Document 50

Case 1:19-cr-00490-RMB Document 50 Filed 08/26/19 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA, Government, - against - JEFFREY EPSTEIN, Defendant. 19 CR. 490 (RMB) ORDER The hearing scheduled for Tuesday, August 27, 2019 at 10:30 a.m. will be held in Courtroom 110 of the Thurgood Marshall United States Courthouse located at 40 Foley Square. Dated: New York, New York August 26, 2019 Richard M. Berman RICHARD M. BERMAN, U.S.D.J. DOJ-OGR-00000632 --- PAGE BREAK --- Case 21-58, Document 50, 04/05/2021, 3070287, Page1 of 2 United States Court of Appeals for the Second Circuit Thurgood Marshall U.S. Courthouse 40 Foley Square New York, NY 10007 DEBRA ANN LIVINGSTON CHIEF JUDGE CATHERINE O'HAGAN WOLFE CLERK OF COURT Date: April 05, 2021 Docket #: 21-58 Short Title: United States of America v. Maxwell DC Docket #: 1:20-cr-330-1 DC Court: SDNY (NEW YORK CITY) DC Docket #: 1:20-cr-330-1 DC Court: SDNY (NEW YORK CITY) DC Judge: Nathan NOTICE OF DEFECTIVE FILING On April 05, 2021 the Notice of Appearance as Additional Counsel, on behalf of the Appellee United States of America, was submitted in the above referenced case. The document does not comply with the FRAP or the Court's Local Rules for the following reason(s): Failure to submit acknowledgment and notice of appearance (Local Rule 12.3) Failure to file the Record on Appeal (FRAP 10, FRAP 11) Missing motion information statement (T-1080 - Local Rule 27.1) Missing supporting papers for motion (e.g., affidavit/affirmation/declaration) (FRAP 27) Insufficient number of copies (Local Rules: 21.1, 27.1, 30.1, 31.1) Improper proof of service (FRAP 25) Missing proof of service Served to an incorrect address Incomplete service (Anders v. California 386 U.S. 738 (1967)) Failure to submit document in digital format (Local Rule 25.1) Not Text-Searchable (Local Rule 25.1, Local Rules 25.2), click here for instructions on how to make PDFs text searchable Failure to file appendix on CD-ROM (Local Rule 25.1, Local Rules 25.2) Failure to file special appendix (Local Rule 32.1) Defective cover (FRAP 32) Incorrect caption (FRAP 32) Wrong color cover (FRAP 32) Docket number font too small (Local Rule 32.1) Incorrect pagination, click here for instructions on how to paginate PDFs (Local Rule 32.1) Incorrect font (FRAP 32) DOJ-OGR-00020228 --- PAGE BREAK --- Case 22-1426, Document 50, 02/14/2023, 3469305, Page1 of 4 UNITED STATES COURT OF APPEALS SECOND CIRCUIT UNITED STATES OF AMERICA, Appellee, - against - GHISLAINE MAXWELL, Defendant-Appellant. 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. 2. On July 15, 2022, I filed a Notice of Appearance in this matter. 3. 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. 4. On January 12, 2023, I filed a motion to extend time to file Appellant's brief from January 30, 2023, to February 28, 2023, to which Appellee United States Attorney's Office for the Southern District of New York had no objection. 5. On January 16, 2023, the motion to extend time was still pending. 6. Because 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), pursuant to Local Rule 27.1(e)(2), I filed a 1 DOJ-OGR-00020612 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 50 Filed 04/15/21 Page 1 of 1 U.S. Department of Justice United States Attorney Southern District of New York The Silvio J. Mollo Building One Saint Andrew's Plaza New York, New York 10007 April 15, 2021 BY ECF The Honorable Analisa Torres United States District Judge Southern District of New York 500 Pearl Street New York, New York 10007 Re: United States v. Noel and Thomas, 19 Cr. 830 (AT) Dear Judge Torres: The Government submits this letter pursuant to the Court's order dated March 3, 2021 (Dkt. No. 46). The Government has conferred with counsel for defendants Tova Noel and Michael Thomas regarding the parties' availability for trial. In the third quarter of 2021, counsel for Noel is available for trial beginning on September 27, 2021, and counsel for Thomas is available for trial from August 16-27 and after September 15, 2021. The Government is available for trial at the Court's convenience. The Government respectfully requests, with the consent of the defendants, through counsel, that time under the Speedy Trial Act be excluded up to the new trial date. Respectfully submitted, AUDREY STRAUSS United States Attorney By: /s/ Jessica Lonergan Nicolas Roos Assistant United States Attorneys (212) 637-1038/-2421 Cc: Defense Counsel DOJ-OGR-00022119 --- PAGE BREAK --- Case 21-58, Document 50, 04/05/2021, 3070287, Page2 of 2 Oversized filing (FRAP 27 (motion), FRAP 32 (brief)) Missing Amicus Curiae filing or motion (Local Rule 29.1) Untimely filing Incorrect Filing Event X Other: IF COUNSEL WISHES TO BE ADDED TO BOTH CASES, YOU MUST LIST BOTH DOCKET NUMBERS ON THE FORM 21-58 - L AND 21-770 CON. Please cure the defect and resubmit the document, with the required copies if necessary, no later than April 07, 2021. The resubmitted documents, if compliant with FRAP and the Local Rules, will be deemed timely filed. Failure to cure the defect by the date set forth above will result in the document being stricken. An appellant's failure to cure a defective filing may result in the dismissal of the appeal. Inquiries regarding this case may be directed to 212-857-8577. DOJ-OGR-00020229 --- PAGE BREAK --- Case 22-1426, Document 50, 02/14/2023, 3469305, Page2 of 4 motion to file an oversized brief in which we estimated that we would need permission to file a brief of no more than 20,000 words to fully brief the issues for appeal. 7. On January 17, 2023, the Court granted our motion for an enlargement of time to file Appellant's brief. 8. On January 18, 2023, the Court granted our request to file a brief of no more than 20,000 words. 9. We have completed a draft of our brief and are now in a more definite position to request from the Court an additional 15,000 words so that we be permitted to file a brief of no more than 35,000 words. 10. Our brief contains five points. These points raise issues pertaining to statute of limitations; a non-prosecution agreement; juror misconduct and a post-verdict hearing; and sentence. Some of these issues involve detailed analysis of case law, statutory interpretation and legislative history, while others involve an explication of the evidence and procedural posture relevant to the issues raised. In an effort to shorten our brief, we have already omitted what was a lengthy summary of the evidence at trial in favor of marshalling only the evidence essential to an analysis of the issues being raised. 11. 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. 12. For the reasons stated, we respectfully request that the Court permit us to file a principal brief of no more than 35,000 words and would consent to Appellee filing a brief of --- PAGE BREAK --- Case 22-1426, Document 50, 02/14/2023, 3469305, Page3 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: February 14, 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 3 DOJ-OGR-00020614 --- PAGE BREAK --- Case 22-1426, Document 50, 02/14/2023, 3469305, Page4 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 Plaintiff Defendant Appellant/Petitioner Appellee/Respondent MOVING ATTORNEY: John M. Leventhal OPPOSING ATTORNEY: Lara Pomerantz Aidala, Bertuna & Kamins, P.C. United States Attorney's Office for the Southern District of NY 546 Fifth Avenue, 6th Floor, New York, NY 10036 One St. Andrews Plaza 212-486-0011judgeleventhal@aidalalaw.com 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. Signature of Moving Attorney: Date: 2/14/23 Service by: CM/ECF Other [Attach proof of service] Form T-1080 (rev.12-13) DOJ-OGR-00020615