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May 12, 2014

VIA ECF
Hon. Alison J . Nathan
United States District J udge
United States District Court
Southern District of New York
40 Foley Square, Room 2102
New York, New York 10007
Re: Mark, et al. v. Gawker Media LLC, et al., No. 13 Civ. 04347 (AJN) (SN)
Dear J udge Nathan:
This firm is counsel to the defendants, Gawker Media LLC and Nick Denton
(collectively, Gawker), in the above-captioned matter. I write on behalf of the defendants in
accordance with Section 3(B) of the Courts Individual Rules of Practice in Civil Cases for
permission to file a brief surreply in opposition to Plaintiffs motion for conditional certification
(Docket No. 15).
Since the completion of briefing on the certification motion, Defendants have taken the
deposition of two of the three remaining named plaintiffs, Aulistar Mark and Andrew Hudson.
1

Defendants request leave to file a short surreply, not to exceed seven pages, that would highlight
several admissions of the named plaintiffs that are relevant to matters discussed in Plaintiffs
motion papers and Defendants opposition. Defendants contend that this additional factual
information would be helpful to the Court in deciding the pending motion. Defendants do not
intend to re-argue matters already covered in the existing briefing.
For these reasons, Gawker respectfully requests that the Court permit the filing of a
surreply limited to the matters described above. Before filing this letter-motion, the undersigned
sought the assent of Plaintiffs counsel. The parties spoke by telephone but were unable to reach
agreement, and I anticipate that Plaintiffs will oppose this request.
Very truly yours,
/s/Mark W. Batten
Mark W. Batten
cc: Andrea Paparella, Esq.

1
Defendants have also noticed the deposition of the remaining named plaintiff, Hanchen Lu, and
several dates have been agreed to but then cancelled by Mr. Lu. Most recently, his deposition was
scheduled for April 17, 2014, but he cancelled the deposition at approximately 8:00 p.m. the night before.
Mark W. Batten
Member of the Firm
d 617.526.9850
f 617.526.9899
mbatten@proskauer.com
www.proskauer.com
Case 1:13-cv-04347-AJN Document 47 Filed 05/12/14 Page 1 of 1