Epstein Secrets

. PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP By: Brad S. Karp Eric S. Goldstein ) Jonathan Hurwitz ) Jessica S. Carey 1285 Avenue of the Americas New York, New York 10019-6064 Tel: Fax: Attorneys for Defendant The Bear Stearns Companies Inc. EFTA00284558 Case 1:08-md-01963-RWS Document

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SAL WITH PREJUDICE x PLEASE TAKE NOTICE that the undersigned counsel for all parties hereby stipulate and agree that this action, Financial MG( Co., Inc. v. The Bear Stearns Cos. Inc., No. 10 Civ. 01226 (RWS), is hereby dismissed WITH PREJUDICE pursuant to Rule 41(a)(I )(A)(ii) of the Federal Rules o

. Ct. 1980) (finding waiver of "confidentiality of the corpus" of communications from a telephone call disclosing part of privilege communications); United States v. Jacobs, 117 F.3d 82, 90 (2d Cir. 1997) (finding that waiver of attorney-client privilege extended to the entirety of two letters written by Jacob

pe was not protected by the journalist's privilege. (Judge McKenna's Opinion is attached as Ex. 5 to Lewis Aft). Applying Gonzales v. Nat 'I Broad. Co., Inc., 194 F.3d 29 (2d Cir. 1999) (Gonzales ///), the district court explained that a reporter's privilege extended even to non-confidential sources. The

. (See Reply at 2.) However, in general, "oUr-of-court statements that are offered as evidence of legally operative verbal conduct are not hearsay.' United States v. Pang. 362 F.3d 1187. 1192 (9th Cir. 2004). Because such statements have independent legal significance. they are considered "verbal acts," and ar

icited under these circumstances of confidence, Alabama courts will treat the statement as a fact reasonably relied upon. Id. Kaye v. Pawnee Const. Co., Inc., 680 F.2d 1360, 1367-68 (11th Cir. 1982) (footnote omitted); see Bryant Bank, 155 So. 3d at 239-40 (citing Kaye, 680 F.2d at 1368). As discussed ab