Document 43

Case 1:19-cr-00490-RMB Document 43 Filed 08/06/19 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA ) USA / Plaintiff(s) ) ) ) Case No. 19CR490 v. ) ) JEFFREY EPSTEIN ) Defendant(s) ) ) ) ) NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE held on 7/31/19 has been filed by the court reporter/transcriber in the above-captioned matter. Redaction responsibilities apply to the attorneys of record or pro se parties, even if the person requesting the transcript is a judge or a member of the public or media. The parties have seven (7) calendar days from the date of filing of this NOTICE to file with the court any NOTICE OF INTENT TO REQUEST REDACTION of this transcript. A copy of said NOTICE must also be served on the court reporter. If no such NOTICE is filed, the transcript may be made remotely electronically available to the public without redaction after ninety (90) calendar days. This process may only be used to redact the following personal data identifiers: Social Security numbers; dates of birth; minors' names; and financial account numbers. See Federal Rule of Civil Procedure 5.2, and Federal Rule of Criminal Procedure 49.1. Parties wishing to request redaction of other information may proceed by motion. I (we) certify that the foregoing is a correct transcript from the record of proceedings in the above-entitled matter. /s KRISTEN CARANNATE Court Reporter/Transcriber Date DOJ-OGR-00000622 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 43 Filed 08/17/20 Page 1 of 1 Haddon, Morgan and Foreman, P.C Jeffrey Pagliuca 150 East 10th Avenue Denver, Colorado 80203 PH 303.831.7364 Fx 303.832.2628 www.hmflaw.com jpagliuca@hmflaw.com August 17, 2020 VIA ECF The Honorable Alison J. Nathan United States District Court Southern District of New York 40 Foley Square New York, NY 10007 Re: Request for Permission to Submit Letter Motion in Excess of Three Pages United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN) Dear Judge Nathan, Pursuant to your Revised Individual Practices in Criminal Cases, specifically Practice 2.B, we request permission to exceed the three-page limitation and submit contemporaneously to chambers the letter motion ("motion,") under seal, which is eight pages, exclusive of the attachments. We felt that a substantial amount of background and factual information was necessary to place the relief requested in the motion into context. Counsel for Ms. Maxwell spent considerable time editing the motion to eliminate extraneous information and present the motion as succinctly as possible. Respectfully Submitted, Jeffrey S. Pagliuca CC: Counsel of Record (via ECF) DOJ-OGR-00001729 --- PAGE BREAK --- Case 20-3061, Document 43, 09/16/2020, 2932466, Page1 of 2 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT At a Stated Term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 16th day of September, two thousand twenty, Virginia L. Giuffre, Plaintiff - Appellee, v. Ghislaine Maxwell, Defendant - Appellant, Sharon Churcher, Jeffrey Epstein, Respondents, Julie Brown, Miami Herald Media Company, Alan M. Dershowitz, Michael Cernovich, DBA Cernovich Media, Intervenors. United States of America, Appellee, v. Ghislaine Maxwell, AKA Sealed Defendant 1, Defendant - Appellant. ORDER Docket No. 20-2413 Docket No. 20-3061 On September 10, 2020, Appellant filed a motion for consolidation of the appeal docketed under 20-2413 with the appeal docketed under 20-3061. It is hereby ORDERED that DOJ-OGR-00019390 --- PAGE BREAK --- Case 22-1426, Document 43, 01/16/2023, 3452785, Page1 of 4 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Thurgood Marshall U.S. Courthouse 40 Foley Square, New York, NY 10007 Telephone: 212-857-8500 MOTION INFORMATION STATEMENT Docket Number(s): 22-1426 Caption [use short title] Motion for: Oversized Brief U.S.A. v. Ghislaine Maxwell Set forth below precise, complete statement of relief sought: Appellant requests that the Court grant her permission to file an oversized brief. Specifically, Appellant requests permission to file a brief containing no more than 20,000 words. Appellant makes this request so that her attorneys can fully brief the issues they intend to raise on appeal. MOVING PARTY: Ghislaine Maxwell OPPOSING PARTY: United States of America MOVING ATTORNEY: John M. Leventhal OPPOSING ATTORNEY: Lara Pomerantz Aidala, Bertuna & Kamins, PC United States Attorney's Office for the Southern District of NY 546 Fifth Avenue, New York, New York 10036 One St. Andrews Plaza judgeleventhal@aidalalaw.com 212-486-0011 212-637-2343 Lara.Pomerantz@usdoj.gov Court- Judge/ Agency appealed from: Please check appropriate boxes: Has movant notified opposing counsel (required by Local Rule 27.1): Yes No (explain): Opposing counsel's position on motion: Unopposed Opposed Don't Know Does opposing counsel intend to file a response: Yes No Don't Know Is oral argument on motion requested? Yes No (requests for oral argument will not necessarily be granted) Has argument date of appeal been set? Yes No If yes, enter date: FOR EMERGENCY MOTIONS, MOTIONS FOR STAYS AND INJUNCTIONS PENDING APPEAL: Has this request for relief been made below? Yes No Has this relief been previously sought in this court? Yes No Requested return date and explanation of emergency: As soon as possible, unless this Court grants our pending motion for an extension of time to file Appellant's brief. If the Court grants our motion for an extension of time to file our brief, then Appellant requests a return date of January 30, 2023. Signature of Moving Attorney: John M. Leventhal Date: January 16, 2023 Service by: CM/ECF Other [Attach proof of service] Form T-1080 (rev.12-13) DOJ-OGR-00020606 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 43 Filed 09/14/20 Page 1 of 1 The Law Offices of MONTELL F Figgins 17 Academy Street, Suite 305 Newark, New Jersey 07102 Phone: (973) 242-4700 Fax: (973) 242-4701 www.figginslaw.com BRANCH OFFICES: 140 East Ridgewood Avenue Paramus, NJ 07640 30 Wall Street 8th Floor New York, NY 1005 Reply to Newark Office [X] Of Counsel Douglas Mitchell, Esq. Linda Childs, Esq. September 14, 2020 SENT VIA ECF Honorable Analisa Torres U.S. Southern District of NY 500 Pearl Street New York, NY 10007 Re: USA v Michael Thomas, et al. Docket No.: 1:19-cr-00830 Request for Emergency Out of State Travel Your Honor, This firm represents Defendant, Michael Thomas, in the above-captioned matter. We are seeking the courts permission for Michael Thomas to take an emergency trip to the State of Georgia to tend to his sick father. Kristen McKeown, his pre-trial services officer, does not oppose his emergency travel. Respectfully yours, /s/ Montell Figgins Montell Figgins, Esq. Attorney for Defendant Michael Thomas cc: Nicolas Roos, Esq., Counsel for Plaintiff Rebekah Donaleski, Esq., Counsel for Plaintiff Jessica Lonergan, Esq., Counsel for Plaintiff Jason Erroy Foy, Esq. Counsel for Defendant Noel GRANTED. SO ORDERED. Dated: September 14, 2020 New York, New York ANALISA TORRES United States District Judge --- PAGE BREAK --- Case 20-3061, Document 43, 09/16/2020, 2932466, Page2 of 2 oral argument on this motion in 20-3061 will be heard on Tuesday, October 13, 2020 at 2:00 pm after argument in 20-2413. It is further ORDERED that the parties' briefs for Docket No. 20-3061 shall be filed in accordance with the following schedule: Appellant's opening brief is due September 24, 2020; Appellee's response brief is due October 2, 2020; Appellant's reply brief, if any, is due October 8, 2020. For The Court: Catherine O'Hagan Wolfe, Clerk of Court Catherine O'Hagan Wolfe UNITED STATES COURT OF APPEALS SECOND CIRCUIT --- PAGE BREAK --- Case 22-1426, Document 43, 01/16/2023, 3452785, Page2 of 4 UNITED STATES COURT OF APPEALS SECOND CIRCUIT UNITED STATES OF AMERICA, ---------------------X Appellee, - against - GHISLAINE MAXWELL, Defendant-Appellant. ---------------------X Docket No.: 22-1426 AFFIRMATION IN SUPPORT OF DEFENDANT- APPELLANT'S MOTION TO FILE AN OVERSIZED BRIEF JOHN M. LEVENTHAL, an attorney duly admitted to practice law in the State of New York and a partner of the law firm of AIDALA, BERTUNA & KAMINS PC., attorneys for Defendant-Appellant, GHISLAINE MAXWELL, hereby affirms the following statements, under penalties of perjury: 1. That I am a partner at the law firm of AIDALA, BERTUNA & KAMINS P.C., attorneys for Defendant-Appellant, Ghislaine Maxwell (hereinafter "Appellant"), and as such, am fully familiar with the facts and circumstances of this action. 3. On July 15, 2022, I filed a Notice of Appearance in this matter. 4. On July 28, 2022, I filed a scheduling request asking that Appellant's brief be due on January 30, 2023, based on the size of the record. 5. On January 12, 2023, I filed a motion to extend time to file Appellant's brief to February 28, 2023, to which Appellee United States Attorney's Office for the Southern District of New York had no objection. This motion is still pending. 6. Pursuant to Local Rule 32.1(a)(4), Appellant's principal brief must be no longer than 14,000 words. 7. Pursuant to Local Rule 27.1(e)(2), a party seeking to file an oversized brief must state the requested length and the reasons for exceeding this Court's limitations. 1 DOJ-OGR-00020607 --- PAGE BREAK --- Case 22-1426, Document 43, 01/16/2023, 3452785, Page3 of 4 8. We request that the Court permit us to file a brief of no more than 20,000 words for the following reasons. 9. We plan to raise issues concerning evidentiary rulings by the trial court that we believe were erroneous. The rulings at issue require a detailed discussion of the evidence. The transcript is over 3000 pages and contains the allegations of multiple complainants. The legal issues cannot be raised by reference to a few discrete pages of the transcript; rather they go to cumulative prejudice resulting from the trial court's erroneous application of the Federal Rules of Evidence to the case. 10. In addition, we plan to raise issues pertaining to juror misconduct. This issue involves an exposition of facts and legal analysis pertaining to a juror questionnaire, voir dire, and a post-verdict hearing. It is, in itself, its own mini-trial. 11. We also intend to raise issues pertaining to a non-prosecution agreement; certain instructions to the jury; and sentencing. 12. A motion to file an oversized brief must be made no less than 14 days before the brief is due. Local Rule 27.1(e)3. Thus, we make this motion now, although our motion to extend time to file our brief is pending. 13. We have notified Appellee United States Attorney's Office for the Southern District of New York today, by email to Assistant United States Attorneys Andrew Rohrbach, Lara Pomerantz, Alison Moe, and Maureen Comey, that we are making this motion and have asked their position and if they intend to file a response. We have not received a reply as of the time of filing. 14. For the reasons stated, we respectfully request that the Court permit us to file a principal brief of no more than 20,000 words and would consent to Appellee filing a brief of 2 DOJ-OGR-00020608 --- PAGE BREAK --- Case 22-1426, Document 43, 01/16/2023, 3452785, Page4 of 4 the same length. WHEREFORE, it is respectfully requested that this Court issue an Order granting Appellant's motion in its entirety, and for such other and further relief as this Court deems just and proper. Dated: January 16, 2023 New York, New York Respectfully Submitted, AIDALA, BERTUNA & KAMINS, PC By: JOHN M. LEVENTHAL, ESQ. Attorney for Defendant-Appellant 546 5th Avenue, 6th Floor New York, New York 10036 DOJ-OGR-00020609