Case 1:20-cv-00833-PAE Document 52 (Ex Parte) Filed 04/28/21 Page 1 of 2 U.S. Department of Justice United States Attorney Southern District of New York 86 Chambers Street New York, New York 10007 April 28, 2021 Submitted Ex Pane and Under Seal By ECF The Honorable Paul A. Engelmayer United States District Judge Southern District of New York 40 Foley Square New York, NY 10007 Re: The New York Times Co. v. Federal Bureau of Prisons, 20 Civ. 833 (PAE) Dear Judge Engelmayer: This Office represents defendant the Federal Bureau of Prisons ("BOP") in this Freedom of Information Act ("FOR"), 5 U.S.C. § 552, action brought by plaintiff the New York Times Company (the "Times") seeking the release of certain records related to Jeffrey Epstein. I write respectfully to update the Court on the status of United States v. Noel, I 9-cr-830 (AT), and to explain the basis for the Government's request, submitted contemporaneously by public letter motion, to extend the deadlines for the parties to submit a proposed schedule for the production of remaining documents and for the Government to produce remaining documents. Today, this Office preliminarily approved and submitted to Pretrial Services for its review deferred prosecution agreements covering both of the defendants in Noel. Before the agreements can be finalized, Pretrial Services must accept the defendants for supervision pursuant to the proposed agreements and conduct a Pretrial Services investigation in advance of doing so. Pretrial Services has indicated that this process will be completed within forty-five days, although this Office is seeking to expedite Pretrial Services's review. Following Pretrial Services's review, the defendants must review and accept the final agreements. In the event Pretrial Services is able to expedite its review, the Government estimates that approximately one month remains before any final deferred prosecution agreements could be submitted to Judge Torres and publ