EFTA01734885.pdf

09/13/2018 18:14 FAX 0002/0003 • • Case 1:15-cv-07433-RWS Document 433 Filed 09/15/16 Page 1 of 2 BOI ES SCHILLER & FLEXNER LLP 401 EAST LAS OLAS BOULEVARD • SUITE 1200. FORT LAUDERDALE. FL 33301-2211 • PH. 954.356 0011 • FAX 954.356.0022 Sigrid S. McCawley, Esq. E mail: smccawleviabsflID.com September 13, 2016 --hT , VIA FASCIMILE 1212-805-79251 Honorable Judge Robert W. Sweet I SEP 1 12016 I -).) JUDGE SWEET CHAMBERS District Court Judge United States District Court 500 Pearl Street New York, NY 10007 USDC SDNY DOCUMENT ELECTRO:VF7A 7 tY Fli 7.:D‘ Re: Giuffre v. Maxwell, DOC it: Case No.: 15-ev-07433-RWS DATE FILED: Dear Judge Sweet: Plaintiff, Virginia Giuffre provides this Court with Notice of Non-Response to the Court's July 30, 2016 Order. Specifically, on June 20, 2016, this Court authorized the subpoenas to Nadia Marcinkova and Sarah Kellen to be served by alternative means. Ms. Giuffre served subpoenas as directed by the Court and set the depositions of Nadia Marcinkova and Sarah Kellen for July 21, 2016 at the Boies Schiller & Flexner offices in New York City. Neither of the witnesses appeared for their depositions. On July 25, 2016, Ms.Giuffre filed Plaintiffs Motion for a Finding of Civil Contempt Against Sarah Kellen For Ignoring Subpoena and For Associated Sanctions (308) and Plaintiffs Motion for a Finding of Civil Contempt Against Nadia Marcinkova For Ignoring Subpoena and For Associated Sanctions (310). In her motions, Plaintiff sought the following relief in order to compel the depositions of Nadia Marckinkova and Sarah Kellen: (1) that Nadia Marcinkova and Sarah Kellen be directed to appear for deposition (2) that Nadia Marcinkova and Sarah Kellen pay Giuffre's costs and reasonable attorney's fees associated with bringing the motion, and that (3) Nadia Marcinkova and Sarah Kellen be ordered to pay a civil penalty of $2500 per day for each day after which they fail to appear at the rescheduled deposition and any other sanction the court believes is just and proper. On July 30, 2016 the Court issued the following order: "ORDER: Plaintiffs Motions for a Finding of Civil Contempt against Sarah Kellen and Nadia Marcinkova shall be taken on submission returnable August 25. 2016. All papers shall be served in accordance with Local Civil Rule 6.1 and pursuant to this Court's previous orders. (Signed by Judge Robert W. Sweet on 7/30/2016) (cf)". WWW.BSFLLP.COM EFTA_R1_00014417 EFTA01734885 09<13/2016 18:1&FAX Q0003/0003 se 1:15 cv 07433-RWS Document 433 Filed 09/15/16 Page 2 of 2 Boles. SCHILLER & FLEXNER LLP Honorable Judge Sweet District Court Judge September 13, 2016 Page 2 Neither Nadia Marcinkova nor Sarah Kellen filed any response to the Plaintiffs Motion on or before August 25, 2016. In light of these facts, Ms. Giuffre provides notice to this Court that Plaintiffs Motion for a Finding of Civil Contempt as to Nadia Marcinkova and Sarah Kellen remain pending. As indicated in that motion, Ms. Giuffre would respectfully request that the Court Order that (1) that Nadia Marcinkova and Sarah Kellen be directed to appear for deposition (2) that Nadia Marcinkova and Sarah Kellen pay Giuffi-e's costs and reasonable attorney's fees associated with bringing the motion, and that (3) Nadia Marcinkova and Sarah Kellen be ordered to pay a civil penalty of S per day for each day after which they fail to appear at the rescheduled deposition an any other sanction the court believes is just and proper. ~00 Sincerely, Sigrid S. McCaHley, Esq. SSM Enclosure S en -en/ cc: Counsel of Record to.c.c 7 -05 4)-- /4;714 EFTA_R1_00014418 EFTA01734886