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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK In re: : Docket #20cv484 JANE DOE, : 1:20-cv-00484-JGK-DCF Plaintiff, : - against - : INDYKE, et al., : New York, New York August 5, 2020 Defendants. : ------------------------------------ : TELEPHONE CONFERENCE PROCEEDINGS BEFORE THE HONORABLE DEBRA C. FREEMAN, UNITED STATES MAGISTRATE JUDGE APPEARANCES: For the Plaintiff: PARISH SHEA & BOYLE, LLP BY: ROBERT GLASSMAN, ESQ. NATHAN WERKSMAN, ESQ. 11111 Santa Monica Blvd., Suite 700 Los Angeles, California 90025 For the Defendant - HADDON, MORGAN & FOREMAN, PC Ghislaine Maxwell: BY: LAURA MENNINGER, ESQ. 150 East Tenth Avenue Denver, Colorado 80203 For the Defendant - TROUTMAN PEPPER HAMILTON SANDERS LLP Co-Executors of the BY: MARY GRACE METCALFE, ESQ. Estate of Jeffrey E. BENNET MOSKOWITZ, ESQ. Epstein: 875 Third Avenue New York, New York 10022 Transcription Service: Carole Ludwig, Transcription Services 155 East Fourth Street #3C New York, New York 10009 Phone: (212) 420-0771 Email: Transcription420@aol.com Proceedings recorded by electronic sound recording; Transcript produced by transcription service. Case 1:20-cv-00484-JGK-DCF Document 64 Filed 08/12/20 Page 1 of 54 INDEX E X A M I N A T I O N S Re- Re- Witness Direct Cross Direct Cross Court None E X H I B I T S Exhibit Voir Number Description ID In Dire None 1 Case 1:20-cv-00484-JGK-DCF Document 64 Filed 08/12/20 Page 2 of 54 1 3 THE COURT: So this is Doe versus Indyke, 2 20cv484, and this is Judge Freeman, can I have your 3 appearances for the record starting with plaintiff. 4 MR. ROBERT GLASSMAN: Good morning, Your Honor, 5 this is Robert Glassman for the plaintiff. 6 MR. NATHAN WERKSMAN: Good morning, Your Honor, 7 Nathan Werksman for plaintiff. 8 THE COURT: I’m sorry, same firm? 9 MR. WERKSMAN: Yes. 10 THE COURT: Okay, I’m not seeing your name on 11 the docket, how do you spell your last name? 12 MR. WERKSMAN: W-E-R-K-S-M-A-N. 13 THE COURT: Okay, who do I have for defendant, 14 defendants? 15 MS. LAURA MENNINGER: Your Honor, Laura 16 Menninger here on behalf of the defendant, Ghislaine 17 Maxwell. 18 THE COURT: Okay. Do I have for the executor? 19 MS. MARY GRACE METCALFE: Your Honor, this is 20 Mary Grace Metcalfe of Troutman Pepper on behalf of 21 the co-executors. I know that Mr. Moskowitz is 22 planning on joining us, he lost power and internet 23 during the storm last night and is driving to a place 24 where he can get internet and reception. So if it’s 25 Case 1:20-cv-00484-JGK-DCF Document 64 Filed 08/12/20 Page 3 of 54 1 4 all right with everyone if we could wait just a couple 2 of minutes for him to join. 3 THE COURT: That’s fine, I just got off a 4 conference call where out of four lawyers two had no 5 power, no internet, no landline service and they were 6 both out on the street using cell phones trying to 7 call in and saying we have no access to our files, we 8 have no access to anything. That’s usually someone 9 dropping off, that beep, so let me make sure I still 10 have the people I’ve already identified. I have Mr. 11 Glassman? 12 MR. GLASSMAN: Yes. 13 THE COURT: Mr. Werksman? 14 MR. WERKSMAN: Here. 15 THE COURT: Okay, Ms. Metcalfe? 16 MS. METCALFE: I’m here. 17 THE COURT: Okay, and I had counsel for Ms. 18 Maxwell, Ms. Menninger? 19 MS. MENNINGER: Yes, I’m here, Your Honor. 20 THE COURT: Okay, I can’t actually say who did 21 we lose. All right, who just joined? 22 MR. BENNET MOSKOWITZ: Hi, this is Bennet 23 Moskowitz at Troutman Sanders, can Your Honor hear me? 24 THE COURT: I can, I understand you’ve had a 25 Case 1:20-cv-00484-JGK-DCF Document 64 Filed 08/12/20 Page 4 of 54 1 5 power outage problem? 2 MR. MOSKOWITZ: Yes, I actually was already on 3 the call listening to everyone (indiscernible), I 4 apologize, my reception is terrible but what was 5 described is correct, I have, we got hit pretty hard 6 by this storm and I’ve been driving along what seems 7 like the entire Eastern Seaboard to find a place with 8 consistent cell phone reception. 9 THE COURT: Great, okay, we’re having fun 10 trying to have these conferences today in the 11 aftermath of the storm. So I have others who are 12 apparently on the call based on the number of 13 participants that were identified when I joined. Is 14 there anyone else representing a party to the case? 15 No. Is there anyone on the call who is an attorney in 16 one of the other cases involving the Epstein estate? 17 Okay. Do I have my law clerk, Hanna Martin? 18 THE CLERK: Yes, Judge, I’m here. 19 THE COURT: Okay, anyone else from my 20 chambers? All right, so who else do I have on this 21 call, if you could just let me know who’s on, I’d 22 appreciate that, do I have any members of the press? 23 FEMALE VOICE: Yes, this is Emily 24 (indiscernible) -- 25 Case 1:20-cv-00484-JGK-DCF Document 64 Filed 08/12/20 Page 5 of 54 1 6 THE COURT: I’m sorry, you’re cutting out. 2 FEMALE VOICE: I apologize, Your Honor, I was 3 simply identifying myself, this is Emily 4 (indiscernible) I am a member of the media and I am on 5 the call. 6 THE COURT: Okay, all right, is there anyone 7 else, I don’t actually need all the specific 8 identifications, members of the press, I’ll just ask 9 you to mute your phones. Is there anyone else who does 10 not fit one of those categories as in a lawyer for the 11 parties, a lawyer for or a representative of a party 12 in another case, someone from my chambers or a member 13 of the press, or is that everybody? Okay, I’m not 14 hearing anything so I’m assuming that’s who we’ve got 15 on this call. That’s all fine. You know, if Mr. 16 Moskowitz is an important person to have on the call 17 and if we lose him or if his service is not adequate, 18 we can adjourn the call in order to be able to have 19 everybody to be able to participate. We really didn’t 20 need a pandemic followed by a hurricane to give us two 21 separate problems, but the reason that I wanted to 22 have the call, aside from the fact that I seem still 23 to have the discovery dispute about the damages 24 computation, I had gotten this proposed scheduling 25 Case 1:20-cv-00484-JGK-DCF Document 64 Filed 08/12/20 Page 6 of 54 1 7 order sent to me late July by Mr. Moskowitz, and it 2 didn’t indicate that it was jointly submitted. Oh, 3 actually, I guess it did, it said it was on behalf of 4 all parties. But the proposed scheduling order 5 included discovery from defendant Maxwell and I just 6 wanted to have counsel for Ms. Maxwell to have a 7 chance to address the extent to which she’s currently 8 comfortable participating in discovery in the case 9 given that there has now been an indictment returned, 10 and just to make sure we’re all clear on that issue 11 involving her active participation in the case. So 12 those were the two issues, that and then the discovery 13 issue involving the computation of damages that I had 14 on my agenda. Does anybody have anything else on your 15 agendas for me? 16 MR. GLASSMAN: Your Honor, this is Robert 17 Glassman, we still would like to discuss or I should 18 say I would still l