• • Villafana, Ann Marie C. (USAFLS) From: nt: ubject: Jay Lefkowitz [[email protected]] Sunday, September 23, 2007 8:39 PM Villafana, Ann Marie C. (USAFLS) Re: You may want to consider simply appointing a representative. We would agree to someone you considered appropriate. I am just not sure the guardian is the right procedural vehicle. Anyway, we can keep looking into that question tonight. It won't hold things up. Original Message From: "Villafana, Ann Marie C. \(USAFLS\)" ([email protected]] Sent: 09/23/2007 08:37 PM AST To: Jay Lefkowitz Subject: RE: A trustee means there is a trust that has been approved by a court and appointed a trustee. That doesn't apply here. I cannot bind the girls guardian is appointed, the girls elect to use him as their attorney and trust is in their best interests, that is their decision, not mine. I the motion for appointment of the guardian under 17(c) anyway. Original Message III, om: Jay Lefkowitz [mailto:JLefkowitzlilkirkland.com] t: Sunday, September 23, 2007 8:35 PM o: Villafana, Ann Marie C. (USAFLS) Subject: See below - a trustee might be more appropriate. Federal rule of civil procedure 17(c): (c) Infants or Incompetent Persons. Whenever an infant or incompetent person has a representative, such as a general guardian, committee, conservator, or other like fiduciary, the representative may sue or defend on behalf of the infant or incompetent person. An infant or incompetent person who does not have a duly appointed representative may sue by a next friend or by a guardian ad litem. The court shall appoint a guardian ad litem for an infant or incompetent person not otherwise represented in an action or shall make such other order as it deems proper for the protection of the infant or incompetent person. The information contained in this communication is 1 that the court has to a trust. If a they all agree that a would not be making RFP MIA 000220 EFTA00225994

cofifideillial, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. authorized use, disclosure or copying of this munication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterairkland.com, and destroy this communication and all copies thereof, including all attachments. The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmastenfkirkland.com, and destroy this communication and all copies thereof, including all attachments. • 2 RFP MIA 000221 EFTA00225995