From:
To: Christian Everdell
>, BOBBI C STERNHEIM <
"Laura Menninger" Jeff Pagliuca
Cc:

Subject: RE: Redactions: Government motion in limine
Date: Fri, 29 Oct 2021 22:44:53 +0000
Attachments: 1. Motion_to_Preclude_the_Introduction_of_Alleged_Co-
Conspirator_Statements_[redacted].pdf;
1a. Ex._1_to_Motion_to_Preclude_the_Introduction_of_Alleged_Co-
Conspirator_Statements_[redacted].pdf;
2. Motion_to_Exclude_Evidence_Prsnt_to_Rule_404(b)_[redacted].pdf;
2a. Ex._A_to_Motion_to_Exclude_Evidence_Prsnt_to_Rule_404(b)_[redacted].pdf;
3. Motion_to_Exclude_Under_FRE_702_and_Daubert_[redacted].pdf;
3b. Ex._2_to_Motion_to_Exclude_Under_FRE_702_and_Daubert_[redacted].pdf;
4. Motion_to_Exclude_Accuser-3_Evidence_[redacted].pdf;
7. Motion_to_Exclude_Government Exhibit_52_[redacted].pdf;
8. Motion_to_Exclude_Items_Purportedly_Seized_During_Search_of_358_El_Brillo_Way_
[redacted].pdf; 9. Motion_to_Suppress_Identification_[redacted]_Final.pdf;
10. Motion_to_Preclude_Law_Enforcement_Witnesses_from_Offering_Expert Opinion_Te
stimony_[redacted].pdf;
13. Motion_to_Preclude_Introduction_of_Government_Exhibits_251, 288, 294,_313_and_
606_[redacted].pdf; Govt_Omnibus_Opp_[redacted]_Final.pdf;
!2021.10.27_Maxwell_Reply_ISO_Motns_In_Limine_[redacted]_Final.pdf

All,

For filing purposes, attached are redacted versions of the defendant's motions and exhibits, the government's omnibus opposition, and the defendant's omnibus reply. Below are our notes on which exhibits should be sealed. Please let us know if you would like to add any redactions or if you have any questions.

## Defense Motions

## Sealed

The following exhibits should be sealed

• Exhibit A to Motion 4 (grand jury testimony)

• Exhibit B to Motion 4 (grand jury testimony)

• Exhibit 1 to Motion 7 (contact book)

• Exhibit 2 to Motion 7 (deposition)

• Exhibit A to Motion 8 (inventory)

• Exhibit A to Motion 9 (photobook)

• Exhibit to Motion 13 (various exhibits)

## Redactions (attached)

■ Motion 1 and Exhibit 1 to Motion 1

• Motion 2 and Exhibit A to Motion 2

• Motion 3 and Exhibit 2 to Motion 3

• Motion 4

- Motion 7

•

• Motion 8

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• Motion 9

•

- Motion 10

•

- Motion 13

## No redactions

- We are not seeking redactions to defense opening briefs for defense motions 5, 6, 11, and 12.

• We are not seeking redactions to Exhibit 1 to Motion 3 (Government expert notice)

## Government Opposition

• We are not seeking to redact Government exhibits A and B (articles)

## Defense Reply

Sealed

The following exhibits should be sealed

• Exhibit A (tax documents)

• Exhibit B (302)

• Exhibit C (medical report)

• Exhibit D (transcript)

## No redactions

• We are not seeking redactions to defense Exhibit E (English indictment)

From:
Sent: Friday, October 29, 2021 6:21 PM
To: Christian Everdell < >; BOBBI C
STERNHEIM < >; Laura Menninger < >; Jeff Pagliuca

Cc:
Subject: RE: Redactions: Government motion in limine

Happy to jump on a call. We're almost finished with the materials we'll be sending you in a second wave, so why don't we get the first wave filed, and we'll send you the second set, and then we can get on the phone. Does that work?

From: Christian Everdell <
Sent: Friday, October 29, 2021 6:19 PM
To: >; BOBBI C
STERNHEIM >; Laura Menninger >; Jeff Pagliuca

Cc:
Subject: [EXTERNAL] RE: Redactions: Government motion in limine

Got it. We are filing the response now.

I was thinking through the joint cover letter and I think there are a few more logistics we have to discuss. Can you jump on a quick call?

From:
Sent: Friday, October 29, 2021 6:16 PM
To: Christian Everdell < >; BOBBI C
STERNHEIM ; Laura Menninger <| >; Jeff Pagliuca

Cc:

EFTA00026138

## No redactions (cont.)

Subject: RE: Redactions: Government motion in limine

Thanks for asking - yes, that's correct.

From: Christian Everdell <
Sent: Friday, October 29, 2021 6:06 PM
To: >; BOBBI C
STERNHEIM < >; Laura Menninger <| >; Jeff Pagliuca

Cc:
Subject: [EXTERNAL] RE: Redactions: Government motion in limine

Just so I am clear on sequencing, you are now waiting for us to file the redacted version of our response brief, correct?

From:
Sent: Friday, October 29, 2021 5:49 PM
To: Christian Everdell < >; BOBBI C
STERNHEIM < >; Laura Menninger < >; Jeff Pagliuca

Cc:

Subject: RE: Redactions: Government motion in limine

Thanks, Chris. We'll get this first group filed and then send you the next batch.

From: Christian Everdell <
Sent: Friday, October 29, 2021 5:42 PM
To: >; BOBBI C STERNHEIM >; Laura
Menninger < >; Jeff Pagliuca
Cc:

Subject: [EXTERNAL] RE: Redactions: Government motion in limine

## No redactions (cont.)



The redactions are consistent with what the government had proposed before. We do not have any redactions to add to these documents. But for the record, we object to all of the government's proposed redactions.

Please send me the next batch when you have them ready.

Thanks,

Chris

From:
Sent: Friday, October 29, 2021 4:55 PM
To: Christian Everdell < >; BOBBI C STERNHEIM < >; Laura Menninger
>; Jeff Pagliuca <|
Cc:

EFTA00026139

## No redactions (cont.)

Subject: Redactions: Government motion in limine

All,

Thanks for the call this afternoon, it was helpful to work through the mechanics of filing redactions this afternoon. As we discussed, we're sending you versions of the following documents, with redactions applied: (1) the Government's motion in limine, (2) the defendant's opposition, and (3) the Government's reply.

Please let us know if you would like us to add any redactions to these versions, and we'll get them filed. With respect to Exhibits:

• We are attaching a proposed redacted version of Government exhibit A.

• Only defense exhibits E and G can be filed publicly without redactions.

• All other defense exhibits to the defense opposition should be filed under seal.

Best,

Assistant United States Attorney
United States Attorney's Office
Southern District of New York
One St. Andrew's Plaza
New York, New York 10007

EFTA00026140