140 H3vlgiu2 ih agreement that's at the heart of this case. Remember the issue 2 that we were talking about yesterday. The nonprosecution 3 agreement says to Mr. Epstein, we will not prosecute you, or 4 any potential co-conspirators, or, and then there were four 5 named individuals. Two of those named individuals are 6 Marcinkova and Kellen. So they're bound together and have a 7 common interest in trying to preserve that nonprosecution 8 agreement, which means, of course, attacking people who are 9 attacking the nonprosecution agreement, such as Jane Doe 3, 10 that is, my client, Ms. Giuffre. apa: And that is the first factor, the nature of the 12 relationship there. Very tightly bound. 13 The second one is the degree of control in which the 14 party has vested the nonparty witness in regard to key facts 15 and the general subject matter of the litigation. That's a 16 direct quote from LiButti. And the evidence here -- and again, de I won't belabor all of the flight logs and specific evidence, 18 but it's recited, you know, in a ten-page chart in our brief. 19 Kellen and Marcinkova are very tightly bound with the 20 defendants. They are direct reports. They are working closely 21 together. I just quoted Ms. Ransome saying, you know, that 22 that was the person that they were talking to, and so you have 23 a very significant degree of control. 24 The third factor from LiButti is compatibility of 25 interests. Perfect compatibility of interests here. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011443