MICHAEL P.

ZWEIG

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Via CM/ECF

June 10, 2015

Ms. Catherine O'Hagan Wolfe, Clerk
U.S. Court of Appeals for the Second Circuit
Thurgood Marshall U.S. Courthouse
40 Foley Square
New York, New York 10007
Re:

Washington v. William Morris Endeavor Entertainment, LLC et al., No. 14-4328

Response to Plaintiff-Appellant's June 1, 2015 Motion

Dear Ms. Wolfe:

We represent Defendants-Appellees William Morris Endeavor Entertainment, LLC, Jeff Meade,
and Sarah Winiarski in the above-referenced case. We respectfully submit this letter in
response to Plaintiff-Appellant Marcus Washington's ("Plaintiff') June 1, 2015 motion to recall
the mandate issued by this Court on May 21, 2015.
We oppose Plaintiff's motion, which is without basis in law or fact. The prior decisions from this
Court and the District Court were well-reasoned and correctly decided and no new arguments
not previously offered have been raised on the motion. The relief Plaintiff seeks is extraordinary
in nature and rarely granted. See, e.g., Calderon v. Thompson, 523 U.S. 538, 550 (1998)
(power to recall mandate "can be exercised only in extraordinary circumstances" and "is one of
last resort, to be held in reserve against grave, unforeseen contingencies"); Fine v. Bellefonte
Underwriters Ins. Co., 758 F.2d 50, 53 (2d Cir. 1985) ("In the interest of finality of litigation, a
panel will ordinarily recall its mandate only in exceptional circumstances."). Plaintiff has not set
forth a factual or legal basis for entitlement to such extraordinary relief.
Accordingly, we respectfully request that the Court deny Plaintiff's motion. Should the Court
indicate that it would find additional briefing on this motion necessary or helpful as to any issue,
we would, of course, be pleased to provide it.
Resp

ully submitted,

Michael P. Zweig
Partner
cc:

Marcus Washington (via email & regular mail)

Christian D. Carbone, Esq. (via email)

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