Epstein Secrets

eorge Rush (the "Daily News Parties"), movants in the above-captioned ancillary proceeding, hereby appeal to the United States Court of Appeals for the Second Circuit from the Order dated June 23, 2010 (Stein, J.), and entered on June 25, 2010, adjudging them in civil contempt of the Memorandum and Order entered

New York June 28, 2010 Respectfully submitted, DAVIS WRIGHT TREMAINE LLP By: 7_Atat Laura it Handman Robert D. Balin 1633 Broadway rk 10019 Anne B. Carroll Daily News, L.P. Deputy General Counsel 450 West 33rd Street, 3rd Floor DWT 141190929vI 3970112-000042 EFTA00723406 w k10001 Attorneys for A

to the defendant's continued newsgathering effectiveness of preserving the source's confidentiality." Id. at 596-98.5 Even in Circuits that, unlike the Second Circuit, have not recognized a federal reporter's privilege, the standards applicable under Rules 26 and 45 have resulted in rejection of private litigants

LIST GEORGE RUSH IN SUPPORT OF THEIR MOTION TO QUASH SUBPOENAS SERVED ON THEM IN A FLORIDA LITIGATION OR IN THE ALTERNATIVE FOR A PROTECTIVE ORDER Anne B. Carroll, Esq. The Daily News L.P. 450 West 33"I Street New York. NY 10001-2631 Laura R. Handman. Esq. Davis Wright Tremaine LLP 1633 Broadway New York

ction by the Daily News of the recording. I attach the Rush declaration hereto as Ex. 3. 3 EFTA00728446 7. The Daily News then took an appeal to the Second Circuit. While the appeal was pending, however, the underlying civil suits by the three girls settled, leading to an automatic vacation of the district cou

ngs, all emails to and from Jeffrey Edward Epstein or someone representing themselves to be Jeffrey Epstein," and the testimony of George Rush and Anne B. Carroll, a Vice President and General Counsel of Daily News, L.P. (Carroll Decl., Apr. 7, 2010, Exs. A & B.) In the alternative, the subpoenaed parties see

Id. This is unique and direct evidence of Epstein's lack of remorse that is not cumulative of anything else Edwards can present' 7 In its brief to the Second Circuit on the "Jane Doe" case, the Daily News claimed that Epstein's recording "shows little more than a defendant, charged in multiple actions with commit

copy of the foregoing Reply Memorandum of Law in Further Support of Motion for CPLR 3102(e) Order dated November 11, 2010 upon: DAILY NEWS, L.P. Anne B. Carroll (AC-5322) Deputy General Counsel 450 West 33"I Street, 3n° Floor 10001 Attorneys for Daily News, L.P. and George Rush A copy was also sent via

to the defendant's continued newsgathering effectiveness of preserving the source's confidentiality." Id. at 596-98.5 Even in Circuits that, unlike the Second Circuit, have not recognized a federal reporter's privilege, the standards applicable under Rules 26 and 45 have resulted in rejection of private litigants

LIST GEORGE RUSH IN SUPPORT OF THEIR MOTION TO QUASH SUBPOENAS SERVED ON THEM IN A FLORIDA LITIGATION OR IN THE ALTERNATIVE FOR A PROTECTIVE ORDER Anne B. Carroll, Esq. The Daily News L.P. 450 West 33rd Street N 10001-2631 Laura R. Handman, Esq. Davis Wright Tremaine LLP 1633 Broadway i rlia 10019 EFTA

nfidential source and his unpublished interview therefore fell within the federal qualified privilege that governs non-confidential news material in the Second Circuit. Dist. Ct. Op. at 4 (quoting Gonzales v. NBC, 194 F.3d 29, 36 (2d Cir. 1999)). Applying the federal qualified privilege standard (which is signific

Robert D. Balin Victor Hendrickson 1633 Broadway — 27th Floor New York, NY 10019 Tel: (212) 489-8230 Attorneys for Daily News,.. Of Counsel: Anne B. Carroll Deputy General Counsel Daily News, 450 West 33rd Street New York, NY 10019 Tel: (212) 210-2341 922 A.2d at 1275 (2007) (noting in dicta that no