EFTA00104833 Based on the emails below, should I be available to load discovery tomorrow? Thanks! Hi all, apparently Maxwell’s firm dropped off two drives today. Did anyone receive them? Tom Powers dropped off two hard drives earlier this afternoon. Please let me know if you did not receive them. Please load the complete production to date on the drive that is going to the MDC. With regard to the two drives that are already at the MDC, we want those to remain with Ms. Maxwell in the MDC for the time being. As tomorrow is the deadline for the government to complete production of the initial non-electronic discovery, we expect that Ms. Maxwell will receive her drive tomorrow at MDC. Regards, Chris **Sent:** Wednesday, August 19, 2020 5:54 PM
Cc:Mark S. Cohen; Jeff Pagliuca; 'Laura Menninger'; Thomas J. Powers
Subject:RE: Discovery
Chris, We expect to have another discovery production ready to load by this Friday, August 21 st . This production will include the replacement files you requested as well. Would you please provide us with another drive for us to load? Our paralegal is not able to load the discovery without the McAfee encryption software, so it will be included in this production. For your client’s review at MDC, if you provide us with another new drive, we can load a full set of the discovery to date (including all past productions) onto it and send it to the MDC. Once the new drive arrives at the MDC, we can request that the jail send the two prior drives back to our office. That way your client will have all of the discovery on a single drive, and we can use the older drives to send future productions to the MDC. Please let us know if that is acceptable to you. Thanks, EFTA00104834 Chris, The four Bates ranges you’ve identified are flight records produced by airline companies pursuant to subpoenas that requested flight records dating back to the 1990s. We have redacted flight information for recent flights (within the past decade) that substantially post-date the offense conduct. This information is not subject to disclosure under Rule 16. The protective order does not expand the scope of discovery; rather, it permits us to make disclosures of relevant materials with certain protections. If you have specific concerns, or if there is a particular reason you believe this material is subject to disclosure, please let us know if you’d like to discuss this further. If there are other specific reactions that you have questions about, please let us know. Some materials were produced to us in redacted format, so it’s helpful for us to discuss specific Bates ranges. Best, We have not compiled a complete list of redacted documents. But below are some samples Bates ranges that contain redactions. - SDNY_GM_00000977 - SDNY_GM_000001012 (American Airlines records) - SDNY_GM_00004650 – SDNY_GM_00004655 (Delta Airlines records) EFTA00104835 - SDNY_GM_00006081 - SDNY_GM_00006096 (Southwest records) - SDNY_GM_00008138 - SDNY_GM_00008146 (United Airlines records) Can you let us know if these are your redactions and, if so, why they are necessary given the protective order? Thanks, Chris We noticed a few errors in the most recent production. They are similar to the errors we experienced with the first production – i.e., the file names were too long, which caused a problem uploading the files. Can you please provide replacement documents for the following Bates ranges: 1. SDNY_GM_00086557 - SDNY_GM_00096055 2. SDNY_GM_00164920 - SDNY_GM_00165517 EFTA00104836 I think these problems are caused by the McAfee encryption software that you are using. If we provided you with a hard drive with onboard encryption, would you be able to do away with the McAfee encryption software? Also, we have noticed that many of the documents in the production contain redactions. There is no reason why the documents need to be redacted, given the protective order. Can you produce unredacted copies? Thanks, Chris Christian Everdell New York | Seoul | Paris | Washington DC | London CONFIDENTIALITY NOTICE: The information contained in this e-mail may be confidential and/or privileged. This e-mail is intended to be reviewed initially by only the individual named above. If the reader of this e-mail is not the intended recipient or a representative of the intended recipient, you are hereby notified that any review, dissemination or copying of this e-mail or the information contained herein is prohibited. If you have received this e-mail in error, please immediately notify the sender by telephone and permanently delete this e-mail. Thank you. PRIVACY: A complete copy of our privacy policy can be viewed at: https://www.cohengresser.com/privacy-policy EFTA00104837