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DOJ Epstein Release Interview Victim Statements Evidence Maxwell
← Back to Giuffre v. Maxwell, No. 1;15-cv-07433 (S.D.N.Y. 2015)
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UNITED STATES COURT SOUTHERN DIST-4.7RIC13.5T OF NEW Plaintiff7 IN 7.2MOTION TO REOP9.1EN OF VIRG7.9INIA A HADDON MORGA-7N AND East th Ave5.1nue De5.5nver CO Case Document Filed Page of i TABLE OF C5.4O-1NTEN4.4TS ARGUMENT-6.8 I KEY AF7.9TER HER NECESS-13I22.8T-.4ATES A Plaintiff6 failed to identif-6y10 her provider4.2s-10.6 and produce th-11.8eir record-9.8s prior to her de6.8position despite this Court?s orde5.7r Plaintiff failed to produc-4.7e from iC-4.2loud and Hotmail-8 accounts-13 Plaintiff5.8 failed to addr4.8ess-11 issue of he6.6r records-23.2 obtained edu-9.2catio-9.2n re6.7cords 10and other4.8 witne-7.4ss testimon-11.2y29.8 9contra4.7dict P-13laintiff5.8?s deposition Plaintiff6 identified new 7witnesses in her Rule 7disclosures af6te-7.2r he6.8r II16 9I12.8NSTRUCTED NOT ANSW-8ER HER II6I13 CONCEDES HER ERRATA5.5 SHEE-11.7T 7THE SUB9.3J-9.6ECT RE-OPENED TO HOURS AND Case Document Filed Page of ant Ghislaine ll submi8.1 ts this to Plaintiff6.3 2s Opposition Response to Motion to Reopen position of Plaintiff6.1 223Motion and as grounds fore states as follows INTRODUCTION Plaintiff oncedes the pening7.6 her position based on a the late uction of cords concernin-8.2 Plaintiff5.8 2s medica5.6 and mental health tre4.8 tment unjustifiable fusa5.7 to answer que6.6 stions lated to statements the media ot wron-9.6 materi-8.8 al dits to her deposition testimon-11.1 thro-8.1 ta Plaintiff5.9 did not addre6.7 ss her4.9 newl-9.3 losed emplo-9.1 ment ecords and thus it should be emed dmitted Appa5.7 still contests questions rdin-7.6 other items not disclosed unt after position incl-9.2 uding8 iCloud and Hotmail emails scho-6.3 ol records rom st lls Hig9.1 School lling8.1 ton Hig8.1 School and Survivors Charter and witnesses newl identified in her Third and ourth Revised Rule disclosures is no principled-9.4 reason to clude these opics during7.6 Plaintiff6.6 2s opened sition-7.8 and Ms hould be rmitted to amine Plaintiff5.8 based on this information produced after her position althoug9.9 quested o9 The other4.9 limitations proposed Plaintiff5.9 appropriate Due5.7 to the quantit-11.3 of documents and the numb-9.3 topics two hours wi ll be insufficient to appro-6.4 priatel-11.6 inquir-6.4 More5.6 over Plaintiff 2s osition should be in person she chose to move to Austra5.4 lia from Colorado during10.8 the of this and bee6.6 in the US for ks attending10.8 witness depositions and other5.3 litig10.3 tion matter5.3 own choosing10.1 position video-6.9 onfere6.9 will be tremel-9.7 cumbe-7.7 rsome to complish ven the hundreds pag9.5 of ocuments to be Def7.2 e2 conf10.2 erred i2 cou8.2 el lain8.2 tiff7.2 reg6.2 a2 rding8.2 tion8.2 prior to its7.3 ili-6 a1 gliu9.2 ca ested erral regardin8.2 lain7.2 i1 ff f9 to-5 er qu7 on7 at h7 dep-6 sition at erral eld and a3 rds6.4 e3 red ex ple to ider eth6.3 er a esen7.3 tion7.3 lain6.8 tiff5.8 all at ia ot ong6.8 suff8.8 ice stead-7.2 a re n8 dep-5 sition8 Case Document Filed Page of covere6.4 and which necessitated Plaintiff late disclosures and sal to answer questions at her first osition ARG7.2 MENT AINTI-9.5 FF 2S ODUCTION NTS TER HER DEP10 OSITION NECES6.4 ADDITIONAL EXAMINATION laintiff-5.8 ailed to iden her health care providers and produce their ior to er sition-6.3 spite is 2s order Plaintiff5.7 concedes that mer4.7 ous medica5.5 ecords not produ-8.3 ced until fter rd deposition to wit Case Document Filed Page of I I I I urthermo-11.4 there in numerous doctors from-8.6 the releva5.4 nt time me for whom no cords ve en provid-11.5 addition to all of the treatment provid-10.5 rs om no cords ve been provid-11.2 Plaintiff5.8 Menninger Decl Plaintiff5.8 while not opposing9.8 the reopenin-11.2 of the deposition for doc6.7 uments-10 produced after that te writes to fute supposed 223baseless sugg8.4 estions of impropriet-9.8 her4.4 Response ontains additional impropriet-11.6 Plaintiff5.6 eatedl-19.6 rts that he has produced and disclosed doc5.8 uments but her rt and nts neg11 to mention that those documents ht and duced after the positio-8.9 indee5.9 up to and inclu-8.9 ding8.1 the same filed Respon-10.3 se on une hat she could not ber Dr Donohue5.2 or udith htfoot until her position is hard to believe ven she nsulted with them in the and eeks just before Responses Id Ex-8 at urthe-7.2 ll of the medical ecords rom Colorado were6.4 roduced the fense not Def5.5 endan-6.5 2s terrog6.5 ries so ident-9.1 ities location7.1 lain7.1 ti ff care prov7.6 iders dates treat-9.3 atu5.9 re ical pense-12.3 to date and releases each plicab-5.8 despite is Cou7.3 Order to er terrog6.9 lain6.9 ill ide dates treatm9.1 re treat-9 ation7.2 c1 ern7.2 pense-12 any prov9.7 iders6.8 Case Document Filed Page of I I I I I I I Plaintiff sent a subpoena-5.4 to Olson and his hospital for and then-7.2 lea5.6 rne6.7 that Plaintiff5.8 had been en other ctors there and a rele-8.6 ase which defen-7.5 se sent to Plaintiff6.4 As detailed more fulsom-14.8 in the in upport of Sanctions filed emporaneousl-22.6 the late disclosure4.8 were6.8 not due to Ms Giuff4.9 and ttorne-15.3 to great leng9.9 ths to ack down reco-10 rds have respond-11 ed to requ-10 ts for doctor 2s ecords en the defense broug9.8 ht to their attention missing9.8 doctors and rds Given Plaintiff6.2 2s reem-11 ent to submit to questioni8 ng on the late-9.9 disclosed reco-9.7 rds it is hardl-11.6 worth the urt or counsel 2s time to ain corr-7.4 ect ecord to ch of aint iff 2s misstatements lieu Ms ll here7 in orpora6.7 tes fere6.6 ce her in Support of Motion for Sanctions wh ich ddre6.7 sses of Plaintiff 2s misstatements oncernin-8.2 produ-9.2 tion of her health provid-12.1 ers ide4.8 ntities and their records laintiff-5.4 iled to produ6.8 ce ails iClo-9.7 ud Hot4.3 ounts Plaintiff6.2 objec6 ts to fur6.2 the-7 que7 stioning8.2 a4 rdin-7.8 mails from her iCloud and Hotmail accounts and submits Ms ll 2s laims regardin-7.9 these5 missin-8.9 emails simpl-11.1 false ecaus-11 she uced levant docu-8.2 ment from her oud count Resp at Plaintiff6 ig8 nore6.8 the important fact she uced them the depo-9.3 sition-259 and after Ms issued a subpoena to the email provi-10.8 he oduced on une more than one5.8 month Plaintiff 2s position See Mennin-10.9 cl Ex Similarl-8.2 following9 Ms Max-6 ll 2s subpoena to Hotmail that compan-6.9 now confirmed that Plaintiff5.9 an tive account with them and that the nt has been used Case Document Filed Page of Plaintiff since the beg9.9 ing7.9 of this Plain tiff conced-9.5 did not arch that account sponsive documents has repre6.5 ented to this Court that she will sig6.7 the rele-7.5 ase provided Microsoft obtain the ords and search the acco-9.8 Thus responsiv-9.8 emails from that account likewise will have been available at the time Plaintiff5.9 2s sition Plaintiff5.4 does not responsive emails are6.2 not releva5.2 nor can Thus Ms ll should be entitl5.6 ed to reopen laintiff6.5 2s position to inquire regar-6.5 ding7.5 those emails as ll as that prod-6.4 uced om the Hotmail count if-7 to ress of-8 er reco-11 e4 Response Plaintiff did not addre7.1 ss Ms we6 ll 2s e4 quest to e4 open Plaintiff6.2 2s deposition gardin-8.3 late-9.1 disclosed mplo-9.3 nt ecords rdin-8.3 issue should be deemed dmitted and into Plaintiff6.1 2s ment on the records rmitted tained ation-4.1 record-4.1 er tness testi-10.5 laintif-4.5 depositio9.5 Plaintiff5.7 testified her4.7 position hat she began wor4.7 king7.7 at go uring7.7 a reak om her4.7 lasses at she believed it a ummer job and that while she cannot pinpoint the act date it to the best of her recoll ectio-9.2 in or about une whe5.7 she still rs old Mennin-11.1 cl This urt orde6.8 Plaintiff5.9 to oduce her educ-5.3 ation cords and mere for5.8 position Plaintiff5.8 sig6.8 ned ases for4.8 ome the institutions she ttended in Florida ant obtained cords pursu-8.7 nt to se relea5.2 after the position despite having7.9 ht them di quest in Februa-5.7 The anscr5.5 pts om a4 Palm e4 c4 and e4 st Hills Hig9.2 Sc-5 hool dire7.1 ctl-13 contradict laintiff6.2 2s stor-6.8 ct vant bec5.7 show hat Plaintiff5.9 in schoo-8.1 during10.9 the summer of finishing6.6 on ust whe5.4 rs Appr4.6 priate eas of inquir-18.4 at a ened deposition of Plaintiff5.7 would be matching7.7 up to the cords and Case Document Filed Page of demonstrating9.7 that she not start working10.7 at Ma go until she was ars old despite her ll publiciz-8 ed claim-12 that she was a slave for e3 Epstein the age of ars old innin-8.8 in urther4.9 testimon-11.1 rom other5.9 witnesses in this case incl Plaintiff6.2 2s orme-6.9 riend eroa materiall-13.8 contra4.9 dict aintiff 2s laim Mr gueroa5.6 testified on une that he and Plaintiff5.8 rolled in an hig7.5 school and that attend-9.5 ed school tog8 ver-16 and that Plaintiff not wor5 ng10 fo-9 Epstein-5.7 Mennin-11 ger cl a3 sed on ese ne-6 c3 overe6 records Mr gueroa irmed that time period as c3 tober Mar5.9 contr-8.1 dictin-11.1 Plaintiff5.9 2s position testimon-11.1 that she a slave for rs rom and that she with Epstein constantly19.8 durin-8.2 that period sed on disco-9.1 ere5.7 cation eco rds and other witness testimon-11.7 cernin-8.7 those records Ms ll should be entitled to question Plaintiff6 at her5 ntinued deposition about those rds Ms ll lac5.5 ked those records at the time of Plain-11.1 tiff5.9 2s position because Plaintiff refus-7.6 ed to produc educ-5.7 ation records Ms well to file a Motion to Compel and obtain a Court Orde6.6 fore Plaintiff would sig5.8 a lea4.6 for rds There6.7 is no is for Plaintiff5.9 to obj ect to a continued deposition reg9.7 rdin-8.3 the obtained rds nd ness testimon-11.3 ied tnesses er sclosu-6.5 ter er deposition Plaintiff5.8 does not addre6.6 the act that she added new witnesses to her5.6 ule disclosures af6 osition The new witnesses added Ms to her4.6 Rule list tion6.6 lain6.6 iff8.6 is Cou6.6 Maxw11.8 2s to strik7.6 itn8.6 Ms Maxw12.5 ell stated-5.7 at her tion7.3 to strik8.3 be par7.2 ate t1 at ere is tion7.2 to Case Document Filed Page of are6.6 almost on-9.3es that were6.6 Plaintiff?s list information re6.8leva5.8n0t to this ca6.8se 9and 9Ms is entitled question Plaintiff6 on th8ese disclosures to deter4.8mine if information these-6.4 dis-12c3.6losed witness-11e3.7s II COUNS-12.6EL INST-4.9RUCTE-4.9D.3 NOT TO RELEVANT NON-PR-5.4IVILEG8.2ED QUESTIO7.2N.6S-9.1 IN HER Plaintiff6.1?s c5.9ounsel over their instruc7tion to Plaintiff6.1 not to answer q-5.9u.1estions at her5.1 deposition non-12.8-privilege5.7d-.1 issues.-15.6 During7.4 de6.2position the 9ex-9.6change did not4.4 ar5.2tic6.2les publishe5.2d by about14.4 your5.2 stor7.3ies to Sharon Churcher?-7 A r-7ead some 9arti-11.2cles about what Sharon C-9.6hurc6.3her 6wrote And 9a lot of the stuff that she writes she thing9.5s-.3 from own mout-13.7h and chan-9.5ges them into her own words as journalists do And neve-5.6r back her a6.4nd told her to 8corr-6.4ect was done wa5.2s done-6.8 There6.2 nothing7.4 9else 9can even-4.4 that w-6.4ere to it corr-7ect?-9.8 A There6.5 thing9.7s-.1 she printed that pi-11.5ssed me off5.7 but ther-6.3e was nothing7.7 could do about it out w-8.8ere A 9wouldn10.1t untrue just that she p-9.1r-.1inted them as journalists take5.9 and turn them into something10.1 She got it A some Did she print in her ar ticles that you 9did not say to MR EDW-5.4A0RDS and that the 5.2witnes-8s be the opportunity17.8 see document so she review and er questi-2.9on Ot-9.9herwise unable to answer the que-5.4stion not to all-11.4ow he5.7r to answ-8er Did Sharon Ch8.4urcher print that you not MR EDW-5.4A0RDS to instruct 9client not to answer unless w5h-.2at it is that 1re ab-9.3out that was printed she tell the the accur-6.9a2.9te to 6questi-5.1on without the11 document to refresh her 6reco-16.5ll-4ecti-4on and see it not to answ-6.3er the qu-9.5estion.-11 Did Sharon Ch8.4urcher print that you not say?-8 MR EDW-5.1A.3RDS Same 12objec5.9tion Same instruc6.9tion not to answer.-20 Case Document Filed Page of Chu-4.4rch-4.4er that you w-7.4ere MR EDW-5.2A.2RDS Same 12objec5.8tion Same instruc6.8tion she5.8 se-6.2es the docum-11.2ent to answ-6.6er of these qu-9.8estions Did any other6.6 repor-5.4te6.6r print en-4.4ts 7that you are MR EDW-4.9A.5RDS Same 12objec6.1tion Same instruc7.1tion.-11.8 Did any reporte6.4r pr-5.6int state-5.6m12.6en ts about 6Ghislaine Maxw-7.1el7.5l that we5.5re in-7accu-5rate?-14.2 MR EDW-4.9A.5RDS Same 12objec6.1tion Same instruc7.1tion.-11.8 Menninger Decl At no time did Plaintiff6 sh-10e could not wh-7at Churc6.9he-5.2r g10ot Mr Edwards to allow-9 her to a4.7n-.2swer the4.7 questi-14.4on unless her r5.8e-5.4collectio-9.2n wa5.6s refreshed even she nev-9.8e3r said she lacked a 9recoll ection This is a im-13.3proper instruction not to answer as improper su-7.3gg estion to his client that she needed-11.2 to a at fr5.1om Ms The instruc6.6tion not to answer improp-18.4er and Plaintiff6 should be required to answer ques-9.8t-.2ions re5.8gardin-8g10 inaccurac-5.2ies in the media re6.5ports of this it is hard to 9of an ar-6.3ea to this sing9.7le-8 count def4.7a3.5mation in 11which Ms has said that Plaintiff6?s statements to the pr5ess lies and now 9Plaintiff6 is that the pr5ess it wron-9g Plaintiff6.3?s c6.1ounsel would not allow lain-9.1tiff5.9 to answer qu-6.1estions communica5.8tions with law enfor-6cement regardin-8g10 Ms Max-9w.2ell Ms this area should be off5.6 li-13.6mits Efforts a to have5.4 9another4.6 with a 7cri-8.7me including9.5 stat-10.7ement made5.3 the of those ef-6.5for5.5ts are r-8.4e3.4flect bias and motive a5.4nd 9be used for There6.4 is no privileg11.8e 9which atta-5.4ches 10to a litig7.8a3.6nt?s pri or s-10.3tatements to law enfor-6.5c3.3ement and to the ex-9.5tent Case Document Filed Page of statements ex-8.2ist Ms should be permitted to inquire the stat-8.5ements and the c5.4i-.6rcumstan-9.4ces of 7surr4.6ounding7.6 th-11.4eir issu during11 Plaintiff?s r5e3.8op-9ened deposition Ms disag rees with Plaintiff6.4?s c6.2ontention reg the her but agrees not to inquire into-9.1 that topic during10.9 the deposition in the upc5.7oming9.9 ex-9.3pert disclosure5.5 deadlin-9.3e3.5s of the im-13.4proper instructions not to 12.2answer questions Plaintiff6.2?s de6position must be r5.2e4opened-8.8 CONCED-6.2ES THAT ER-7.7RATA SHEE7.6T SUBJECT RE-5.1-OPENED DEP11.2O.2SITION B6.3e3.1cause Plaintiff con-9.7ced-9.7es as she must th at chan-9g10e3.8s to her de6.8position testimon-11y20 re6.3flected on he5.3r 6errata sh-8.5eet are of Ms per-6.5c-5.7eives no need additional rega rding10.6 the Plaintiff?s although based on misspelling9.9s and the 7like as Plaintiff5.9 avers IV.-1638.5RESTRICTIONS TWO HOURS AND VIA VIDEOTAP13E Ms has identifi10.3ed a number of deposition and two hours is insufficient to accomp-11.3li sh that Ms Max-6.7w-.5ell seeks leav-9.7e to re7open Plaintiff6.1?s de5.9posit-11.1ion re5gard d-9.9i-1.1sclosed reco-9.9rds Email re5.9cords f-6.9rom iCloud and Hotmail inter-5.9actions with the FBI School records the time period of listed witnesses-14.5 published stories that Plaintiff5.7 Plaintiff5.9?s inter4.9actions law e5.7n-.1for-6.1cement Ms Case Document Filed Page of All of these 8.8the subjec6.2t of additi onal at deposition to address them will require more two hours Ms does not believe that seven hours will be she not use all of the first hours on Plai refus-7.3al to answer qu-9.4estions and beli-13.6eves that she will be to finish her ex-9.6amination on these topics with in a reasonabl-11.8e of time most between F5.8u-.4rther deposition should be done li ve and 10.2person not via videota-7.9p-.7e from Austra5.6lia Video depositions are6.2 difficult and 7cumber4.4some when handling9 the numbe-5.5r r-6.3ecords issue me-7.6dica5.4l reco-9.4rds school reco-9.4rds re6.6cords 10and emails as as pre5.6ss statements-10.2,-.2 er-6.2ra ta sheets and the like 16Counsel will not have the to hand over d-6.2o-.2cuments to the witness as needed.-20 Plaintiff6 arg13u-9es that her6 9childcare6.8 needs her to be in Plaintiff6.5 has spent sever-6.3a3.5l we-5.5eks in the U.S attending7.7 pe-5.6rson the de5.4positions of her and in Florida them in adv-7.4a3.4nce 9of their testimon-9.4y19.6 u-9.4pon information and belief attendin-11.2g8.8 to other 8litig9.8a tion and person-6.9al 7.9matter5.1s Plaintiff lived in Colorado at the time she f6i-.2led this litig10a3.8tion an-9d made5.8 a de-5.2cision to re to Australia She and counsel failed to disclose-8.6 releva5.4n-.4t docto-9.4rs a nd me-7.7dica5.3l reco-9.5rds e5.3m-.7ails and school re6.5cords in of deposition and she wa5.5s 10instruc6.5ted not to releva5.5n-.3t privileg11.6ed qu-9.4estions She chose to deposition testimon-11.3y29.7 fact 2749.7WHEREF7.3ORE Ms Maxwe5.9l-.1l 9re6.9que a reopen-9.3e3.5d deposition Plaintiff5.7 to include the topics do-9.4cuments disclose-8.6d after a Plaintiff5.8?s medica5.6l and car-6.2e Plaintiff6.6?s Plaintiff6.1?s e5.9ducation Plaintiff6.2?s e6mails from he5.1r iCloud and Hotmail-7.9 ac-5.3counts Case Document Filed Page of qu-9.4estion she wa5.4s ins-13.2t-.6ructed not to answer a stat-12.5ements to her in He5.6r communica5.6tions law enfor-6.2cement 9.5about Ms to de6.7po-9.1sition testimon-11.1y29.9 as on he5.8r err5.9a3.7ta Ms asks the Co9.9urt to Plaintiff6.2?s that the reopen-9.3e3.6d de-5.4position be limited to two hours or oc5.7cur via mea5.7ns Ms requ-9.1ests costs-12.6 incurre6.7d-.1 in this Motion based on counsel?s imprope-5.3r-6.1 instruc6.8tions not to answer and non privileg12.2ed qu-8.8estions Dated Respec7tfull-12y20.2 submitted,-13.4 Laura A Menninger A pro hac 10vice ADDON ORGAN OREM-9.5AN P.C East th Ave5.1nue De5.5nver CO Phone Fax-14 lmenning7.4er-6.6 hmflaw.c5.2o-9.6m Attorneys for Ghislaine Max6.8well-7.3 Case Document Filed Page of CERTIF11.4ICATE SERVI-7.9C2.8E that on this IN SUPPORT OF DEFENDANT?S TO REOPEN OF PLAINTIFF via ECF6.6 on the f5.4o.4llowin-8.6g Sig8.1r.1id McCawle-15.1y7.4 Mer7.1e4.9dith Schultz-7.4 LEX-13.3NER Eas Olas Ste smccawle-15.8y19.4 7bs-9.4fllp.com mschultz-4.9 bsfllp.com9.5 Paul Cassell-6 Universit-11.7y19.5 Street Salt UT cassellp law.utah.-9.7e3.1du Edwards F6.4A.4RMER EDW-5A.4RDS FI14.1STOS North Andrews Ste brad pathtojustice5.5.com-14.1 S7.2tanley21 Twin Rd South Salem NY StanPotting10.1e3.9r aol.com Nicole Simmons Nicole Simmons5.7 Case Document Filed Page of
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