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H3vlgiu2 agreement that's at the heart of this case. Remember the issu that we were talking about yesterday. The nonprosecution

agreement says to Mr. Epstein, we will not prosecute you, or

any potential co-conspirators, or, and then there were four

named individuals. Two of those named individuals are

Marcinkova and Kellen. So they're bound together and have a

common interest in trying to preserve that nonprosecution agreement, which means, of course, attacking people who are attacking the nonprosecution agreement, such as Jane Doe 3, that is, my client, Ms. Giuffre.

And that is the first factor, the nature of the

relationship there. Very tightly bound.

The second one is the degree of control in which the

party has vested the nonparty witness in regard to key facts

and the general subject matter of the litigation. That's a

direct quote from LiButti. And th vidence her and again,

I won't belabor all of the flight logs and specific evidence, but it's recited, you know, in a ten-page chart in our brief.

Kellen and Marcinkova are very tightly bound with the

defendants. They are direct reports. They are working closely

together. I just quoted Ms. Ransome saying, you know, that

that was the person that they were talking to, and so you have

a very significant degree of control.

The third factor from LiButti is compatibility of

interests. Perfect compatibility of interests here.

SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

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