Document 102

Case 1:20-cr-00330-AJN Document 102 Filed 12/23/20 Page 1 of 1 COHEN & GRESSER LLP Mark S. Cohen Christian R. Everdell +1 (212) 957-7600 mcohen@cohengresser.com everdell@cohengresser.com 800 Third Avenue New York, NY 10022 +1 212 957 7600 phone www.cohengresser.com December 18, 2020 TO BE FILED UNDER SEAL VIA EMAIL (SUBMITTED PURSUANT TO SECTION 2(B) OF JUDGE NATHAN'S INDIVIDUAL PRACTICES IN CRIMINAL CASES) The Honorable Alison J. Nathan United States District Court Southern District of New York 40 Foley Square New York, New York 10007 Re: United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN) Dear Judge Nathan: On behalf of our client, Ghislaine Maxwell, and pursuant to the Court's order (Dkt. 89), we respectfully submit under seal two versions of the Reply Memorandum of Ghislaine Maxwell in Support of Her Renewed Motion for Bail (the "Reply") and accompanying exhibits: an unredacted original to be kept under seal and a version for public filing with proposed narrowly tailored redactions. The proposed redactions are based on the following: (1) privacy concerns, as articulated in our letters of November 25, 2020 (Dkt. 86) and November 30, 2020 (Dkt. 87); and (2) the Reply's reference to and discussion of Confidential Information, including financial documents and other materials, produced in discovery and governed by paragraph 15 of the Protective Order (Dkt. 36). Please contact us with any questions. Your consideration is greatly appreciated. Respectfully submitted, /s/ Christian R. Everdell Mark S. Cohen Christian R. Everdell COHEN & GRESSER LLP 800 Third Avenue, 21st Floor New York, New York 10022 (212) 957-7600 cc: All counsel of record (via email) DOJ-OGR-00002206 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 102 Filed 01/08/21 Page 1 of 2 COHEN & GRESSER LLP Christian R. Everdell +1 (212) 957-7600 ceverdell@cohengresser.com 800 Third Avenue New York, NY 10022 USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: DATE FILED: 1/11/21 January 8, 2021 BY ECF The Honorable Alison J. Nathan United States District Court Southern District of New York United States Courthouse 40 Foley Square New York, NY 10007 Re: United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN) Dear Judge Nathan: We write on behalf of our client, Ghislaine Maxwell, to respectfully request a 30-day extension of time under Rule 4(b)(4) of the Federal Rules of Appellate Procedure to file our notice of appeal of the Court's order denying Ms. Maxwell's renewed motion for bail. (Dkt. 104, 106). Rule 4(b)(4) provides that a district court may, upon a finding of "good cause," extend the time to file a notice of appeal "for a period not to exceed 30 days." Fed. R. App. P. 4(b)(4). In criminal cases, a defendant's notice of appeal must be filed "within 14 days after ... the entry of either the judgment or the order being appealed." Fed. R. App. P. 4(b)(1)(A)(i). The Court's order denying Ms. Maxwell's renewed motion for bail was entered on December 28, 2020. (Dkt. 104, 106). Accordingly, Ms. Maxwell's notice of appeal of that order must be filed on or before Monday, January 11, 2021. There is good cause for an extension here. Ms. Maxwell is considering whether to submit a third bail application to the Court, which would propose even more stringent and restrictive bail conditions than those proposed in the renewed bail application. The requested extension will give Ms. Maxwell the opportunity to research whether and to what extent these additional conditions are legally and practicably available, without forfeiting as untimely a possible appeal from the Court's December 28 Order denying the renewed bail application. The additional time is also warranted because it will enable the defense to continue its review of recently produced documents and to file our pretrial motions (each of which may bear on the merits of a possible third bail application); to research whether an appeal of the December 28 Order might deprive this Court of jurisdiction to address a third bail application; and because of logistical challenges posed by the continued effects of the pandemic. DOJ-OGR-00002261 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 102 Filed 01/08/21 Page 2 of 2 The Honorable Alison J. Nathan January 8, 2021 Page 2 A brief extension of the time to appeal would also promote judicial efficiency because a third bail application may moot the need to appeal from the December 28 Order (or, in the event the third application is denied, permit a consolidated appeal). Conversely, denying the extension will require Ms. Maxwell to file a notice of appeal on January 11, 2021, which may lead to unnecessary parallel proceedings in this Court and in the Court of Appeals. We have conferred with the government and it objects to the requested extension. For these reasons, we respectfully request that the Court grant a 30-day extension of time under Rule 4(b)(4) of the Federal Rules of Appellate Procedure to file our notice of appeal of the Court's order denying Ms. Maxwell's renewed motion for bail. (Dkt. 104, 106).1 SO ORDERED. Sincerely, /s/ Christian Everdell Christian R. Everdell COHEN & GRESSER LLP 800 Third Avenue, 21st Floor New York, New York 10022 (212) 957-7600 The request is denied. Good cause for an extension of time to file a notice of appeal has not been provided. SO ORDERED. 1/11/21 Alison J. Nathan United States District Judge cc: All Counsel of Record (By ECF) 1 In the event this motion is denied (or not granted by the close of business on January 11, 2021), Ms. Maxwell will file a notice of appeal to preserve her right to appeal the December 28, 2020 Order denying the renewed motion for bail (Dkt. 104, 106).