Case 1:19-cv-08673-KPF-DCF Document 42 KAPLAN HECKER & FINK LLP Filed 01/10/20 350 FIFTH AVENUE Page 1 of 3 SUITE 7110 NEW YORK, NEW YORK 10118 TEL (212) 763-0883 I FAX (212) 569-0883 WWW.KAPLANHECKER.COM DIRECT DIAL 212.763.0889 DIRECT EMAIL [email protected] January 10, 2020 VIA ECF The Honorable Debra Freeman United States District Court Southern District of New York Daniel Moynihan Courthouse Street 500 Pearl New York, NY 10007 Re: Doe v. Indyke et al., No. 19-cv-8673-KPF (S.D.N.Y.) Dear Judge Freeman: We represent PlaintiffJane Doe in the above-captioned action. As Your Honor requested on November 21, 2019, we write to provide an update on the status of this matter with respect to settlement discussions, motion practice, and discovery. We are pleased to report that progress has been made in all of these areas. Although Defendants have continued to decline to participate in meaningful discussions about the Victim's Compensation Program ("the Program"), Plaintiff has engaged in discussions about the Program with the selected program administrators.' After a conference with the parties on December 11, 2019, Judge Failla set a short briefing schedule for Defendants' contemplated motion to dismiss, which is limited to the issue of the availability of punitive damages. Judge Failla has further ordered that discovery should proceed while Defendants' motion concerning punitive damages is pending.2 (Doc. No. 39.) Accordingly, Plaintiff and Defendants have agreed to a proposed discovery schedule, attached as Exhibit A, which we respectfully request that this Court enter in this case. I. Status of Settlement Discussions As Your Honor is aware, Defendants are in the process of establishing a Victim's Compensation Program ("the Program"), which they purport will allow Plaintiff and other I As the Court is aware, the Estate unilaterally selected three administrators for the proposed settlement program: Kenneth R. Feinberg, Camille S. Biros, and Jordana H