort

to resolve informally a dispute concerning discovery.”) The stark contrast between the

Ortolano v. The City of Nashua / 2020-CV-00133
4

objection and the City's position at the hearing is striking. (See hr'g at 10:23-24
(Attorney Bolton characterizing the objection at the hearing as follows: “It was a little
over the top. Maybe more than a little, in response.”)

In conclusion, the Court awards the plaintiff with reasonable attorney’s fees
associated with her attempt to obtain discovery of the emails in question. As a result,
the plaintiff's motion for discovery sanctions is GRANTED. The plaintiff shall file an
itemization of attorney's fees with appropriate redactions for attorney-client privilege and
work product purposes by August 1, 2021. Any objection to this itemization shall be
filed by August 15, 2021.

So ordered.

Date: July 14, 2021

Hon. Charles S. T.
Presiding Justice

Clerk's Notice of Decision

Document Sent to Parties
on 97/14/2021

Ortolano v. The City of Nashua / 2020-CV-00133
5

SPECIAL BOARD OF ALDERMEN
OCTOBER 12, 2021

7:00 PM Aldermanic Chamber and via Zoom

Join Zoom Meeting: https://usO2web.zoom.us/j/84668877586?pwd=MHY2VXJITWRsK3BwbTQZRVA1K1IFQ…
Meeting ID: 846 6887 7586 Passcode: 832255

Join by telephone: 1-929-205-6099
Meeting ID: 846 6887 7586 Passcode: 832255

If anybody has a problem accessing the meeting via phone or Channel 16, please call 603-589-3329 and they will help you
connect.

PRESIDENT LORI WILSHIRE CALLS ASSEMBLY TO ORDER

PRAYER OFFERED BY CITY CLERK SUSAN K. LOVERING
PLEDGE TO THE FLAG LED BY ALDERMAN LINDA HARRIOTT-GATHRIGHT
ROLL CALL

PUBLIC HEARING

Shall the City of Nashua allow the operation of sports book retail locations within the City
of Nashua?

Testimony in Favor
Testimony in Opposition
Testimony in Favor
Testimony in Opposition

ADJOURNMENT

CHAPTER 215
HB 480-FN - FINAL VERSION
19Mar2019... 0974h
05/15/2019 1974s
05/30/2019 2196s
05/30/2019 2396s

2019 SESSION
19-0211
08/08
HOUSE BILL 4180-F-N
AN ACT relative to sports betting.
SPONSORS: Rep. Lang, Belk. 4; Rep. Chirichiello, Rock. 6; Rep. Morrison, Rock. 9; Rep. Horn,

Merry. 2; Rep. Aldrich, Belk. 2; Rep. Janvrin, Rock. 37; Rep. Potucek, Rock. 6; Rep.
Goley, Hills. 8; Rep. Soucy, Merr. 16

COMMITTEE: Ways and Means

ANALYSIS

This bill establishes a system within the lottery commission for sports betting.

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [#-braekets-and-struekthreuch-|

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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CHAPTER 215
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19Mar2019... 0974h
05/15/2019 1974s
05/30/2019 2196s
05/30/2019 2396s 19-0211
08/03

STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to sports betting.

Be it Enacted by the Senate and House of Representatives in General Court convened:

215:1 New Chapter; Sports Betting. Amend RSA by inserting after chapter 287-H the following
new chapter:
CHAPTER 287-1
SPORTS BETTING
287-I:1 Definitions. For the purposes of this chapter these words shall have the following
meaning:

I. "Agent" means a party who is authorized by contract or agreement with the commission to
conduct a sports book.

II. "Authorized sports bettor" means an individual 18 years of age or older who is physically
present in the state of New Hampshire when placing a sports wager with the commission or an
authorized agent of the commission and is not a prohibited sports bettor.

III. "Collegiate sports event" means a sports or athletic event participated in or offered or
sponsored by a public or private institution that offers educational services beyond the secondary
level.

IV. "Commission" means the lottery commission.

V. "Director" means the executive director of the lottery commission or designee.

VI. "High school sports event" means a sports or athletic event participated in or offered or
sponsored by a public or private institution that offers educational services at the secondary level.

VII. "“In-play sports wager" means a sports wager on a sports event after the sports event
has begun and before it ends.

VUI. "Mobile sports wagering platform" means the combination of hardware, software, and
data networks used to manage, administer, record, and/or control sports wagers.

IX. "Professional sports event" means an event at which 2 or more persons participate in a
sports or athletic event and receive compensation in excess of actual expenses for their participation
in such event.

X. "Prohibited sports bettor" means:

(a) Any member or employee of the commission and any spouse, child, sibling, or parent

residing in the same household as a member or employee of the commission.

General Terms and Conditions

DEFINITIONS Unless otherwise required by the context, "Professional Engineer”, and its
successors, transferees and assignees (together “Professional Engineer”) includes any of the
Professional Engineer's consultants, sub consultants, contractors, and subcontractors

PROFESSIONAL ENGINEER STATUS The parties agree that Professional Engineer shall have the
status of and shall perform all work under this contract as a Professional Engineer, maintaining
control over all its consultants, sub consultants, contractors, or subcontractors. The only
contractual relationship created by this contract is between the City of Nashua and Professional
Engineer, and nothing in this contract shall create any contractual relationship between the City
of Nashua and Professional Engineer's consultants, sub consultants, contractors, or
subcontractors. The parties also agree that Professional Engineer is not a City of Nashua
employee and that there shall be no:

(1) Withholding of income taxes by the City of Nashua:

(2) Industrial insurance coverage provided by the City of Nashua;

(3) Participation in group insurance plans which may be available to employees of
the City of Nashua;

(4) Participation or contributions by either the Professional Engineer or the City of
Nashua to the public employee’s retirement system;

(5) Accumulation of vacation leave or sick leave provided by the City of Nashua;

(6) Unemployment compensation coverage provided by the City of Nashua.

STANDARD OF CARE Professional Engineer shall be responsible for the professional quality,
technical accuracy, timely completion, and coordination of all work performed under this
contract. Professional Engineer warrants that all work shall be performed with the degree of
professional skill, care, diligence, and sound practices and judgment that are normally exercised
by recognized professional firms with respect to services of a similar nature. It shall be the duty
of Professional Engineer to assure at its own expense that all work is technically sound and in
conformance with all applicable federal, state, and local laws, statutes, regulations, ordinances,
orders, or other requirements. In addition to all other rights which the City of Nashua may have,
Professional Engineer shall, at its own expense and without additional compensation, re-perform
work to correct or revise any deficiencies, omissions, or errors in the work or the product of the
work or which result from Professional Engineer's failure to perform in accordance with this
standard of care. Any approval by the City of Nashua of any products or services furnished or
used by Professional Engineer shall not in any way relieve Professional Engineer of the
responsibility for professional and technical accuracy and adequacy of its work. City of Nashua
review, approval, or acceptance of, or payment for any of Professional Engineer's work under this
contract shall not operate as a waiver of any of the City of Nashua's rights or causes of action
under this contract, and Professional Engineer shall be and remain liable in accordance with the
terms of the contract and applicable law.

Professional Engineer shall furnish competent and skilled personnel to perform the work under
this contract. The City of Nashua reserves the right to approve key personnel assigned by
Professional Engineer to perform work under this contract. Approved key personnel shall not be
taken off of the project by Professional Engineer without the prior written approval of the City of
Nashua, except in the event of termination of employment. Professional Engineer shall, if
requested to do so by the City of Nashua, remove from the job any personnel whom the City of
Nashua determines to be incompetent, dishonest, or uncooperative.

GC 2 of 11

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(b) Any principal or employee of any agent.

(c) Any contractor of the commission or its agents when such contract relates to the
conduct of sports wagering.

(d) Any contractor or employee of an entity that conducts sports wagering in another
jurisdiction when the bettor possesses confidential nonpublic information as a result of his or her
contract or employment relating to the wager being placed.

(e) Any amateur or professional athlete if the sports wager is based in whole or part on a
sport or athletic event overseen by the athlete's governing sports body.

() Any sports agent, owner, or employee of a team, player, umpire, referee, coach, union
official, or official of a sports governing body if the sports wager is based in whole or part on a sport
or athletic event overseen by the governing body which oversees the individual's sport.

(g) Any individual placing a wager as an agent of or proxy for a prohibited sports bettor.

(h) Any person under the age of 18.

XI. “Prohibited sports event” means:

(a) A collegiate sports event in which one of the participants is a collegiate team of a
college institution that is primarily located in New Hampshire;

(b) A collegiate sports event that takes place in New Hampshire;

(c) Any high school sports event in any location;

(d) Any amateur sports event where the participants are primarily under the age of 18;
provided that “prohibited sports event” does not include the games of a collegiate sports tournament
in which a New Hampshire college team participates, nor does it include any games of a collegiate
sports tournament that occurs outside New Hampshire even though some of the individual games or
events are held in New Hampshire; and provided further that sports wagers are permitted on
collegiate sports tournament games in which a New Hampshire college team participates only if the
outcome of the wager is based on the outcome of all games within the tournament.

XII. "Sports governing body" means the organization that prescribes final rules and enforces
codes of conduct with respect to a sporting event and participants therein.

XIII. "Sports book" means the business of accepting wagers on any sports event by any
system or method of wagering.

XIV. “Sports wager" means cash or cash equivalent paid by an individual to participate in
sports wagering.

XV. "Sports wagering” means wagering on sporting events or any portion thereof, or on the
individual performance statistics of athletes participating in a sports event, or combination of sports
events, by any system or method of wagering, including but not limited to in person communication
and electronic communication through Internet websites accessed via a mobile device or computer

and mobile device applications. The term sports wagering shall include, but. not. be limited to, single

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game bets, teaser bets, parlays, over-under bets, money line bets, pools, exchange wagering, in game
wagering, in-play bets, proposition bets, and straight bets.

XVI. "Tier I sports wager" means a sports wager that is placed before the start of the sports
event and is determined solely by the final score or final outcome of that single sports event.

XVII. "Tier IT sports wager" means an in-play sports wager.

XVIII. "Tier III sports wager" means a sports wager that is neither a tier I or tier IT wager.

287-1:2 Sports Book Authorized. The commission is authorized to operate a sports book for the
purposes of accepting and paying sports wagers by authorized bettors within the state in
conformance with the requirements of this chapter.

287-I:3 Commission Agents. The commission shall conduct sports books for sports wagering
through agents selected through a competitive bid process and approved by the governor and
executive council. Any such contract shall be based on the state receiving a percentage of revenue
from sports wagering activities within the state. The commission shall ensure that an agent
demonstrates financial stability, responsibility, good character, honesty, and integrity. In selecting
an agent, the commission shall consider, at a minimum, the experience and background of the agent,
the agent’s ability to serve proposed locations for sports book retail operations, the agent’s mobile
and Internet capabilities, the agent’s contribution to economic development within the state, the
agent's commitment to prevention of problem gambling, to responsible gaming, and to integrity in
betting. The commission shall select a group of bidders who best meet the criteria set forth in this
paragraph and select from that group the agents whose bids provide the state with the highest
percentage of revenue from the sports wagering activities covered by the bids, provided that the
commission determines that the bidder's commitment. to return said revenue percentage to the state
is consistent with the bidder’s commitment to meet all other criteria specified in the bid request and
in applicable law. All agents shall be subject to criminal and financial background checks as
prescribed by the commission.

287-I:4 Commission Directed Sports Wagering. The commission is further authorized to directly
offer lottery games to authorized bettors within the state in the form of tier III sports wagers
through the commission’s lottery retailers subject to the provisions of this chapter. The commission
may retain vendors to support the commission in operating a sports book and such vendors shall be
selected through a competitive bid process and approved by the governor and executive council.

287-1:5 Sports Book Retail Operations. The commission and its agents are further authorized to
operate physical sports book retail locations within the state for the purposes of accepting tier I and
tier II] sports wagers from authorized bettors and paying prizes relating to those wagers. The sports
book retail locations may be co-located with other commercial businesses or general commercial
retail locations. No more than 10 sports book retail locations may be in operation at any given time.

287-1:6 Local Option for Operation of Sports Book Retail Locations.

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I. Any town or city may allow the operation of a sports book retail location according to the
provisions of this subdivision, in the following manner, excepting that nothing in this section shall be
construed to prohibit Internet or mobile wagering or lottery games involving tier III sports wagers in
the jurisdiction, if so authorized by the passage of this statute.

(a) In a town, the question shall be placed on the warrant of an annual town meeting
under the procedures set. out in RSA 39:8, and shall be voted on a ballot. In a city, the legislative
body may vote to place the question on the official ballot for any regular municipal election, or, in the
alternative, shall place the question on the official ballot for any regular municipal election upon
submission to the legislative body of a petition signed by 25 of the registered voters.

(b) The selectmen, aldermen, or city council shall hold a public hearing on the question
at least 15 days but not more than 30 days before the question is to be voted on. Notice of the
hearing shall be posted in at least 2 public places in the municipality and published in a newspaper
of general circulation at least 7 days before the hearing.

(c) The wording of the question shall be substantially as follows: "Shall we allow the
operation of sports book retail locations within the town or city?"

II. If a majority of those voting on the question vote "Yes", sports book retail locations may
be operated within the town or city.

Ill. If the question is not approved, the question may later be voted upon according to the
provisions of paragraph I at the next annual town meeting or regular municipal election.

IV. A municipality that has voted to allow the operation of sports book retail locations may
consider rescinding its action in the manner described in paragraph I of this section.

V. An unincorporated place may allow the operation of a physical sports book retail location
by majority vote of the county delegation, after a public hearing is held.

VI. The commission shall maintain a list of municipalities where sports book retail locations
may be placed into operation.

287-I:7 Mobile Sports Wagering Authorized. The commission and its agents are authorized to
operate a sports books that offer tier I, tier II, and tier III sports wagers through a mobile sports
wagering platform by mobile devices or over the Internet. No more than 5 mobile sports wagering
agents shall be in operation at any given time. With respect. to mobile sports wagering, the
commission, either independently, or through its agent, shall provide:

I. Age verification measures to be undertaken to block access to and prevent sports wagers
by persons under the age of 18 years.

II. Identity verification through secure online databases or by examination of photo
identification.

III. That mobile sports wagers must be initiated and received within the geographic borders

of the state of New Hampshire and may not be intentionally routed outside of the state. The