Case 1:19-cv-10475-LGS-DCF Document 46 Filed 03/27/20 Haddon, II A I) D 0 Page 1 of 4 and vc Laura A. Menninger 150 Eost 101h Avenue Denver, Colorado 80203 PH 303.831.7364 rx 303.832.2628 www.hmfIcAv.com Imenningerehmflow.com N N March 27, 2020 VIA ECF Hon. Lorna G. Schofield United States District Judge Thurgood Marshall United States Courthouse 40 Foley Square New York, New York 10007 Re: 19-cv-10475 (LGS-DCF), v. Darren K. Indyke, et at Dear Judge Schofield: I write under Rule 111(C)(2) of your practice standards to alert you to Ghislaine Maxwell's intended motion under Fed. R. Civ. P. 8 and 12, to request a premotion conference, and to suggest a briefing schedule. Because plaintiff's complaint contains so many deficiencies, Ms. Maxwell asks for leave to file a 4-page letter. Plaintiff's "personal knowledge" allegations against Ms. Maxwell are limited: (1) Ms. Maxwell (together with Mr. Epstein), who were "in New York at the time, arranged and paid for plaintiff to fly to New Mexico in the spring of 1996," (158), and (2) once in New Mexico, Ms. Maxwell allegedly held plaintiff against her will, took her shopping, pressured her into giving a foot massage to Mr. Epstein, and later during a massage without Mr. Epstein present, "touched [plaintiffs] intimate parts .. . against her will," "exposed [her] breasts and groped her." (11159-65). The rest of plaintiff's claims are upon "information and belief' and impermissibly lump the allegations against Ms. Maxwell with those against Mr. Epstein. I. Rule 8 Requires Fair Notice to Ms. Maxwell, Not Lumping Fed. R. Civ. P. 8 requires, at a minimum, that a complaint give each defendant "fair notice of what the plaintiff's claim is and the ground upon which it rests." Ferro v. Ry. Express Agency, Inc., 296 F.2d 847, 851 (2d Cir. 1961); see also v. Abruuo, 49 F.3d 83, 86 (2d Cir. 1995). Here, whenever plaintiff has no facts to allege against Ms. Maxwell, she deceptively claims that "Epstein and Maxwell": "committed