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May 12, 2014 VIA ECF

Hon. Alison J. Nathan United States District Judge 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 Judge 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 Court’s 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