EFTA00605165.pdf

CIIISeeliTh(01$00016-1tai< ClatatilifffIglfi ilerrliSdar464511geffigP21 of 2 Michael C. /afar 212 508 3955 romtkeastera eon Steptoe ......... 1114 Avenue of the Americas New Yorks NY 10038 212 506 3900 main wevateroloo USDC SDNY DOCUMENT ELECTRONICALLY FILED DOCH DATE FILED. 10.4-ri October 4, 2017 VIA ECF Hon. John O. 'Coal United States District Court United States Courthouse 500 Pearl Street New York, NY 10007.1312 Re: Jane Doe 43 v. Jeffrey Epstein, et al. Civil Action No. 17-cv-616 Dear Judge Koeltl: We are counsel for Defendants Jeffit ji b.E stein and In the above-referenced matter. We write jointly with Defendant (toge”ifendants") to request an adjournment of the conference schedul or cto er 10, 2017. This is our first request for adjournment of this conference. As Your Honor may recall, the Court issued an Order on July 17, 2017 concerning the Ili on and documents Plaintiff produced as a non-party witness in an action captioned v. Mayen, 15 Civ. 7433 (RWS), pending before Judge Robert Sweet ("July 17 Order" and "Jane Doe Evidence", respectively). Pursuant to the July 17 Order, we have sought consent from Plaintiff's counsel to use the Jane Doe Evidence, but with only limited success. Specifically, on July 24, I spoke with Plaintiff's counsel Brad Edwards concerning the Jane Doe Evidence. I informed Mr. Edwards that we would like to make an application to Judge Sweet for relief from the Protective Order as it applies to the Jane Doe Evidence. On August 8, I wrote to Mr. Edwards reiterating our request. On August 10, Mr. Edwards informed me that he would consent to the use of Plaintiff's deposition she gave in the .l ematter, but that he would need an itemized list of the documents we want to use, even thou documents totaled only 557 pages. On August 17, I wrote to Mr. Edwards reiterating our belief that all of the Jane Doe Evidence is relevant to the Motions to Dismiss, but that I would nonetheless provide him with a list of the documents. On September I, T wrote to Mr. Edwards and reiterated that we want to use all of the Jane Doe Evidence and provided him with copies of the documents that we want to use. We also detailed the reasons as to why the documents are relevant to the ojawl_Adeo rd vdeavesoerri OCI0054 If / /71- 10:3,0A.A. i011 $ 0 of 0 &VCI 664a t/ S 9 EFTA00605165  CCIatee.11317/-4MfroOtkla.lical< DWPtiPiini6PileElilitSi019196/113gePiae22 of 2 Hon. John G. Kocltl Steptoe llieeot • Arivalt; October 4, 2017 Page 2 Defendants' contemplated Motions to Dismiss. On September 18, Plaintiff's counsel (whose response was delayed due to hurricane damages in Florida) agreed to allow Defendants to use Plaintiff's deposition and only sonic of the documents she produced, but Plaintiff would not, however, consent to the use of all of the Jane Doe Evidence. On October 3, 2017, we submitted a letter motion to Judge Sweet seeking permission to file under seal a motion to modify the Protective Order entered in the Giuffre matter before him. On October 4, 2017, Judge Sweet granted the letter motion to file under seal. As a result, we will be filing tomorrow the motion seeking a modification of the Protective Order so as to permit the use of all of the Jane Doe Evidence to support Defendants' contemplated Motions to Dismiss ("Motion to Modify').' In view of the above, we believe that it would make sense to adjourn the conference Your Honor scheduled for October 10, 2017 pending a decision by Judge Sweet on the Motion to Modify. Once Judge Swett issues his ruling, Defendants will submit their Motions to Dismiss within seven days of the ruling as provided for in the July 17 Order. Even if the Court were not inclined to adjourn the conference pending Judge Sweet's ruling, Defendants request that the conference be scheduled for a date other than October 10. Counsel for both sets of Defendants have scheduling conflicts on that date. Plaintiff has not agreed to an adjournment. Respectfully submitted, vitedliCt_ Michael C. Miller Counselfor lindifisieftiey Epstein and I Once the motion to modify the Protective Order is submitted to Judge Sweet, we will provide Your Honor with a courtesy copy. EFTA00605166