Email header information:

*   **To:** Jeff Pagliuca (jpagliuca@hmflaw.com)
*   **Cc:** Nicole Simmons (nsimmons@hmflaw.com), CEverdell@CohenGresser.com, mcohen@CohenGresser.com, Laura Menninger (lmenninger@hmflaw.com)
*   **From:** [Redacted]

Subject: RE: Letter regarding discovery attached.

Date: Wed, 12 Aug 2020 20:51:58 +0000

Attachments: 2020-08-12_letter_to_GM_counsel_re_discovery.pdf

Jeff,

Attached please find the Government’s response to your August 9, 2020 letter.

Best,
<empty>

<empty>
Assistant United States Attorney
Southern District of New York
1 St. Andrew’s Plaza
New York, NY 10007

<empty>

From: Jeff Pagliuca <jpagliuca@hmfaw.com>
Sent: Tuesday, August 11, 2020 11:45 PM
To: <empty> <<empty>>
Cc: <empty> <<empty>>; Nicole Simmons <nsimmons@hmfaw.com>; <empty>
<empty> <<empty>>; CEverdell@CohenGresser.com; mcohen@CohenGresser.com; Laura Menninger
<lmenninger@hmfaw.com>
Subject: Re: Letter regarding discovery attached.

I'm not sure I can wait for a decision until Thursday. I will discuss with my colleagues and attempt to confer with the Government by phone tomorrow. Absent any additional information from the government you are not leaving me with any realistic options and I will probably need to simply advise Judge Nathan that the government's position is forthcoming but because we learned about the information on Friday and the Circuit's tight schedule we could not wait any longer.

A phone call tomorrow would be appreciated.
Jeff

EFTA00022210

On Aug 11, 2020, at 9:07 PM, wrote:

## Jeff,

We are still considering your request, and we will reach out when we are prepared to provide you with our response, which will be no later than Thursday, August 13th.

Key information from the image:

*   Sender: Jeff Pagliuca (jpagliuca@hmflaw.com)
*   Date: Tuesday, August 11, 2020, 7:28 PM
*   CC recipients: Nicole Simmons (nsimmons@hmflaw.com), CEverdell@CohenGresser.com, mcohen@CohenGresser.com, Laura Menninger (lmenninger@hmflaw.com)
*   Subject: Re: Letter regarding discovery attached

Subject: Re: Letter regarding discovery attached.

Looks like our email is back up. As indicated in the gmail email I would like to discuss your position by phone tomorrow. I am available any time.

Jeff

On Aug 11, 2020, at 12:19 PM, <empty> < <empty> > wrote:

## Good afternoon,

We will provide you with our response by this Thursday, August 13th. We will, of course, send the response sooner if we are able.

- Closing: "Best," with sender name redacted.
- Sender title/office: Assistant United States Attorney, Southern District of New York
- Office address: 1 St. Andrew's Plaza, New York, NY 10007
- Email header:
  - From: redacted
  - Sent: Monday, August 10, 2020, 5:28 PM
  - To: multiple recipients (several redacted)
    - Visible recipient domains: @hmflaw.com; @CohenGresser.com
- Surrounding/context text (provided): "We will provide you with our response by this Thursday, August 13th. We will, of course, send the response sooner if we are able."

EFTA00022211

Cc: Laura Menninger <lmenninger@hmflaw.com>; Jeff Pagliuca <jpagliuca@hmflaw.com> Subject: RE: Letter regarding discovery attached.

Good afternoon,

We are in receipt of the email and letter. We will respond as soon as we are able.

Regards,
Alex.

Assistant U.S. Attorney
Southern District of New York
212.637.2415

From: Nicole Simmons <nsimmons@hmflaw.com>
Sent: Monday, August 10, 2020 16:18
To:
>; CEverdell@CohenGresser.com; mcohen@CohenGresser.com
Cc: Laura Menninger <lmenninger@hmflaw.com>; Jeff Pagliuca <jpagliuca@hmflaw.com>
Subject: FW: Letter regarding discovery attached.

Dear Counsel,

At the request of Jeffrey Pagliuca please see the attached letter. Our firm is currently experiencing technical issues with our email system. If you would please kindly confirm receipt of this email and the attachment it would be greatly appreciated.
Thank you,
Nicole

From: Jeff Pagliuca <jpagliuca@hmflaw.com> Sent: Sunday, August 09, 2020 4:56 PM



To:

Cc: Laura Menninger <lmenninger@hmflaw.com>; Christian Everdell <CEverdell@CohenGresser.com>; Mark S. Cohen <mcohen@CohenGresser.com>; Nicole Simmons <nsimmons@hmflaw.com> Subject: Letter regarding discovery attached.

Dear Counsel,

Please see attached conferral letter.

Jeff

Jeffrey S. Pagliuca
Haddon, Morgan and Foreman, P.C.
150 East 10th Avenue
<image001.jpg> Denver, Colorado 80203
Main 303.831.7364 FX 303.832.2628
jpagliuca@hmflaw.com
www.hmflaw.com

EFTA00022212

mation that is confidential or legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please notify the sender by telephone or return e-mail and delete the original transmission and its attachments without reading or saving it in any manner. Thank you

EFTA00022213