Kenned Lexington 570 New York New York Hand Via The USA Delivery Andrea Honorable Supreme Part 60 Courtroom Centre New 242 www.kennedyslaw. Christopher.Carroll New York, York 10007 Please accept enjoin subpoenas that this be addressed Teams the 20 meet and and delay the documents), Insurance Company, Football L fact minority of the Insurers & teams The Casualty Travelers The Insurance Indemnity and produced Teams Non-Party of North River Company, Company, a failed valid each to now cou that the state-issued home Teams were at ANY produce insurance compel in foul and st the regarding mostly cry due in team's letters to few, substance N an documêiits and each of come the to st this a TRO. !nsurance St. law h their relief Non-Party motions filing baseless-relief Company, from and have of issuing teams Insurers teams began issued. began in (the extraordinary conferences most order Non-Par compel to Teams protective the for The motions memorandum member the that a for response in ("TRO"). Non-Party separate telephone Insurers' the the Insurers NFL documents, extraordinary-and Property League., National Order to standard the 32 the confer the subpoenas the ago, of a in of with motion Insurers months produce to TIG Football v. proceeding issued their meet each to from validly upon cannot documents 1 al. Restraining Insurers Insurers rules by Over the et Co., behalf a Temporary the the Court until (and Cas. on letter this for temporarily the National v. 652933/2012E No.: application failure Co. Masley: Justice several & Property Index Party Insurance 2019 29, 652813/2012E No.: Discover to April America Alterra Index Teams'2 F +1 646.625.40 York Street Re: Dear T +1 646.625.40 Masley New of Court 48, 10 Paul Travelers Company, Protective Property United Insurance Casualty States Fire Company, Company !nsurance Travelers of A ACE Kennedys The Andrea Honorable April 29, Page 2 Masley 2019 The I. Legal Standard. movant can and 68 Inc., the papers."); see also and one of every Doe Inc. Stores, the TRO a Here, harm that will merits of their be The As Non-Party harm, Hempstead Res. & Recoverv relief a 426 success N.Y. be that N.Y.S.2d movant on Futures afforded 52, failed the merits Exch., only in Inc., those be a Court should granted threshold movant granted. 54 (2d Dep't establish to a Irreparable after all not me that be or o weighs equity settled the cannot immediate likelihood and only is 236 order. well is harm" injunction Corp., of will it may a this Immediate TRO showing where v. a "irreparable a preliminary Trading of and protective Sustain Thus, absent and, likelihood addressing Not evidence. a for that appropriate N.Y.2d 1) 2) denied the Thus, 79 York, 3) absence until establish to and be motion relief rather, New order; the with individually); should Will extreme injunction preliminary TRO the Teams but irreparable on clear relief protective a for argument by injunctive ("Injunctive request or (ccilectively a v. f not trial."). plenary fail completely was granted accordance must request ("In be in Assoc. Teams for the only Firefighters motion Non-Party and after burden its prong 1984) not found relief merits should granted facts (denying Dep't resolved cautiously the (1st relief matter them befall inconvenience, Research used the satisfied 728 727, entire on be only injunctive (1988) 435 433, meet to Fabrication v. undisputed for 750-51 relief A.D.2d will fails request success injunctive Uniformed noted, of the movant 748, A.D.2d See and briefing N.Y.2d and law the the and as provisional Corp. 285 remedy the If Likelihood the the Accordingly, II. 73 the must under it dements, demanded, safeguards. of these and drastic 6312(a). Singh,101 v. explored are CPLR a if Phillips, b only conclusory Preston J.A. v. may not injury See Koultukis 6301 and irreparable favor". is to Axetrod, relief fully for right where injunction his relief clear v. in CPLR to evidence (2) (1986); injunctive a of 406 actual merits, are 397, establishes to the equities N.Y.2d ("Preliminary e.g., on success that (3) with demonstrate, of likelihood pursuant relief injunctive Preliminary requirement will imminently See Haulage 1980) irreparable balancing of N.Y.S.2d 280, 446 extraordinary (reversing situations the eq 282 wh Kennedys The Andrea Honorable April 29, Page 3 home individual them the in a for Masley 2019 first order a as collectively, single them to 22 in received there to no is team. an the irreparable (N.Y. from Sup. team any it one Dec. to having in TRO the of 32 the face a be. No single motion compel that particular, a single even alone let client purporting v h irreparable compel to home Welsh-Ovcharov e.g., - the its by Teams harm 2017). with to al subpoena to supported See, such a seeking Non-Party should 18, not is howeve than harm 3 in sustain other prote issues comply any a for received motion in result that Importantly, that court any statement even property any of would properly Ct. to 7. could team failure disposition for any as harm, 6450547 the application of No anything a subpoena employee actual its at that entity. for litigate with Indeed, a jural that comply simply not a discovery Br. Moving contention their application identical "Non-Party to evidence litigate states." practice have will to their Teams" is motion of when and "having the Teams" "Non-Party subject now on whic Teams, rest harm of resolution Non-Party jurisdictions, irreparable facing different called entity are 32 pursue Insurers pending the Indeed, separate in the enjoined immediately this - demanded they case.5 between due proceedings in group apparently addressed, not domicited entities occur, are place) protective corporate (where jurisdictions home the in stat domicited. the Importantly, Court quite is amazing them with the was jurisdiction be Teams' addressed numerous It is important each states, to discovery varies those See at Ex. page A laws attached note with applicable in those to to own widely the event herewith and they (October 3. Teams' the the and foremost in subject 2018 letter they among and which laws that certain intend motion from in reside [Teams] Clubs to th following: rules Non-Party 11, which Non-Member manner are when issues first discovery The Subpoenas. various each in practice Specifically, was 32 the to responses motion time), efforts that their the that (at collectively objections about h attempted deficient preference. their Teams Non-Party Insurers that counsel single the individually insisted was and Non-Party could faith required Teams' the their Clubs Non-Party when that about the application unitary considering collectively subpoenas, to current are vie states to take full practice." Proskauer Rose Kennedys The April 29, Page 4 Insurers to resist year ago, and all to the considerably particular Team obtain to teams are the (i.e., did hurdles of"). to respond in necessary tike that in to respond was compel to in one only motion backyard to in compet, home eac should n produc to Philadelphia compel to Each Florida. its the a subpoen must separately Non-Party Team Buccaneers Bay in refusat on where jurisdiction the re being f issued. numerous to irrespective of they Proskauer same the law the irreparable a has firm sophisticated the Rose teams' harm" any corporation one is responding of choice voluntary to while (or all) worth of the more to that all may counsel cannot Teams. $1 hom the is billion, of only Teams Non-Party within than their it certainly Non-Party Non-Pa what exactly The here. response in And country. is each of Unquestionably, burden them that (albeit ago. each of brethren, months represent laws are allow to !ndeed, the their potential any to states. of" of six that "Non-Party various rights than throughout Proskauer handle), that Teams" the advantage separate more not in full the wanted jurisdictions for "take Rose is disputes discovery opportunity said it then, Critically, is own their Tampa the all compel and i they with they motion a to inte Subpoenas that that example, court more. any respond to having because Philadelphia motion for obligations comply to delay countenanced contend, by "irreparably be to complains of oppo actually relevant motions strategy league stated forced and teams the previously were subpoenas not to Teams Insurers collective should logic the which show their seek to issue (the with Insurers in collective The the to to not comply proce This NFL despite to and needed the its issued orders of refusat Non-Party valid the fashion. defies possible in ago. bring issuance, forced were were to failed the serve the to jurisdictions after harmed" them the in for discovery It as easy subpoena months 8 Least forced their to Teams Now, counsel Team, Party due unabashedly so and issue as issued commissions were stipulate courts advantage full it Subpoenas at where Insurers Non-Party various make a duty the served commissions Having of majority that to property and with served were extent such the Insurers vast the cause. Subpoenas, was them of members) show to The jurisdiction, Court documents to production). Each Non-Party "Subpoenas").6 (the access gain to Teams Party Masley 2019 the for a Andrea Honorable the Subpoenas present certain its resources constitute Each and of surely the h Kennedys The Andrea Honorable April 29, Page 5 are Insurers in from arising here. doing corporation illogical. effort there Third, for rules To them put and it the resources Teams discovery demands of Court deny should The in prongs the the direct necess with to comply not to all such which that the (which to commêiice proceedings procaadings before this are likely to the the fail They withdr Non-Pa against Court. C under of any nee still Insurers against more any hypothetically they the direct commenced have that entirety. Merits relief establish (1) its would they satisfy analysis. could injunctive must order they cannot), in the Teams preliminary Teams on to this a TRO, m have fail of Succeed very they dispositive for that frankly, Teams Non-Party they for test is to Non-Party harm which Non-Party Likely the to, application Not protective that consolidate (3) have irreparable respond the Are the for Insurers N comply that jurisdictions, Team's Non-Party proceediiigs their harm, harm motion their in Non-Party of the and will everything to having arguendo, two and team team main the relevant each conceivable Accordingly, Teams irreparable prong, discovery and the of sacond Court proving no is irreparable assuming, type remaining doing. Non-Party Even There requires. done have Insurers Non-Party requirement Team entities NFL's of Each to Non-Party in the is having privilege. jurisdiction approp state. the muster to III. own its law the of and to that litigating play due perfectly non-party foreign, production forestall and the (as avoid at inconsistency plainly, straightforward the of logging from ruling some risk production, court's each no is suggest to of Law from shopping "strategy" and delay the To only to practice apply discovery forum of the Rather, continued pursuing means or and subpoena). (or of common is jurisdiction suit method it !ndead, home its that acceptable "strategy" of Masley 2019 to N satisfy well. The issues and all governed of contend York for where the cases by a that federal where need cases in are forum the federal (including courts the in disputes four New because specifically the Teams Non-Party main the that this federal occurred).7 cited single the by set of the relief courts routinely action is court to The Non-Party rules, the are they require located manage given reason this Teams) is Federal parties that to court's docket. its Rules sh seeking Moving happens in because, obvious of Proce Civil Kennedys The Andrea Honorable April 29, Page 6 of manufactured the notion New that York would they jurisprudence state foreign each of s the teams' belies of themselves avail from matters transfer to Not rulings. among consistency ability under Division stated ensuring about theory Cammêrcial initial or resources preserving York Masley 2019 the N jurisdictions. the Moreover, same general with the potential the foreign Non-Party Teams' attorneys Party motion the motion for TRO is IV. they not simplified Rose. This As order there such, and , the no is the second of to as the possibl gran to of the th compliance for basis prong Court wanted supposedly sound subpo reason seek of (all the context and Teams Non-Party is this a valid in Subpoenas it as convenient not is especially foreign for and a to explanation enforce a plea com to Court why to is are the in the granting for test N establishing satisfied. The Eauities The Non-Party Weigh Insurers have Subpoenas Since a produced documents. The Despite arising from to the of 18 time confer" the Teams Teams' sudden Non-Party Subpoenas, it is clear the served of have that m re of the t 2017, Te Non-Party of solely produced the in course consist to 20 responses 32 the desire abo and August in Teams Non-Party 8 initial over for test Teams their 14 the explained Non-Party efforts from As between provide to of prong favor. Teams were Non-Party last their with documents these by the in Subpoenas 189 the satisfy Non-Party and of Insurers weigh extra round remaining the the patient each total documents of "meet first grand fail incredibly them of equities each extensive the also any on giving in participate that been , Favor in Teams prove Subpoenas disputes the ways. protective served received both it cannot half. that the or permitted as order, pursue to proceedings have Proskauer protective for Insurers cannot motions at be (which this any teams Insurers motions providing argument essential teams before separate to Insurers' the to responding separate jurisdictions the separate Without the because various adjudicated 9-10. for Teams' the forcing pg. problematic is various Teams' at the Insurers' the be should Brief Moving rulings issued, of Subpoenas that from of all objections), various See rulings. for same contend documents of categories the virtually Teams Non-Party discuss Non-Party nothing. a plan Teams Kennedys The Andrea Honorable April 29, Page 7 V. C_onclusion For the Masley 2019 of all the foregoing Teams' application Non-Party We took reasons, forward to for the matter order. restraining with Respectfully Yours request respectfully a temporary this discussing Insurers the Court. Submitted, sincerely, Christopher Carroll Partner For cc: All of Counsel John Seth Steven E. B. Failla Record (via Schafter H. Holinstat (via email) email) (via email) (via email) Kennedys CMK that