Unite7.3 Stat6.5 es Distric-6.7 Court Souther7 Distr6 ict Yor6 Virg13 inia Giuff6 Plaintiff5.8 Case No S4 Ghislaine Max-9 ll ant AINTI-9.7 2S MENT MOTION OR VERSE ENCE INST-5.1 RUCTION BASED ON NEW ATION Plaintiff5.9 Virg12.9 inia Giuf-6.1 and her ersig9.9 ed couns-9.9 el her4.9 files this Supplement to her Motion for Adverse5.7 nc Instruction sed on for5.6 mation-5.9 Eleven months into this case and after the close of act scover-16.3 ant continues to fuse5.5 to abide her most basic nd fundamental disco-6.6 ations A summar-6.3 of this and willful non-complianc5.6 as well as a supplemen her motion for5.7 an se infere6.6 instruc6.7 tion based on new information-5.6 follows Mo st notabl-9.4 Defe6.7 ndant ims to have run searc6.1 rms and viewe-5.9 over documen but mar5 claims that not a sing9 le document not one is leva5.7 nt to this litig9.9 tion and there-5.3 for5.9 roduc6.7 ed othing9.9 with respe-6.2 to the sear-7.2 ch I CTUAL BACKG5.8 OUND On tober Giuffr5.8 submitted rst set of Reque5.6 sts for oduction ant iled to a reason-10.6 able searc6.2 production of her doc6.5 ts and Ms Giuffre6.4 soug9 ht relie-5.2 f6 rom the Co-9 numerous times Case Document Filed Page of Plaintiff5.9 2s Response in Opposition to ndant 2s Motion to Discov-9.1 DE De6 e4 ndant 2s Motion to Sta-7 nied Plaintiff6.1 2s Motion to Compel Defe6.9 ant to Sit for position D5 ranted DE Plaintiff6.2 2s Motion to mpel Doc6 uments Subjec6 to mprop-7.8 er Claim of Privileg11.2 Granted in Part Plaintiff6.4 2s Motion to mpel Doc5.7 uments Subjec5.7 to mprop-8.1 er ctions DE Granted in rt Plaintiff6.2 2s Response in Opposition to De ndant 2s Motion for a Protective der Reg10 rdin-8 Defe6.9 ndant 2s position ndant 2s Motion Denied D5 Plaintiff6.4 2s Moti on for nsic amination Granted in part une Sealed Order Plaintiff6.3 2s Motion to mpel ant to Answ-5.5 er position Que6.1 stions Granted une Sealed e3 Plaintiff5.8 2s Motion for A5 dverse5.6 nce nstructio-9.2 Pendin)-11.6 Plaintiff5.6 2s Motion to Enfor4.6 ce the Court-9.6 rde6.4 Direct ant to Answer position Que5.6 stions DE Pendin-11.2 une this ourt Gra6.8 nted in Part Ms Giuff5.9 re 2s Motion for nsic am and directed ndant capture da6 a nd mutuall-13.9 upon earc6.1 rms The Court also ordere6.1 ant-9 to produce docum-11.9 ts to Ms Giuffr5.7 This part of the Court 2s Orde-5.7 is not under sea6.4 and can ound at DE On une and on counsel for5.8 Ms Giuffre6.6 sent lette-6.3 rs to ant following9.8 on this Order nd proposing9.8 arc6.6 rms ttached as hibits to ndant did respond The deadline passed without produ-9.4 tion-6.9 Defe6.4 On Ms iuffre6.5 moved for adve-5.4 rse5.5 infer-6.3 instruc6.5 tion Thereafter Court ied Defe6.5 ant 2s motion to strike Ms Giuffre 2s motion for adve-5.4 rse5.6 infere6.5 ce instruc6.5 tion ecting parties to mit searc6.5 ter4.7 ms to the ourt on Aug9.7 ust advising9.5 that briefin-8.5 dule nd the submi-12.7 ssion date will be set afte-7.7 ch terms deter4.8 mined Pursuant to this Court 2s on Monda-16.1 ust Ms uffr5.6 filed the list of searc6.4 terms that Ms Giuffre6.4 lieves uld be run over e3 e3 ndan-9.8 2s data DE Case Document Filed Page of II DISCUSS-6 ION5.5 At a minimum the Court10.5 should direct ndant to run the sear-6.2 ch terms the list orig8.2 inall-21 submitted Ms Giuff5.9 broa6.8 the Court should Ms Giuffr5.9 2s request for5.5 an rse5.3 nce based on the incur-6.5 ble prejudice she has as a sult of ant 2s failur-6.3 to with her discov-8.3 oblig9.7 ations and this Court 2s une Order A De6 e4 ndant sal to Eve4.8 Ms re 2s as a Sear-5.3 ch ant has been recal-11.5 citra6.5 nt in running7.7 even most basic sear-7 ches of elec4.8 tronic data ample in a letter4.7 sent on une and in a meet and confer ll on counsel for Ms uffr5.4 asked ant to run Ms Giuffr5.5 2s me a ch term to find documents sponsi-13.9 to or ample Ms Giuff5.8 re 2s Request No which soug8.8 ht ant 2s documents lating7.9 to Ms Giuffre6.7 hat quest refuse5.7 writing6.6 on rida-14 at EST See McCa-5.1 cl at hibit p.m rom ee to Schultz-5.5 fusing9.7 to Ms Giuffre6.6 2s me a sea6.6 ch term as rt of eff5.8 rt to identif-6.2 nsive documents Spec)5.6 if ica5.9 Mr 2s letter id that such a sea6.1 ch term was inapprop-9.7 riate ecause it rante-7.8 to gener-6.6 te 223thousand-9.6 of hits Case Document Filed Page of Ha5 ving7.2 esented that unning7.2 Ms Giuffre6 2s that-12 name was an traordin-11.8 and unre5.8 asonabl-12.3 task antee5.4 to thousands-10.2 of hits and someone uld have5.4 to review cCawle-15.6 cl at hibit at emphasis adde5.4 a re three days later on Monda-6.5 ust ant seemin-9.4 vers-7.2 ed her position ented to the Court that she had in run Ms Giuffre 2s as sear-6.6 ch terms DE contrar-16.9 to the evious claim that it would be normousl-21.4 rde6.6 nsome to sort throu-7.2 these hits ant now claimed hat she had not found sponsive documents.-15.2 is possibl-6.7 that ant cha5.3 mind er the weekend and sed course5.3 And it is possible that ndant did run those recentl-13.5 contested rms ver the weekend And it is possible that Defe6.4 ndant over the weeke nd thered a am of rs to view the 223thousands of hits terms And is possible that not a sin8.7 le of ant 2s thousands documents bearin-8.3 Ms Giuf 2s me was nt to this action All these thing10.2 re7 possible,-6.8 but none is likel-11 Either an 2s fusa5.3 to en include Giuffre 2s me a arc6.4 rm ither in in the position she took on Friday19.9 is evidence of Defenda nt 2s continued bad ith and complete avoidanc5 of e3 discov-9.8 obl-12 ations The case cente-8 on Defe6 ant 2s Case Document Filed Page of In your June letter apparently acknowledging the overbreadth of the RFP you suggest the defendant could respond by conducting an electronic search for plaintiffs various names-searching all documents in defendants possession Setting aside that this is not what the RFP asked for that too would entail an extraordinary and unreasonable amount of time and money since plaintiffs various names are guaranteed to have thousands of hits and someone would have to review every hit to determine e.g whether the document previously was provided to you whether the document is not subject to production because of privilege or whether it was a false hit What would be the purpose of such an enormous expenditure of time and money You have not said but it appears fairly obvious that this is fishing with a drift net We decline your request to engage in this exercise stat-10.7ements made about Ms Giuffre 9Obviousl-12.2y20 Ms Giuffre6.9 a c6.8o0mpellin-9g10 need to obtain Defe6.5ndant-11.6?s doc5.4uments about her 9a nd she has requ-9.8e-6s-.6ted Defe6.1nd-9.8ant?s communica5.5tions 6.2her concernin-8.4g9.6 Ms are to this ac6.7tion bec-5.3a3.7use 5.7has created multiple dra6.6fts of statements to the press defaming9.8 Ms Throug9.5hout the months motion practice these issues 10and thr-8.5oug9.5hout all of the meet and cou-9.4n-.4sel ha pres-10.5ented 9case supp-10.7orting9.3 the position that documents the possession of the De fe6.3ndant 11and containin-11.5g9.5 9ex-9.5plicit refe6.3re6.3nces to Ms Giuffre and not subject to discover-16.3y19.7 Defe6.6ndant-11.5?s refus-7.2al to Ms Giuffre?s name a term of Ms Giuffr-6.5e re-5.3quests for production in of the defa6.4mation claim in this case is so unfounded obstruc7.1tionist that it co10.2nstitutes a violation of this Court?s Order or not De5.8fe6.8ndant in the and unre5.6asonabl-12.5e task of the term ov-8.7er the The refus-7.1al to run this term is in-11.1appro-6.1priate in of this Court?s orde5.7r directing9.3 Defe6.2ndant run 9upon searc6.1h-.7 is impossible for Ms Giuff6re?s c5.8ounsel to working8 9with opposing counsel to craft appropri ate terms wh-11en to 11ex-9.4tend min7.6imal coope5.4ra6.4tion-6.9 fi-8.3rst Giuffre?s multiple attempts to neg10o0tiate then the 7deadline to produce docu-9.4ments and then to run the most ba-5.5sic searc6.5h-.3 The 9first term that should be run in this defamation action the most fundam-11.7e3.3ntal ter4.5m is Ms Giuffr-6.2e3.6?s na5.6me Defe6.7nd-9.2ant?s to run that term is palpabl-9.9y19.3 to co-9.5opera6.4te is ev-9.5en more Ms e5.3x-9.5tensive eff5.5o-.5rts to provide to Def-6.5e3.3ndant Ms has 10complied with overl-18.6y Case Document Filed Page of broad discover-16.2y19.8 requ-9.2ests that soug8.8ht documents doz-5.4ens of individuals including9.8 Ms Giuff6.1re?s To with 11these5 ex-9.7traordinaril-23.9y19.3 bro-6.7ad re6.1quests Ms Giuff5.9re6.7 9constituting9.9 the na5.7mes of all these individuals ex-9.1ample Ms Giuff5.6re6.4 run the as including9.7 name over da6.6ta Ghislaine the the Epstein Epstein Epstein Roberts the Ms Giuffre6.6?s brother Robe-5.1rts the na5.9me Ms Giuff5.8re?s mother to date Ms 11Giuffre6.4 produ-9.4ced doc6.4uments-5.9 in her 9possession-5.9.-.4 F5.6act has closed Ms Giuffre6.2 requested that Def-6.6e3.2ndant searc6.2h-.6 terms with her as as March Court ordered to run agreed upon terms-13 and produce 9re5.6lev-8.2ant do cuments Defe6.4ndant 9.7has to mak-7.4e document production pur-6.1suant to this Court?s Order.-8.1 De8.3fe6.3ndant Other to de-5.7adline to produce 9documents pursua5.5nt to upon terms and recalcitr-9.2ance in documents re5.3lated to Giuffr5.5e not the 9ex-9.5amples of failure to make appropriate claims to have5.4 a number4.6 of Ms Giuffr5.6e?s ter4.6ms claims that such a searc6.4h-.4 no re6.5sponsive do-9.4cuments save5.4 the few to Defe6.5nd-9.4ant?s privileg11.5e 11did not provide information to show wh ich terms re6.8sults or how r-6e3.8sults claims to have r-6.4e3.4viewed over Case Document Filed Page of documents containing7.6 sea6.4 ch ter4.6 ms and states at none a sing8.4 le one the documents are6.7 sponsiv-9.1 or vant to the issues-7.9 this matter ndant-11.3 2s esentation is simpl-10.5 implausible as a view of ndant 2s teractions with seve-5.6 the important rs in this case make5.7 clear.-8.7 i Ross Gow The Court will recall that-9.6 Ross Gow is Defe6.5 ndant ondon ased pr-7 ess ent who shar5.8 es ant 2s attorn-9.2 Philip rde6.7 and ho connected with ndant-11.4 2s statements about Ms Giuffre6.6 in and dant admitted that she used Mr Gow in in lation to Ms Giuffre 2s claims And then low is an email from Philip B5 rde6.8 to ou and oss Gow on nuar-6.2 Do A Dear islain-11.7 as ou know ve en workin-11.7 behind the enes and this ticle omes from at lps but doesn-8.3 swer the VR aims will the criminal alle-7.1 tions out This shows the MOS will5.9 print truth not just a voice6 piec5.9 We can ke the truth makin a atement.-15.4 What did he mea5.6 whe5.7 he said will the criminal alle-7.2 tions out wha5.8 he referr6 A have no Max-6 ll Tr at Apr6 il McCawle-15.2 cl at Exhibit ant has admitted hat ain used Gow in to issue statement relatin-11.1 to Ms Giuffr5.5 This is an mail from on nuar-16 to Philip B5 rde6.8 and Gow The statement ou had for5.5 ou earlie-6.7 that if pull that in front of ou one ess ease at ou gave ou ht now from memor-18.5 the press lea5.6 that ou issued ith the statement about Virg10.8 inia issued in or aroun-6.2 nuar-6.2 A As best as ecoll-14.2 ll Tr at A5 pril cCawle-15.4 Decl at hibit7.6 Case Document Filed Page of retain-9.5ed counsel to Mr Gow Did 9authoriz-6.5e3.5 Ross Gow to issue that statement on in of A testified that 11that wa5.6s done De5.7p Tr at A5.1pril Decl at Ex-8.1hibit7.7 both 7and communicated with her 6counsel c-7.5o-.3mmunica5.5ted with her4.5 public relations 9.2agent and caused a st-12.7ate-7.7ment Ms Giuf-8.5fr5.5e to be publicall-13.7y19.5 wh-7.5ere6.3upon it disseminated Ye5.3t Def-6.5e3.3ndant claims she has no communica5.9tions re5.9lated Ms Giuffre6.9 the-7 6.5handful of communica5.9ti-13.1ons this Court ordere5.7d to produ-10.1ce the Court?s in camera re6.4view ii Eva Dubin-11.2 also appears be claiming9.7 she had not had e6v.2en a 19.1communica6tions with Eva Dubin long time wh-7.2ose husband wa5.6s implicated abuse Ms Giuffre6.5?s d-9.2e3.6position testimon-11.2y22.3 ad-7.2mitted that she is friends with Eva Dubin and admitted to visiting8 her home from time to 10Eva Dubin one A De5.7p Tr at A5.1pril Decl at Ex-8.1hibit7.7 You f5.6rom to time being7.6 at the 9.1Dubin residence A De5.7p Tr at McCawle-5.3y19.9 9De5.7cl 11at The Dubins c-5.8onnected to this ca6.2se Rinaldo the 12Dubins butler wa5.1s in tears r-6.7ecoun-9.7ted Defe6.1nd-9.7ant a to Eva Dubin?s home The in utmost distre6.9ss told Rizz-5.1o th at D12e3.6fe6.6ndant stolen her p-9.2a3.6ssport and tried to make5.7 her with Epstein on his private isla nd and then thre-5.7atene5.3d-.6 De5.2p Tr at Case Document Filed Page of une cl at hibi5.4 Ms Giuffre6.4 also implicated Eva Dubin 2s husband Glen Dubin-5.2 as someone who wa involved in and Epstein 2s traff5.6 ickin-9.4 And ant would have5.4 he Court believe that ndant and her riend never ommunic-7.4 ted ut Ms Giuffr5.8 2s testimon-9 There6.8 are6.8 no emails no tex-9 messag12 es produced i Do ou memb-9.4 er speaking7.6 with a male name A Yes And is that did ou lea5.5 rn rom about THE TNESS orre6.3 And wha5.6 did ou erstand nter4.8 action with pstein to be THE TNESS was alle-6.6 ating Epstein at the me And nd ommates.-255.8 During7.7 at time had met with and went sho-3 pping with ere rchas-11.3 ems from Victoria-7 Secr-6.8 After ending7.2 the e3 the-8 e3 over to the Pal-12 c3 house whe5 Epstein ested to see5 was rchased She wa5 ittle-8 reluctant initiall-13.3 but cause that it was his at purchas-9.9 ms she showed the outfit that she had purch-9.5 ased at Victor-6.5 Secre6.4 had her to it on at which time she did She nt bac5.5 to the house at another-256.4 time where6.5 she oing7.7 to et with and ein nt for a ride had Case Document Filed Page of massage which Epstein lked in while she getting9.4 a asked her to turn over pose asts to him think he ormed hirop-8.2 ctic move on her nd she comple-6.5 uncomfo-8.4 rtable with he situation Recar-6.7 Dep at une McCawle-15.9 ecl at hibi-3.9 eed one the witnes-8.9 ses ho gave testimon-19.3 in this case Even ndant has admitted involv-9.3 ment with her and Epste-7.5 in Does know Epstein A Can ou ask ain ease Does know pstein A What do ou mea5.8 know Has she met him befor5.3 A ecollect a time whe5 ve se-7 en with e3 but You ar-7 not sure A know know either other testif-16.3 to a mee5.5 betwe-5.5 them Max-6 Tr at Apr6 il Cawle-15.2 cl at Exhibit do ou think that ht Case Document Filed Page of A B8.7e-5.5cause kno-9.3w 9know De5.8p Tr at Decl at Ex-8hibit Ye5.5t now wants this court to believe that she has no re5.5sponsive 8.9co-9.3mmunica5.5tions to this ca6.9se F11.1a.3ilures Search All Em13.3ail Acco-8.7unts Perha6.1ps part of that has fail-13.9ed to produce 9re6.2sponsive 9document still refusing10.4 to collec6.2t da-6.8ta f5.4rom all of her e6.7mail a-7.3ccounts pa-5.3rticular Defe6.7ndant has collected da5.2ta from her-10680.2account.-261B6oth email-14.2 accounts li-4.2sted as pa-7.1rt of contac5.5t information the polic-7.5e from E-7.5p-.3stein?s home turned over to the Palm State as pa-6.2rt of the investi-14.3g9.9ation and p-9.1rose5.8c3.7ution Epstein-18.4 See DE Palm Beach State Attor Offi-8.7ce Public Recor-6.5d-.5s Request No Disc mindspring9.8.com As-251.6evidenc5e3d 9fr5.2om the collection was email addre6.5ss used 8while she wa5.5s with Epste-7.5i-.5n Id with this Court Defe6.8ndant re5.8pres-10.8ented that this was a account-11.7 to use when for5.5 retail notific4.8ations and the and that it contains no documents c6.6ours-7e if she the email addr-6.4ess was De5.6fe6.7ndant whi-9.4le she wa5.6s with Epstein 9and hasn?t that disclosed and This Cour12.6t should order disclose all email ac5.1co-9.7unts she has used fr5.7om to the present Case Document Filed Page of At an-9 te both-252 ecent testimon-11 in this older5 testimon-9 in a ted completel-9.6 lies Defe6.2 ant 2s claim that her unt was merel-21.9 spam Epstei house mana-5.4 uan Alessi testified that in use the Epstein household to send and receive-257.3 messa-5.5 a househ-9.3 old to which ant belon-9.3 ed So when there would be a messa-5.8 ge from one them while were6.3 of town would call ou call on the phone A haven-9.3 spoken to islaine in ars Sorr-5.8 a3 lki-4 when ou worked and ou would eceive a messa-5.9 e3 that coming9.8 into wn would that be of ephone Telephone5.4 and ther4.6 a stem at house that it MindSpring7.6 MindSpring8.3 think lled that it like a stem that would-11.3 come rom the office hat is MindSpring7.9 a think it the of fice5.8 wo-7 uld have5.8 like a message stem between him the houses,-10.4 the his frien-7.4 would write a message on the computer.-498.2 Ther-6.2 no email at that time wha5.3 puter would ou computer in office And so was rt of our routine to to ur computer nd to see if ou had MindSpring7.9 messa-5.3 hat was at the end of hat wa the end involved with that too ut it was a ge stem that ived two three hours with the messa-7.8 that would-10.6 have to to the off5.4 York and will print it and send it to the house and would hand it to him Did it look like the message pads that been looking9.4 No no nothing7.9 like that it d-out Case Document Filed Page of i i A ped-out ages ust plain one mple of how it would that Ghislai-11.5 ne nted to send him a messa-5.5 on MindSpring7.7 How woul-9.5 that A An Sure A ot so ridiculous the nd of That Mr Epstein instea5.6 of talking9.8 to me that he nts a of ee he will call the office-7.6 the off5.7 would-9.3 pe it would send it to me nts a of or nts an oran-9.3 juic-5.5 out the pool would ll the ice5.6 in New rk ould then pe it in MindSpring7.8 A Send it to me How would ou to check How would ou know to look for5.6 this MindSpring8.2 A cause wa5 in the office.-7.3 wa5 there there.-7.5 And we e3 a al en it come on nd ve ot A it thing7.6 put That7.8 left Do ou who up the mind spring9.7 A a computer a ompute-5.6 who worked Mar5.8 rk mber he local to Palm A No in New York up from New rk Mark umbe-7.3 member came to Palm ach to up the stem at the Alessi Tr at une Decl at hibit-9.1 cordin-11.3 mindspring9.7 a ser5.7 er set up for ein and his household to use to communicate to one another5.1 and in ct used in this manner.-10.2 Case Document Filed Page of The sworn testimon-11.5 nusz-6.7 nasiak another4.6 of Epstein 2s house mana-5.6 rs om the case L.M Jeffery ein and Sarah Kellen ves a fuller e3 e6 entation of e3 ndant-11.2 and others in Epstein 2s sex traff5.4 ickin-9.6 used eir accounts on Epstein ndspring10 rve6.8 ou awar-6.2 that Mr Epstein used a Citri10.6 prog12.8 to link rious computers?-13.3 Did ou know that?-19 A Yeah use Citrix-8.4 too in computer for5.6 ang9.6 mails and roug12.6 nter4.6 not something9.8 hat ou You were6.6 in the loop of the shar5.6 of information in the house in terms of the omputers ing7.6 connect-11.6 ed throug10.7 ser5.7 A reall-23.6 know at how how to answer our question becaus-10.3 Citrix-8.4 for the whole tion to exc5.6 e-mail between emplo-9.2 All rig7.7 ht You used ter4.7 A So even computer-6.6 is connected to Citrix-8.2 can receive il and mail information to emplo-9.3 within aniz-7.5 ation ut know if can ee to each computer hat is on another compute-5.3 You have ed the aniz-7.5 atio-6.5 ou can shar5.7 within the org9.7 tion hat do ou just so can erstan-9.5 wha5.3 re calling7.5 the organiz-7.7 tion wha5.4 do mea5.3 that A People emplo-9.6 Epstein Ther-6.6 a few groups of ople office5.3 in York and ess The mentioned conspi-12.9 tors Sara6.1 llen Adriana5.1 Ross dia inkova So ll to them in a minute-5.9 but first just so on the track of who was in the org9.7 ion is Sara6.5 llen ana Ross nd a Marcinkova ll people that ou would also consi-12.3 der ithin the tion9.9 A So just three names-6.3 to Who else oul7.8 you co10 nsid-5.8 er islaine Maxw-6.4 ell Case No Circui Court of the tee6.1 nth udicial Circuit in and for Palm ach Case Document Filed Page of A Yes F9 rua6.6 Emphasis adde5.6 cl at hibi5.1 ant 2s email acco-9.5 unt par5.8 of Epstein 2s account throu-9.3 which communica5.5 ted with emplo-9.3 and othe-7.5 members of his household including9.5 his conspira6.3 rs Sarah llen dia inkova and the ndant This email account likel-19.5 has or of ommunica5.3 tions between and Defe6.3 ndant and Epstein fendant and Sarah llen ant and dia Marc6.5 inkova nd othe-7.5 rs This email account is one ost likely to have6 the most releva6 nt docum-11 ents in this ca7 se as it used Epstein and his traff5.6 ickin-9.4 ganiz-7.6 tion The fact hat this account account for5.6 the ole purpose of enabling9.6 ant and others to communica5.5 te with Epstein has no communica5.7 tions ith Epst7.7 ein or the other4.9 co-conspi-12.3 tors is tremel-9.3 strong9.5 indicia that someo-9.5 ne destro-19.5 those email communications Their struction nts an advers-7.2 infere6.4 instruc6.4 tion-7.6 And the lea5.8 st the Court should dire6.8 ct ndant to trieve6.3 a from Citri10.3 ser5.5 ver pplicable rver upon which the mindspring9.7 com ccount hosted The6.5 Acc5.5 The count ears Defe6.5 ant 2s initials and again listed as par5.9 of onta-7.5 information gather ed the polic-7.6 Epstein 2s home nd turned over to the Palm Count-11.3 State Attorne-14.3 as rt of the investi-14.3 ation and rose5.8 ution Epstein-18.4 Case Document Filed Page of Gh lain Maxwell See Palm Beach State Of fi-8.6ce Public Recor-6.4d-.4s Request No Disc at of to searc6.6h-.2 this important email ac-5.4count 9production 7fr5.5om ter4.5ms will incomplete this fa5.5ilure is 7.5particularl-18.5y18.7 prejudicial as this appears to be th one used while she Epstein and therefore the one5.3 during7.5 the time pe-5.7riod was 9Ms Defend-9.8ant does not appe-6ar to ha ve pu-10.2rsued to acc ount 9This 5.5inacti-3.4on lies in stark c6.8ontrast to Ms 6.1Giuff6re to rec-5.7over da6.4ta Ms Giuf-6.5fr5.5e sent ex-10ecuted to Microsoft for 9her inac-5.7cessible ac count-10.8 10and even issued 9a Rule Subpoena5.4 to Microsoft for the on of her account data Decl at Microsoft Subpoena At a minimum 6.5the Court should direct th to take th-11.7ese steps to access the earthlink.net email An Ad-4.5verse of this clear a6.7nd 9persistent patter4.9n of Court should instruct-21 the that can 7an a-6.4dverse infe-5.4ren-10.2ce that the 7Defend-10.4ant has relevant evid-10.4ence has to pro-6.1vide r4.9e3.7sponsive informati-11.3on And even if were at this late date to run Ms proposed te-7.4rms over he6.6r whi-9.4ch has be-5.4en collected a produ-9.5c-5.7tion would be 6.9both untim7.3el 9and prejudicial discover-16.7y19.3 has 10closed Numerous de5.3positions ha-6.7ve been 9Ms Giuffre6.4 without the 7benefit of these documents The window authentic-7.5ating9.7 do-9.3cuments throug9.7h d-9.3e3.5positions has shut Ex-8.3pert re6.3ports due 9at the of the month and Ms 7ex-9.6perts do not have5.2 the be5.2ne-5.8fit of these do-9.3cumen-7.3ts p-7.3roduc6.5tion of inf-8.3o-.3rmation-7 robs Ms Giuffr-6.3e3.5 of pr-6.3actical to use the discover-5.7y20.3 Case Document Filed Page of The Second Circuit has s-11.5tated doc witnesses or informati-11.7on of kind releva5.7n-.1t issues in litig7.9a3.7tion is or wa5.7s 9.9within the e5.8x-9.1clusive or c-5.3ontrol of and is not provided adver-7s-.8e infere5.8n-10ce 9can be against the withholdi-16.1ng Su-9.1ch adve-5.3rse5.7 infere6n-9.9ces as a c5.9ons-10.7eque f4.8a-6.4ilure to make Bouzo Citibank N.A 9at S.D.N.Y citations omitted-10.1 The continued and 9obstruc6.7tio-6.6n-9.1ism even following8.5 the 7Court?s order an instruc6.4tion with regard to Def-6.4e3.4ndant?s do-9.4cu-9.4ments appropriate An adverse5 instru-6.8c-6t-1ion is appropriate when 9a to turn ov-9.3er doc6.5uments in defianc-5.4e3.6 of Court O-8.7rder See Lyondell-5.4-Citgo Ref-11.4i-.4ning LP Petroleos de Venezuela S.A at applic-5.6ation to set aside Peck?s order 9an 9adverse4.9 in ag9.8ainst de-5.4fe6.6ndant f5.8a3.6ilure to produ-10.8ce documents that the Peck had to produce bec-5.8a3.2use failure to evidence within its control creates a pr-6.3esumption that evidenc5.5e3.5 9would be unfa6.7vor-6.2able to that 9an should be a-9.2pplied with to Defe6.7ndant?s fa6.4ilure to produce in ord-8.5er to ensure5.3 9fa6.4ir other Doe4.9 U.S Civil Service6.1 Commission Supp S.D N.Y citing International Union NL-6.1RB U.S App D.C An a5.3dverse5.3 infere6.4n-9.5ce the rem-11.7e3.3dial purpos-10.3e of the to the same position he would have5.7 be-5.3en in absent th dest-12.7ruc6.3tion of willful refusa5.3l-.7 to produce-8 ev idence opposing9.6 Corp Donziger S.D.N.Y an 9advers-7.6e infere6nc-6e defe6.1nd-9.7ants produce doc-5.8uments pursua5.5nt to the District Court?s Where)6.6 8.9adverse5.5 is on the ba6.3sis that the e5.6v-.2idence wa5.6s not pro-6.2duced in time for use 6at trial the se-6.4eking7.8 instruc6.6tion must Case Document Filed Page of show that the 9control over the had 9an obligation to p-9.4roduc6.4e it that the that 9fa6.7iled to produc-5.2e the 7evidenc5.4e3.4 9culpable 9state of mind and that the missing6.5 is to the cl-11.7aim or such that a reason-10.5able trier5.9 of fact could find th-9.1at it would support that claim or Id Resid-12.1e3.7ntial Funding Corp Financial Corp 2d Cir as discuss-11e-5.4d in detail in Ms Giuffre?s Motion for Adverse I12.4n-.6stru-9.6ction 9an 9adverse5.2 is app-8.6r-6.6opriate the documents that is withhol ding under the Sec5.4ond test set forth in Reside-8.1ntial Funding has admitted deleting7.9 9emails as this Court noted in its Orde5.8r has not collected wh-9.4at data from at lea5.4st half e6.4mail a-7.6ccounts An is 9appropri-8.5ate if the complianc5.5e3.5 to Defe6.6ndant-11.5?s de5.5s tructi-13.3on of evidence See Brown Coleman at Sept a violates a court order either eviden-7.6ce wh-7.6en 9directed to it or to produ-8.6ce information data has be-6.8en Rule of the 9Federa6.7l Rules of Civil Proc6.3edure6.3 p-9.5rovides that court impose a rang9.9e sa5.7nctions includi-13.3ng9.9 dismissal or judg8ment def-6a3.8ult preclusion of evidence impos ition of an adverse5.5 a6.4ssessment of f-6.4ees and Fed Civ see Residential Funding 9Corp Financial Corp 2d also Essenter Cumbe5.6r-.1land Farms Inc6.9 N.D.N.Y and Rule Civ stor-9.4ed info-8.4rmation that should have 9been in the 9ant-11.6icipation or conduct of is lost-4.9 becau-9.7se a to 9r-6.6e3.3asonable steps to pr-6.6eser-6.6ve the court upon findin-9.1g9.9 that the with the 6.2intent to deprive a5.7nothe-7.3r of information?s use in the litig9.9a3.7tion presu)-10.1me that the lost information was unfa5.7vo-9.1ra6.8ble to Case Document Filed Page of the instruc6.8 the jur-8 that it or must sume the inform-11.2 tion unfa5.9 vo-9 ble to the dismi ss the action or ente-7.4 fault judg7.8 ment The Court also wish to consider the possibility19.5 of a havin-11.5 a utral hird-part-18.7 pert view ant produc5.7 tion her filing7.1 with the Court on ust ant repr-6.6 esented at ran hund-9.6 ds of searc6.2 rms including7.4 names of ople involved in the traff5.7 icking9.7 with whom she still associates in the esent and ot ro 223hits for them hat is strong12.6 indicia that ant intentionall-11.6 leted documents This strong10.8 ests that leva5.6 nt cuments either lie in the two email ccounts that not searc6.1 ed or Defe6.1 ant deleted these comm unica5.6 tions ndant does not state that the individual who amined ant 2s devic-7.4 atte-6.3 mpted to cover ant 2s deleted email and other documents or attempted to identif-6.3 if nd whe5.5 a rd ive thes-8.4 umstances Court should allow an indepe5 ndent forensic pert revie-8 the computer and all il accounts to deter4.8 mine whe5.3 her4.5 sponsive mate-5.7 rials ists and have either not been roduc5.9 ed or have en delet-10.1 Court could then use at information in deter4.6 mining7.6 ether4.6 an adverse5.4 infere6.4 is appro-9.4 priate.-11.3 I CONCLUSION or the reasons set rth above Ms Giuffre6.5 sp tfull-12.4 quest that this Court ant her motion for an advers-7.2 instruc6.4 tion rsuant to Rule and with respe-6.6 to the elec5.5 tronic cume-7.5 nts and elec5.5 tronic communica5.5 tions that this Court10.5 Order-6.3 her to produce allow a review of mputer evaluate ether4.6 ial intentionall-13.6 deleted and direct dant to cover mai-9 ning8.2 mindspring10.2 c4 om dat-12 a4 om the applicable serve6.4 Da6 ted ust Case Document Filed Page of Respec7.1tfull-12y20.2 Submitted,-16.5 Sig8.7r.7id Sig7.6r-.4id Pro Hac Mer5.9e3.7dith Schultz-5.3 Pro H5.1ac B7o0ies Schiller5 F6.2lex-7ner Olas Suite Da5.4vid Boies-10.9 B7o0ies Schiller5 F6.2lex-7ner Main Street Armonk NY Edwards Pro F6.6A.7RMER EDWARDS FI23.5STOS 9L11.3E.4HRMAN North Andrews 8Avenue Suite F5.7l-.6orida Paul Cassell Pro H4.4ac 9Vice Quinne-5.2y30 Colle-5.2g10e of Universit-13.6y19.6 Universit-11.2y20 Salt UT This business a-5.3ddre6.7ss is provided id-11.9entification and 9.7corr-6.9espo-10.9ndence pu-9.9rpose5s-.8 and is not intend-9.1ed to in-14.3stitutional endorsement 9.7the Utah-9.1 for this private-5.2 re6.1pres-10.5entation Case Document Filed Page of CERTIF11.1ICATE SERVICE-9.3 I HE-5REBY CERTIF8.8Y that on the 8th of A5u-9.2gust filed the document the Clerk Court the CM/ECF 9also the document is this on the individuals identified below via transmission of Notice5.6s of Ele-6.4ctronic A HADDON FOREMAN East th Ave5.5nue De5.4nver Color-8.4ado Tel Email lmenning7.5er jpag11.8liuc-5.4a Sig8.2r.2id McCawle-15y7.2 Case Document Filed Page of
