Case 1:19-cv-08673-KPF-DCF Document 45 KAPLAN HECKER & FINK LLP Filed 01/15/20 350 FIFTH AVENUE Page 1 of 3 I SUITE 7110 NEW YORK, NEW YORK 10118 TEL (212) 763-0883 I FAX (212) 564-0883 WWW.KAPLANHECKER.COM DIRECT DIAL 212.763.0884 DIRECT EMAIL [email protected] January 15, 2020 VIA ECF The Honorable Katherine Polk Failla United States District Court Southern District of New York Thurgood Marshall United States Courthouse 40 Foley Square New York, NY 10007 The Honorable Debra Freeman United States District Court Southern District of New York Daniel Moynihan Courthouse 500 Pearl Street New York, NY 10007 Re: Doe v. Indyke et at, No. 19-cv-8673-KPF (S.D.N.Y.) Dear Judges Failla and Freeman: We represent PlaintiffJane Doe in the above-captioned action. We write to respond to the letter submitted by Defendants on January 12, 2020 (Doc. No. 43), and to respectfully request that the Court enter the joint proposed discovery schedule in this case (Doc. No. 42-1), which will allow the parties to begin discovery before the conference that has been scheduled for February I I, 2020, at which time, of course, the Court may modify the schedule if it sees fit to do so for any reason. First, Defendants' letter typifies their relentless efforts to deflect plaintiffs' legitimate questions about how much money is in the Estate and how much the proposed Victim's Compensation Program (the "Program") will have access to. Defendants, through their counsel in this litigation and through the selected Program Administrators, have repeatedly asked plaintiffs to blindly accept their assurances that the Program will be allocated sufficient money to settle all claims and will be "open-ended" regarded amounts awarded. (See, e.g.. Doc. No. 42 at 2; Doc. No. 42-4 at 2; Doc. No. 42-5 at I.) But, as President Reagan is famous for saying, "Trust, but verify." Here, Defendants have repeatedly refused to provide the factual basis for these assurances. This time, they suggest that the