EFTA00067105.pdf

From: To: Laura Mennin. er • Jeff Pagliuca Cc: '1 >, aff,IJSANrai > ) 4° Subject: RE: [EXTERNAL] Proposed Jury Questionnaires Date: Wed, 13 Oct 2021 01:35:59 +0000 Attachments: 2021.10.12 Joint_proposed_Maxwell_Trial_Length_Letters _v3.pdf Thanks, Laura. This works for us — we've just added a couple sentences noting our production yesterday to our section. I'll plan to file this at 10. Shanks From: Laura Menninger Sent: Tuesday, October 12, 2021 7:58 PM To: Pagliuca ‹ > Cc: ) (USANYS) Subject: RE: [EXTERNAL] Proposed Jury Questionnaires < >.H > ; Jeff Thanks. Here is our position for the joint letter. I'll leave to your discretion whether you want to keep the final paragraph of your position given it is redundant of the joint position. Also, I'm not clear why our report to you would be spelled out in your position rather than ours, so I moved it. Thanks — Laura From: Sent: Tuesday, October 12, 2021 5:46 PM To: Laura Menninger Cc: (USANYS) •t > Subject: RE: [EXTERNAL] Proposed Jury Questionnaires Hi Laura, That works for us. Attached is a revised letter with our position and space for the defense position. Thanks, Jeff Pagliuca From: Laura Menninger Sent: Tuesday, October 12, 2021 7:09 PM EFTA00067105 To: I < : I ; Jeff Pagliuca < > Cc: c >; >: (USANYS) Subject: RE: [EXTERNAL] Proposed Jury Questionnaires Hi I do think the Court should understand why we cannot provide a better estimate, in part because our client has been unable to view the exhibit and witness lists. If you want to break up the letter into Government's position and Defendant's position, we could do that. I think the Court will not be pleased with two different letters on the same topic. Thanks, Laura From: Sent: Tuesday, October 12, 2021 4:52 PM To: Laura Menninger Jeff Pagliuca < Cc: (USANYS) ;I S Subject: RE: [EXTERNAL) Proposed Jury Questionnaires Hi Laura, We don't understand the additions to this letter, which appear to be about the mechanics of yesterday's production. If you would like to file a separate letter about that, you're of course free to do so, but the Court has ordered us to provide a joint letter estimating the trial length. To the extent you'd like us to let the Court know that you are not able to provide an estimate until closer to trial or until you've had more opportunity to review the materials produced yesterday, we can include language along those lines. But we're not able to agree to a joint letter with language complaining about the drive delivery, which is not responsive to the Court's order. Please let us know whether you would agree to language along those lines or whether we should file separate letters. Thanks, From: Laura Menninger Sent: Tuesday, October 12, 2021 5:46 PM To: Pagliuca < => Cc: CM. >; (USANYS) ‹ > Subject: RE: [EXTERNAL] Proposed Jury Questionnaires ;1 >; ;Jeff We have not yet received it but will take you at your word that it should be delivered today. I've edited our portion of the letter accordingly. Thanks, EFTA00067106 Laura From: Sent: Tuesday, October 12, 2021 2:49 PM To: Laura Menninger > Cc: (USANYS) Jeff Pagliuca Subject: RE: [EXTERNAL] Proposed Jury Questionnaires Hi Laura, Yes, the tracking number is 774871155483. FedEx says it should arrive by the end of the day. Thanks, From: Laura Menninger Sent: Tuesday, October 12, 2021 4:02 PM To: Pagliuca Cc: ) < *; (USANYS)< > Subject: RE: [EXTERNAL] Proposed Jury Questionnaires < >;I > ;Jeff We have not yet received the drive. Do you have the tracking number? I understand that Chris and Bobbi received theirs by picking it up in person. -Laura From: Sent: Tuesday, October 12, 2021 1:54 PM To: Laura Menninger Cc: (USANYS) Jeff Pagliuca Subject: RE: [EXTERNAL] Proposed Jury Questionnaires Hi Laura, Yes, we sent out the drive last night using the overnight pre-paid FedEx label you gave us, addressed to Ann. Our understanding is that Bobbi and Chris also already have their drives. Thanks, From: Laura Menninger Sent: Tuesday, October 12, 2021 3:34 PM To: >; ;Jeff Pagliuca <= > Cc: ) `Me (USANYS) sc > Subject: RE: [EXTERNAL] Proposed Jury Questionnaires > EFTA00067107 Hi We did not receive our hard drive yet. Can you please confirm that it was mailed overnight for delivery today? Thanks, -Laura From: Sent: Tuesday, October 12, 2021 1:30 PM To: Laura Menninger Cc: (USANYS) Jeff Pagliuca Subject: RE: [EXTERNAL) Proposed Jury Questionnaires Hi Laura, Just following up on this email. We're planning to file the letter at 6 today, and if you have no further edits, we're going to add a footnote stating that we produced our witness list and exhibit list yesterday. Thanks, From: Sent: Monday, October 11, 2021 7:32 PM To: Laura Menninger Cc: < )'; (USANYS) Subject: RE: [EXTERNAL] Proposed Jury Questionnaires Hi Laura, > Jeff Pagliuca Thanks a lot. Since we are filing the trial length letter tomorrow, we wanted to see whether you have any additional edits to it. In particular, the letter says that the defense doesn't have our witness list or exhibits yet, although we have produced those since you redlined this letter. Also, is your team available at 6:15 on Wednesday to discuss motions in limine? Thanks, From: Laura Menninger Sent: Monday, October 11, 2021 3:00 PM To: (USANYS) Cc: >; Jeff Pagliuca Subject: RE: [EXTERNAL] Proposed Jury Questionnaires >; > Counsel — EFTA00067108 Attached are our revisions to the joint questionnaire, proposed voir dire and letter regarding length of trial. Thank you for filing the questionnaire and voir dire under seal as discussed. In response to your points, we do disagree with removing the language about the length of trial because we think the jury needs to know how long they may be required to sit when answering the other questions. We are generally ok with your proposal to give the specific people at the time of voir dire, and we will also ask the Court to inquire of the jurors whethe Please let us know if you disagree. Let us know if you have any other questions. Thanks, Laura Laura A. Menninger I Partner Haddon, Morgan & Foreman, P.C. (( l ice) From: (USANYS) Sent: Sunday, October 10, 2021 3:59 PM To: Cc: I c; ); < ; Laura Menninger >; Jeff Pagliuca Subject: RE: [EXTERNAL) Proposed Jury Questionnaires Counsel, Attached for your review are documents we propose filing with the Court tomorrow. Please note that we had to do some reformatting so that the questions would not be cut off. The text we agree on is in black. The text to which the Government objects is in green with specific objections in comment bubbles. The text to which we understand you object is in purple. We have added comment bubbles to explain the basis for our objections. You are welcome to do the same. There are a few places where we left edits in track changes (in particular, on pages 2, 7, and 9 of the questionnaire and page 5 of the voir dire) for your consideration. We propose cutting language regarding the length of trial in light of the joint letter we are filing Tuesday. If you don't agree, please let us know. As you will note, in our objections, we have proposed cutting questions in two places in the questionnaire about specific people. Instead, we propose that the jury be given a comprehensive list of people and places at the time of voir dire for a more comprehensive examination. Please let us know if you consent. Please send these back to us by 12 pm tomorrow so that we can resolve any formatting issues and get the document filed under seal. Thanks, From: BOBBI C STERNHEIM Sent: Saturday, October 9, 2021 6:00 PM To: (USANYS) EFTA00067109 Cc: ; Christian Everdell •ca Laura Menninger Jeff Pagliuca Subject: Re: [EXTERNAL] Proposed Jury Questionnaires Joint Proposed Jury Questionnaire and Voir Dire Questions attached. Regards- Bobbi Please note my new office address and preferred email address: BOBBI C. STERNHEIM, ESQ. Law Offices of Bobbi C. Sternheim New York, NY 10007 Main: Cell: Fax: This message and any attached documents contain information from the Law Offices of Bobbi C. Sternheim that may be confidential and/or privileged. If you are not the intended recipient, you may not read, copy, distribute, or use this information. If you have received this transmission in error, please notify the sender immediately by reply e-mail and then delete this message. Thank you. On Oct 9, 2021, at 5:15 PM, BOBBI C STERNHEIM wrote: The combined questionnaire and voir dire questions are being finalized and will be emailed shortly. Bobbi Please note my new office address and preferred email address: BOBBI C. STERNHEIM, ESQ. Law Offices of Bobbi C. Sternheim New York, NY 10007 Main: Cell: EFTA00067110 Fax: This message and any attached documents contain information from the Law Offices of Bobbi C. Sternheim that may be confidential and/or privileged. If you are not the intended recipient, you may not read, copy, distribute, or use this information. If you have received this transmission in error, please notify the sender immediately by reply e-mail and then delete this message. Thank you. On Oct 9, 2021, at 4:32 PM, (USANYS) wrote: Bobbi, We are following up on the redlines of the drafts of the questionnaire and voir dire we sent you. Thanks very much for putting those together. Can you let us know whether you will be sending that to us tonight? If not, we think it makes sense for you to seek an extension from the Court so that the parties can continue discussing this and making good faith efforts to narrow the scope of any disagreements. Thanks, From: ) < M> Sent: Friday, October 8, 2021 12:14 PM To: BOBBI C STERNHEIM Cc: Christian Everdell >; Subject: RE: [EXTERNAL] Proposed Jury Questionnaires Hi Bobbi, (USANYS) Laura Menninger Jeff Pagliuca Thanks for sending this. We can't follow the melding of these documents. Could you please send us a redline of the draft we sent you, and add any additional materials in track? Reviewing two documents without track changes is unworkable. Thanks, From: BOBBI C STERNHEIM < Sent: Friday, October 8, 2021 11:09 AM To: (USANYS) Cc: Christian Everdell c= > Subject: [EXTERNAL] Proposed Jury Questionnaires >; ) < Laura Menninger Jeff Pagliuca Good morning- The melding of our respective questionnaires has posed difficulties. For purposes of today's conferral, attached is your version of the questionnaire with slight edits in track change. Also attached is draft of our (far more robust) proposed questionnaire in Word (formatting to be corrected.) Our proposed questionnaire incorporates portions of your proposed voir dire, which would be redundant if covered by a written questionnaire. We are working on a more inclusive version of proposed voir dire questions for this afternoon's conferral. EFTA00067111 Bobbi Please note my new office address and preferred email address: BOBBI C. STERNHEIM, ESQ. Law Offices of Bobbi C. Sternheim New York, NY 10007 Main: Cell: Fax: This message and any attached documents contain information from the Law Offices of Bobbi C. Sternheim that may be confidential and/or privileged. If you are not the intended recipient, you may not read, copy, distribute, or use this information. If you have received this transmission in error, please notify the sender immediately by reply e-mail and then delete this message. Thank you. EFTA00067112