Luisa Castagna Esposito v. Willie Gary, et al.

NA CAN I Vd he hee Te Ned Net be WS? PU a NE he tty | wi LUISA CASTAGNA ESPOSITO GARDEN PLACE WEST HEMPSTEAD, NY 11552 516-652-1639 (Telephone (Telephon) W7EMO ENDORSED □□ November 10, 2025 The Glee 0 Arata. | We, C f Via ECF/Email Honorable Judge Paul G. GUARDEPHE Ohlory Aouad, are Wy rat United States District Court Row nsify Ab Athy tut PMorargoliny, For the Southern District of New York Ww Morel tap bo lines □ Pearl Street ne Darphyeang rt wn, AtaKE □□ New York, New York 10007 to a A fh Ny, Re: Luisa Castagna Esposito vs. Willie Gary, et.al SO ORDERED: Docket 18-CV-11245 (PGG), (OTW) [DE #244] Pru J} A sree □ Paul G. Gardephe, U.S.D.J.

Re: Esposito v. Gary, et al., Case No. 18-cv-11245 — Lettgr Motion to Modify □□□ □□□ 2 Protective Order (ECF No. 244) — □□ Dear Judge Gardephe: I respectfully submit this letter motion seeking a modification of the Protective Order entered at ECF No. 244, which governs discovery materials produced by Travelers Insurance Company in this action.

I am the Plaintiff, pro se, in this federal case and also the Plaintiff, pro se, ina related action pending in the Supreme Court of the State of New York, Nassau County, titled Esposito v. Allen H. Isaac, Index No. 900010/2023, brought under New York’s Adult Survivors Act, in which I prevailed on appeal in the Appellate . Division, Second Department and the case is.back at the trial court and pending. □ The Travelers discovery materials produced here are directly relevant to the state Page 1 of 5 action because Travelers has denied insurance coverage.

Additionally, this federal action is currently pending before the United States Court of Appeals for the Second Circuit, where I have raised issues concerning the denial of due process and the inability to fully present my case. Because the appeal remains unresolved, and because the state action involves the same underlying matters, it is critical that I be permitted to access necessary documents for discovery from Travelers. The requested modification ensures that I can fairly litigate the state action.

The documents by Travelers should include information concerning insurance coverage, common interest privilege logs, joint defense privilege logs, policy language, defense obligations, claims handling, and Travelers’ knowledge of the insured—all of which are critical to determining coverage in the Nassau County action. Because the Protective Order prohibits use or disclosure of these materials outside this federal case, I am unable to present this evidence in the state action without a modification. Courts within the Second Circuit routinely grant modification where materials are needed in related litigation and confidentiality can be preserved. In re Agent Orange Prod. Liab. Litig., 821 F.2d 139, 147 (2d Cir. 1987); SEC v. TheStreet.com, 273 F.3d 222, 229-31 (2d Cir. 2001); Gambale v. Deutsche Bank AG, 377 F.3d 133, 140 (2d Cir. 2004). Absent modification, I would once again be denied a fair opportunity to plead my case.

Page 2 of 5 Furthermore, Travelers has opposed every effort to obtain these documents outside this action, despite their clear relevance. As a result, Travelers is using the Protective Order as a “sword and shield”—producing limited documents under STRICT protection in federal court while blocking their use in the state case where those privileged documents are necessary. The requested modification is needed.

Judge Lisa A. Cairo has issued “‘so-ordered” Court Subpoenas, regarding all three of the insurance companies involved, Travelers, Chubb, and Philadelphia Indemnity Insurance Companies.

For these reasons, I respectfully request that the Court modify the Protective Order at ECF No. 244 to permit use of Travelers’ discovery materials in the Esposito v. Isaac, Index No. 900010/2023. A proposed order is enclosed.

Respectfully submitted, /s/ Luisa Castagna-Esposito Garden Place West Hempstead, NY 11552 Page 3 of 5 [PROPOSED] ORDER Upon consideration of Plaintiff's Letter Motion to modify the Protective Order entered at ECF No. 244, and for good cause shown, it is hereby ORDERED that the Protective Order entered at ECF No. 244 is modified to permit Plaintiff, Luisa Castagna-Esposito, to use and disclose the discovery materials produced by Travelers Insurance Company in Esposito v. Allen H. Isaac, Index No. 900010/2023.

Dated: New York, New York Hon. Paul G. Gardephe United States District Page 4 of 5 CERTIFICATE OF SERVICE I, Luisa Castagna-Esposito, certify under penalty of perjury that on November 10, 2025, I served a true and correct copy of the Letter Motion to Modify Protective Order and Proposed Order by filing through the Court’s ECF system, which automatically notifies counsel of record.

Dated: November 10, 2025 West Hempstead, NY 11552 Drummond & SQUILLACE PLLC.

Attorney’s for Defendant Willie Gary Stephen Drummond & Joanne Squillace, Esqs.

175-61 Hillside Avenue SUITE # 205 Jamaica, New York 11432 Christopher Chestnut Defendant Pro-se 1201 W. Peachtree St. Suite 2300 Atlanta, GA. 30309 [email protected] I certify under penalty of perjury that the foregoing is true and correct. /s/Luisa Castagna-Esposito Plaintiff, Pro Se Garden Place West Hempstead, NY 11552 [email protected] Page 5 of 5 NF GA ah oh a te ets ors Ne —_— eS Ee —a——— eee aa