agreement that's at the heart of this case. Remember the issu

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 140 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 HOUSE_OVERSIGHT_011443