Case 1:19-cv-10475-LGS-DCF Document 99 Filed 11/23/20 Haddon, Page 1 of 3 and c Laura A. Menninger 150 East 10th Avenue Denver. Colorado 80203 PH 303.831.7364 DC 303.832.2628 www.hmflaw.com Imenningerehmflaw.corn HADDON N November 23, 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: On behalf of defendant Ghislaine Maxwell, I write in response to plaintiff's request for a pre-motion conference to discuss her anticipated motion to dismiss this action with prejudice pursuant to Rule 41(a)(2). As explained during counsel's conferral call, Ms. Maxwell does not "oppose" the request to dismiss per se. Rather, Ms. Maxwell simply requests that the dismissal include two standard terms to ensure the enforceability of the dismissal with prejudice as contemplated by the Rule and to preserve Ms. Maxwell's rights in a pre-existing indemnification lawsuit. First, Ms. Maxwell requests her counsel be provided a copy of plaintiff's signed and executed release. In the event plaintiff attempts to sue her again in any forum at some unknown time in the future, Ms. Maxwell needs a signed and executed release so that she has a legally enforceable document to seek dismissal of any such claim. Plaintiff's counsel's representations in correspondence that she is releasing Ms. Maxwell are insufficient. Ms. Maxwell has had no role in negotiating the terms of the Epstein Victims' Compensation Program. She is neither a signatory to any of its terms nor contractually bound by them. Whatever plaintiff was assured by the Program in terms of confidentiality apparently did not take into account the needs of third-party beneficiaries of her agreement to release "any employees of the Estate, Mr. Epstein, or any entities owned or controlled by the Estate." Counsel is unaware of any legal support for refusing to provide a