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>**ORDER REGARDING THE GOVERNMENT’S PROPOSED EXHIBIT**

>On January 3, 2025, the Government submitted copies of its proposed exhibits to this
tribunal. A prehearing ruling (the Prehearing Ruling or PHR) issued after the preliminary
hearing in this case instructed “each party [to] timely provide three (3) complete sets of hard
copies of all proposed exhibits to the Hearing Clerk” no later than January 3, 2025. PHR at 4
(emphasis in original) (italics supplied). Further, the parties were explicitly warned that
“[e]xclusive of audio/video recordings, exhibits provided in the form of compact disc (CD) . . .
or other electronic versions will not be accepted” absent approval from the tribunal. Id. at 4 n.5.
The Government subsequently filed a supplemental prehearing statement (SPHS) wherein it requested leave to file electronic copies of the comments (the Comments) received in response to the notice of proposed rulemaking that serves as the genesis for these proceedings. SPHS at 6-7. Inasmuch as no good cause was provided in support of that requested relief, an order issued in response to the Government’s Supplemental Prehearing Statement (Order Re SPHS) denied that request and noted that the Government would be subject to the same obligations imposed on all
other parties involved in these proceedings. Ord. Re SPHS at 2-3.

>Despite the clear (and repeated) directives contained in the Prehearing Ruling and the
Order Re SPHS, the Government has elected to submit a compact disc (CD) containing copies of the Comments with its submission of proposed exhibits. The Government has not supplied the
tribunal with a hard copy of the lengthy proposed exhibit (Gov’t Exh. 2 (ID)) which it represents
as containing the Comments. In view of the fact that Government’s request for leave for an
exception to the rules applicable to the rest of the Designated Participants was specifically
denied, this action is clearly not a mistake borne of misunderstanding or inadvertence, but an action taken in deliberate defiance of specific direction. Even among the numerous
extraordinary and puzzling actions taken thus far by the Government during the course of this
litigation, this disobedience of an unequivocal directive from the tribunal is unprecedented and
astonishing.

>Accordingly, Government’s Proposed Exhibit 2 (ID) has NOT BEEN TIMELY PROVIDED as noticed in its current format. Based on the Government’s deliberate failure to comply with the unequivocal and repeated directive of the tribunal, the issue of sanction is herein RESERVED for a determination to be made at such time during the hearing on the merits that the proposed exhibit is offered into the record.
>Dated: January 13, 2025...