United D5.7i-3.7strict Southe8.2rn D5.6i-3.8strict of Virg13inia Plaintiff5.8 Case Ghislaine IN OPP11.7OSITION TO SECOND MOTION TO COMP13.7EL AND SANCTIONS Sig7.6r-.4id Pro Hac Mer5.9e3.7dith Schultz-5.3 Pro H5.1ac Olas Suite Case Document Filed Page of i TABLE CONTENT9.8S-8.7 I II16 DEF9.1E-.3NDANT BE II6I13 TO 9RESP-6.3ONSES TO A No Ms Giuffre Counsel 10Communica5.5tions th9.7e Media Outside the Scope5.9 of Rule a5.9nd Attempt at 9Collection Would be is in 11Possession of Ms Giuffr-6.3e Communica6.4tions the Media No No No No Ms Giuffre6.8 Answer-6e3.8d This 11I13n0terro-6gator-18y20 Completel-9.2y This Court Has 9Ruled Against on Medical Records so is Estopped F5.8rom This This Request is 9Burdensome and Unde5.7r York The 9Applies to These No This Discover-16.1y19.9 is Barred-9.1 This Request if Propounde5.6d for5.8 Purpos-8es and Hara6.6ssment-26 This Request S-6eeks Case Document Filed Page of ii Assault Records 6.5are a Medi-12.3cal Event and 7Are This Court Order-7 I13.1n-8.9for6.1mation About Ms 10Giuff6.1re Abuse is P-6.5rotected F6.3l-.1orida Statutes-12.2 Makes Misre5.7p-9.1re6.7sentations to the Court-9.4 Has Violated Court Protective Order TO 10REQU5.7ESTS ARE NOT 9AND A Requests for Admission Nos and Requests for Admission Nos RESP-5.9ONSES TO RE-9.3QUESTS PRODUCT-9.1I13.1ON COMPLI14.1ANT HER D-6.7I23.1SCOVERY THE A Request for Produc6.9tion 9No Request for Produc6.9tion 9No Request for Produc6.9tion 9No Request for Produc6.9tion 9No Requests for Produc6.8tion 9No a5.8nd No Case Document Filed Page of TABLE AU5.1THORITIES Cases Blodgett Siemens Indu-7.7stry Inc and United Supp 2d S.D F8.3la U4.9n-.3ited States 11th Cir Dubin Elghanian Schachter Evanko El-11.2ectronic Syst-13.2ems Assoc In-7c No Civ S.D.N.Y Gibbons Food Lion Inc No F8.1la Hav5.3e3.3nfield Corp Block Inc Jane Doe5.4 9v United Sta-9.4tes No S.D Jane and Uni-9.5ted States Supp 2d S.D F8.3la Manessis New Ci7.4ty Dep of Transp No S.D.N.Y Sept S.E.C Micro-Moisture-6.3 Controls Sgambe5.2llone Misc.2d N.Y.S.2d N.Y Sup.Ct Silva Pioneer Janitori-12.6al Servs Inc5.4 No Mass Oct Case Document Filed Page of iv Spin Master Ltd Bureau Veritas Consumer Products Service5.6 Rowe Price Small-Cap Fund Inc Opp-7.4e3.4nheim-9.2er Co Thalheim Eberheim United States Consolidated Edison Co Dec W12.6a-9.4chtman Trocaire N.Y.S.2d App Div Stat6.9ute7.7s U.S.C U.S.C a F6.3la Stat F6.3la Stat F6.3la Stat F6.3la Stat F6.2la Stat F6.3la Stat Rules Civ passim Civ i Civ passim Civ.P Civ Civ a Civ Case Document Filed Page of Civ a7 Civ a7 Civ Civ passim Evid passim Other Authorities A Miller,-9.1 8.2Practice and Pro-6.1cedure6.7 Crime Victims Rig8h0ts Act CVRA U.S.C Andrew Rape the Culture of the Courtroom Pub Title Stat Case Document Filed Page of 2749.7Plaintiff6.3 Virg13.3inia Ms Giuffr-6.5e and 9throug10.4h 9counsel files this Respons-11e in Opposition to Motion to Compel7.8 and her Motion for Sanctions D-7E I INTRODUCTION the third time attempts to elevate a routine discover dispute 7into something9.7 over 6which san-7.3c3.5tions despite the c5.5o-.3mplete lack for sanc6.5tions and a complete lack case All three of Defe6.2ndant re5.3quests for sanctions have be-5.8en unr-6.6eas onabl-11.7e without factual and for improper pur5.7pose Rule provides for the impos ition of sanctions in those circumstanc-5.4e3.5s See Elghanian Schachter at Sweet in for5.2 s-10.6a3nc-6tions she cites one 9case c-6a3se fr5.7om the District of the D-7.1i-.5strict of Columbia for6 the pr5oposition that Plaint7.8i-.2ff should be sanctioned bec-5.8a3.2use 9re6.8s-10ponses unsi-12.2g10ned Howeve-6r De6.6fe7.5ndant interrogatory responses are also unsign-5.9ed De5.4fe6.4ndant pa-5.8ge 12brief is riddled with these half-truths in a attempt to dist ort as the 9and testimonial evidenc5.3e3.3 piles up her Ms Giuffr-6.6e3.2 should ha-5.8ve moved for sanctions a-6.4g9.8ainst for Defe6.6ndant unsigned interr5.8o-9.2g9.8atori-10.4es but unlike Defe6.6nd-9.2ant Ms Giuff5.8re6.6 9would not burden the Court with a frivolous request for II ENTIRE MOTION BE DENIED motion violates Rule a5.5nd 9should be denied that 9re6.5ason the Court even reach-9.4es the merits Rule states that upon or application first re5.5quest for s-10.1a3.5nctions improperl-18.7y19.5 raised in 9re6.4sponse brie-7.7f to a routine motion for ex)-9.3tension of time a 9.2motion this Court J-7.1une Minute Orde6.5r second basel-12.3e2.7ss DE on fact that Ms Giuff6re6.8 listed her in re6.8sponse to interr6o-9g10atori-10.2es instea5.8d of in her 6Rule disclosures Ms Giuffre6.4 and has them Case Document Filed Page of involving8 discover-16y20 or di-8.2sclosure requ-9ests or r6e3.8sp-10onses unde5.8r Civ the moving8 sh-10.2all 9and q-9.2uote or set forth ve-7.4rba6.6tim in the papers each discover-17y19 r-7e2.8quest and re6.6sponse to the motion or application is addre6.6ssed the of items upon which moves Def-6.3e3.5ndant to do this Defe6.9ndant edits out a de-7.8al of 8Ms Giuffre 9.3answers objec5.7tions to the interrog9.9atori-10.3es skipping7.9 entire6.9 data put forth in re6.9sponse to the inte rr5.4o-9.6g-.6atories and skipping7.4 Giuffr5.4e most co-9.6gent objec6.1tions This is improper Upon motion to compel a Court is ca5.8lled upon-9.1 to eva5.7l-.3uate the discover-16.1y19.9 r-6.1e3.7quests well as the responses an6.8d objec6.4tions Rule is desig6.9n-.1ed to protec5.4t a-7.6g9.6ainst the of the o-9.4pposing7.6 objec6tions that has done in th-9.2is brief Court should D-7e3.6fendant motion in its f-6.2a3.6ilure to with Rule See Blodgett Sieme-5.5n-.3s Industry Inc at mo-11.3tion without pre6.5judice f5.7a3.5ilure to with Rule w-7.4hich is the same rule in Eastern District York I MOTION TO RES-10.6P11.5ONSES TO IN9.9TERROG6.5A.9T-7.9O.5RIES S6.9H.5OULD BE DENIED A Inte6.4rrogato-6.4ry No Ms Giuffre Counsel 9.7Communica5.5tions th9.7e Media Outside the Scope of Rule a5.6nd 8.7Attempt at Collection be No se-7eks a of Ms and her com-11.6m-.6unications with the media 9defined a5.8nd 9without limi tation-6.8 of time subject matter the r-6.1e3.7quest be de5.7nied because Giuffre5.9 9alread-20y19 9produc-6.2ed her communica5.7tions with the media which included p-7.1roduc6.7tion of close to De5.7spite having7.9 thes-7.9e commu-9.1n-.1ica5.7tions Defe6.7nd-9.1ant is now pushing7.9 communica5.8tions that Case Document Filed Page of her c6.5ounsel 11ever with without an 9time or subject matter limitation for5.8 and produ-9.2ction of communications 8.2involvi7.6ng7.1 c6.6ounsel 13and the is burde6.5nsome and 8.2Given the of Ms Giuff-6.4r-.4e couns-11.1el practi-4.8c-6.7es media out to Ms Giuffre 10counsel 9a number of 6issues and none of Ms Giuffre 10.4counsel or record of communica5.9tions Complete retrieva6.9l-.1 would be inordinatel-21.6y19.6 bu-9.4rde6.4nsome 5.6Even more limited request-12.4 put forth in the instant motion seeking8.2 communica6tions with the media this ca7se-6 is overl-8y20.2 b-8.8roa7d This would require 9a marshali-11ng9.2 of 6enormous and under Rule there is no ex-9.4pressed this deposed Giuff6.1re6.9 in on topics re5.9lating8.1 to medi a inquiries and 9.4she also has Ms Giuffre e-mail communica5.6tions with the media produced Ms 11Giuff5.8re This r-8.2e3.6quest be de5.6nied on these g9.4rounds alone.-9.3 Thoug10.6h she 10claims Ms Giuffre counsel 10communica5.8tions with the media 6.1somehow to her4.8 def-6.2e3.6nses fails to ex-8.2plain how do put 8.9case support this proposition 6.3Additionall-13.2y20,0 there no case law to 5how such communica5.8tions could go to 5.2De5.8fe6.8ndant Defe6.5nd-9.3ant does not ex-6.3plain and does not elabor4.3ate has 8fa6.1iled to ar4.3ticulate or suppo-10.7rting8.3 law for this discover-16.5y19.5 and the should be de5.3nied for re5.3ason as is in 13Possession of Ms Giuffr-6.2e Communica6.5tions the Media Ms Giuffr-6.2e 10communica5.4tions with the media Def-6.4e3.4ndant 9has them And didn have to hunt and peck these 13.7communica5.4tions-5.8 as she is to lead the Court believe Ms Giuffre 10communica5.9tions with the media-6.3 consist of email communica5.3tions between Ms Giuf-8.5fr5.5e 8.6and Sharon Churcher-7.8 10and Giuff4.3re6.1 9and Case Document Filed Page of The them produ-9.8ced he-8r seco-9.8nd rolling production and continued on a basis the 7fifth production a6.7ll of small productions there app-9.2rox-6.2im ately19.5 th-11.5ese documents-10.3 and all produced within a had knowled-9.6g9.4e of documents as soon as Ms Giuffre5.8 produ-10ced Moreover thes-10.9e docu-10ments f-7eatur-9ed in Def-7e2.8ndant De5.8fe6.8nd-9ant issued subpoenas both Sharon Churc-5.2h0er a6.8nd 10months ag13o and has depos-10.3ed 9Ms Giuffre6.3 her me-7.7dia D-7.3ecl at 5.5Composite Ex-8.2hibi5.6t De5.6fe6.6ndant Subpoen-9a3.8s Churc6.8her Ye5.5t Def-6.3e3.5ndant cited 7a of cases where6.5i-.5n wa5.5s bu-10.3ried voluminous productions so as to be hidden or to dela 10or cumbersome 10of them inapposite Defe6.5nd-9.3ant didn have5.9 to comb throu-9.4g9.6h literall-23.6y19.6 5.7thousands of 7pages of doc5.4um-11.6ents to find these to Def-6.1e3.7ndant in small production batche5.7s.1 startin-10.1g9.9 with the sec6.2ond producti-13.8on Moreover can all of these d-9.6o-.6cuments via an elec5.2tronic with a to the Court that Ms Giuffre com-8.3m-.3unications with the media somehow hidden or buried in 5.2her production Defenda nt makes an in bad 9I12.9ndeed is tantamount to making7.9 a repr-6.1esentation to the 6.6Court 9all of these 9communica5.6tions were6.6 email communications So on 15.7face tell Defe6.3ndant the da5.6te 7of such Communica5.6t-11.4i-.4on the form of Communication or-6.1al or written 8.3and if written the for5.9mat such Communica5.7t-11.3i-.3on the identities of all the pe5.9rsons involved in such Communication this is re5.7vealed from to/fr5.9o-.1m/cc line-6.4s and the other da6.6ta also knows w-7e ll the identities of the individuals involved-9.2 These communica5.5tions p-9.3roduc6.5ed at Case Document Filed Page of including10 the identit-21.2y20 of 6the or5ganiz-7.2a3.8tion with which they20 9aff6i-.2liated-9 p-9a3.8rticularl-18.2y20 as the communica5.4tors ea-5.6ch rece-5.6ived one5.4 of Defe6.4nd-9.4ant subpoenas At the e5.5nd of the thing9.7 Ms c-5.5ould do to answer this 9more she has is to burdenso me re6.5dundant 6writing7.7 down each of approx-6.9imately19.1 em-12.1ails the th at it is an email what name in the to field a5.4ppe-5.6ars in the fr6om field name ap-9.9pears in the cc field and wh-7.7at date on the email-9 Ms Giuff submits to the Court th8.8at making7.8 such 9a is a 8re6.3dundant that is not appro-6.5priate under Rule unde5.4r amendment ac5.5count the p-6.8a4rties 10relative access to information Ms Giuff5.9re6.7 9also submits to th7.9e Court that moving9.9 to Ms Giuffre6.7 to ma-5.3ke such a list based on documents she pr-6.5oduced to the Defe6.3ndant 11is frivolous-12.2 and a wa5.3ste Inte6.4rrogato-6.4ry No 9No s-8eeks fa6.7lse statements attributed to that published also the date pla-5.5ce and fo-6.3rm of publishing6.7 the 9addre6.3ss of 9all such statements Giuffre4.7 kno-9.5ws with of statements made Defendant and together4.8 th are6.8 the subje-6.3c3.7t of this Giuffre6.7 made5.9 a listing10.1 of v-5.9a3.9rious 9we5.9bsites that published those statements in to this This comp-9.3ilation wa5.5s 6.5part of Ms G-9.1i-.5uffre that Defe6.8nd-9ant misleading7.9l-21.3y19.9 omits from her motion in violation Rule 9.7upon Ms Giuffre answer is nothing9.7 9else to compel Ye5.5t D-9.1e3.5fendant moves to compel a-7.5n-.3swers that Ms Giuff5.6re6.4 do-9.4es not Ms 6.5does not have the knowl-12e3dge and do-9.8es 10not have5 the documents to time Def-6.6e-3.9ndant 8.7have def-5.9a3.9med her That information that lies in the possession the Giuffre6.4 this information from Case Document Filed Page of in her Request-12.6s Nos and in whic-7.6h she documen-7.4ts conce-6.6rning9.6 statement made5.5 You on Y4.9our to the pr-6.3ess or other4.7 9group or 9individual including7.7 draft statements Ms Giuffre6.5 You 7Ross Gow other4.7 i-11.5ndividual from to the pre6.5sent includin-9.3g9.7 the da5.5tes of publicati-13.5ons and if published 9.8online the Uniform Resourc5.3e I12.5d-9.5entifier URL9.3 addre)6.3ss and all docu-9.1ments concernin-8.1g9.9 9individuals or e5.7n-.1tities You Your5.1 agents distributed or se5.9nt tateme-7.2nts concernin-8g10 Ms Giuffre6.8 refe6.8r-6e3.8nced in Request No made5.3 9You or on Your 10De5fend-9.8ant objected to th-11.8ese requ-9.8ests and to produ-8.5ce d-9.5o-.5cuments Ms Giuffre 10motion to compel is As stated above Ms kno-9.6ws that Def-6.6e def4.6a3.4med her throu-9.4g9.6h statement issued on her Ross Gow a5.6nd she knows def-6.2a3.6med he5.7r she that statement on video the in New York-9.3 she doesn know De5.9fe6.9ndant stat-10.8ements does she know 9De fe6.6nd-9.2ant made 10.8them to whom she issued them is to turn log7.9ic on its 8.2head 9with this request which You tell me the pe5.8ople to whom sent statement-9.2s.1 I11.9ndeed own her5.8 9In the instant brief5.8 The r-6.8e3quired Pl-12aint-4iff other to provide 9each ex-9.7act false statement that she a6.7t-.3tributes to Ms Maxwell and that wa5.7s publish-12.1e3.7d in the wo-7.1rld How Ms Giuffre6.6 can know whom made-5.6 stat-23.4ements is unex-8.4p-.4lained ex-9.2ample if took her statem-11.4e3.6nts to a media outlet that chose not to publish them there is no Ms Giuffre6.3 to know The who kn-9.5ows the ex-9.5tent of defamation 11of Ms Giuffre6.7 is which is Ms her4.9 a for5.6 the same info-9.4rmation Case Document Filed Page of Howeve-5.8r to make a fa6.2ith of a Ms Giuffr-6.6e3.2 compiled ex-10.1amples of Defe5.7nd-10.1ant defa6.3mation ex-9.5amples that were6.3 8.6absent from Def-6.5e-5.6ndant brief in contravention of Rule Entit-8y.8 Janua9.4ry11.6 Ross-5.1 Doe Robert-4.6s so a new are and been responded and shown 11be unt-4.5rue tim20.4e th3.6e is re it sal-4aci-4ous about-4 and worl-4d l-4.3eaders and Ms Robert-4.3s Al-5.7an sexual-4.5 her deni-4.7es Ms Robe9.4rt6.4s ar7.4e lies 11and s7.5houl6.2d be trea8.6ted 9as su9.8ch as they10.4 are G6.2h1islain12e 11to 11the and 9the deni-4.6es 11alleg9.6a.4tions 9of an nature,9.6 w6.1h.9ich appea8.7r-2.1ed 9in Brit6.7ish9.9 pr7.9ess 9and and redr6.5ess the 9repe9ti7ti7on suc8h1.2 Janua9.4ry11.6 relatio4n4s-9.5 Janua9.5ry11.7 Expres9.7s7.5 ne Janua9.4ry11.6 J-9.3e1.3ffrey Janua9.4ry11.6 Janua9.4ry11.6 Jewish8.7 News Janua9.4ry11.6 Bolton tion13.8a Janua9.4ry11.6 Broadc7.8ast NY Case Document Filed Page of Janua9.4ry11.6 Broadc7.8ast Ms Giuffre6.6 upd-9.2ated this 7.5re6.6sponse to incl-9.4ude an additional c-5.4ontaining7.8 content:-14.2 Janua9.4ry11.6 spk12.5lr Spending7.7 hours trollin-11.3g9.7 the for a dditional 9ex-9.1amples of e5.7n-.1tities that have6.7 published De5.8fe6.8nd-9ant statements is appr4.9opriate und-7.1er Rule into account the burd-6.7en or of the discover-6.7y19.3 the ben-9.3e3.5fit Here6.3 the add-9.5i-.7tional ex-9.5amples of the publicatio-17.2n of the stat-10.4ements that ar4.8e know-6.2n for5.8 those ar4.8e unknow-7n is not an appropri-8.9ate Defe7.1ndant would to Ms Giuffr6.3e Ms Giuffre6.5 would 9be able to answer this interro-6.1gator-18.1y9.9 in full Defe6.7nda nt 11has to a compr-8.3e3.5he-5.4nsive list of her stat-10.6ements of the outlets to which she distributed as the Court knows from the documen-7.5ts it reviewed in camera and found were6.8 not privilege5.7d Defe6.7ndant 11and De5.6rshowitz-7 9communic-7.4a3.6ting9.8 how to attack the Court s-10.1hould motion Inte6.6rrogato-6.2ry No This se-6.3eks a of of stat-10.3ements made 9against Ms Giuff5.8re6.6 This 9calls for4.8 9a as to what statements constitute defa6.1m-12ation and is improper particularl-8.4y19.8 is not limi5.3ted to has b-9.5een deter5.2mined to be Specifica7ll-23y20.2,.2 this in 9calls for Ms to Case Document Filed Page of stat-10.8ements made her throu-8.6g9.4hout the in terne6.5t and othe-5.4r sourc-5.5e3.5s determine or not 9constitute de5.6f-6.2a3.6mation request is See Decembe-7.5r Discover-16.6y19.4 Civil Liberties Union et al Alberto G-10.1onzales No at E.D Pa find is over bec-5.4a3.6use it is not limited to speech defe6.3nd-9.5ant has dete-7.7r mined to be ha-5.6r-.4mful to minors under COPA but appears to 9command def-6.5e3.3ndant to for5.5 spee6.3ch ov-9.5er the inte-5.6rne6.4t and de5.3te-7.6rmine whe5.6t-.4her it is harmful to 9minors As a r5.8e3.6sult def-6.5e-5.7ndant not respons-11.4e to plaintiffs 6at 9De5.5cl 11at Ex-10.3hibit for of Alan De5.5rshowitz-7.4 is the other kno-9.3wn defa6.5me Ms Giuf-6.3fr5.7e with No ther-6.7e is no for Ms Giuf to know the full ex-9.3tent of Alan Dershowitz defa6.3mation of She k-9.5nows that he has a p-8.5rostitute and a durin-8g10 his press confere5.9n-9.9ces Decl at Ne-5.2ws article dated Ms Giuffr-6.4e3.4 not know the full ex-9.4tent of Alan D-7.2e3.4rshowitz def6.3a4.1mation nor she c6.4onducted le-5.6gal could attempt searc6.5h-.3 to locate sourc6.5e3.5s on the interne7t but that is not wha6t0 is contemplated Rule Rules of Civil Proc7.1edure7.1 as such an is burd-6.5ensome and information is well outside of Ms Giuffr5.8e possession and 9control-6.6 More5.6ove-5.5r 9Alan De5.5rshowitz-5.5 Defe6.5n-9.3dant joint def5.4e4.2nse partner kno-9.4ws the comp-11.4re6.4hensive list of his def-6.4a stat-10.3ements and the outlets to which he distributed them Rule limits th scope-6.1 of discover-16.9y19.1 on evaluation of the parties r-6.4e3.4lative releva5.4n-.4t inform-11.6ation Dershowitz-5.4 himself has admitted is activel-21.2y20 involved with in this litig10a3.8tion-9 De5.8fe6.8nd-9ant access to information re6.7lative to Ms Giuffr-6.1e unpara6.5l-.5leled is burdensom-12.5e3.5 for Ms to troll the Case Document Filed Page of interne6.1t for instan-9.7ces-10.5 of De5.1rshowitz-5.9 her is not a to this action And Ms Giuff6re sing9.9le 7count of 8defa6.7mation 7.5does not in f-8.1acts in to Dershowitz-5.3.-.1 the Court s-10hould motion Inte6.6rrogato-6.2ry No De5.8fe6.8nd-9ant seeks list of all the individuals to whom Epstein traff6icke5.9d0 Ms 11Giuff6re6.9 Unde5.7r Rule interro-6.1g9.9a3.7tories 9be ser5.4v-.6ed if more practical method of obtaining7.7 the i-9.5n-3.5for5.7mation soug9.7ht than request for p-9.3roduc6.5tion a deposition or if ordere6.2d Court has lit upon a more 11method of obtaining7.7 the information soug9.9ht asked Ms Giuffr-6.3e3.5 this information in her de6.5position 14More5.5over joint def4.9e3.7nse partn-8.1e3.7r for5.9 this information he took deposition and Ms Giuffre6.4 produ-9.4ced that deposit-11.1ion to This request is re5.6dundant-11.4 as this information has b-9.9een and Giuffre5.9 re6.7sponded to questions her deposi-12.3t-.3ion See e.g Giuffr5.5e Tr at Giuff6re6.9 Tr at and Inte6.4rrogato-6.4ry No Ms Giuffre6.4 Answer-6.4e3.4d No 9.5Completel-9.6y As discussed above entire5.6 motion vi-13.4olates Rule she does so most interrogator-18.2y19.8 Giuffre hea6.1l-.9th p-9.7rovider ment-11.6al or emot-13.6ional condition prior to the Def-6.4e3.4ndant does not include Ms Giuffre hard-won 6.6and fulsome whic includ-9.1e3.7s a pr5.9ovide-7.3rs ba-6.1ck 8.6The re-6.1ason for5.1 Rule violation with to this Case Document Filed Page of is quite and done in bad Ms Giuffre6.5 listed kno-9.3wn to her The list is ex-6.2tensive looked like this He5.7alth Care Providers k-7.1nown to Ms provided subseque5.8nt to the are6.8 as follows Ste7.2v.4en Olson Chris Mar St Thom13.1as Hosp-5.7ital Ms Judith Lig8.6h-2.2tfoot He5.6alth provid-11.2ers kn-7.2own to have provided both 11.8prior to and 10subseque5.7nt to defa6.6mation of Ms listed in the su-10.3pplemental responses for5.5 both and Ther-6.5e be 9a-5.6dditional crossover pr-6.5oviders that have6.3 treated Ms Giuf-6.5fr5.5e 9to the defa6.3mation listed in the supplemental respo-10.5n-.5se to who provided tre-5.3a3.7tment subsequent to the de5.7f-6.1a3.8mation Ms Giuff4.9re6.8 the re6.5vise amend 7and supplement her response to 9No with p-9.5roviders listed in her supplemental response if and she be-5.8comes of additional crossover.-7.6 Case Document Filed Page of Medicar5.4e3.4 Australia Rauf-8 Yousaf CVS Walgre5.4e3.4ns He5.7alth Care Providers k-7.1nown to Ms Giuffre provided 15.7prior to the de5.7fa6.7mation as 10follows John Harr6.4is Dar5.5s-.1hanee 9Majaliyana Dr6 Le-5e He5.5alth provid-11.3ers kn-7.3own to have provided both prior to and 9.9subseque5.6nt to defa6.6mation of Ms listed in the su-10.3pplemental responses for5.5 both and Ther-6.5e be 9a-5.7dditional crossover pr-6.5oviders that have6.3 treated Ms Giuf-6.7fr5.3e subse-7.9quent to defa mation 11listed in the supplemental response to 9who 12provided treatment prio-10.5r 6to the defa6.4mation Ms the to re6.6vise 8amend supplement her to No 7with providers listed in her4.3 supplemental resp-10.7onse to if and of additional crossover.-8.1 Case Document Filed Page of Sellathurai Hayek El Moghazi Ste8.6phe5.6n Ca-6.2m13.8pbelltown Hos8p-2ital Hosp-5.9ital Ms Judith Lig8.6h-2.2tfoot Royal Oaks Medical Ce6nte7r Case Document Filed Page of Mona vanesan ren tikof-9.5 Wellington Im12 aging Associates Ranjit Thind Medicar5.4 Australia Wah Wah San CVS ar-6 cy Walgre5.4 ns acy addition counsel for Ms Giuffre6.5 multiple phone5.5 calls to potentia-7.4 medica5.6 reco-9.3 rds custodians in and attempt to locate Dr utikoff 2s records Thes ef-7 for5 ts unsuccess-11.8 ful On information and ef this occ5.6 after and prior to the nuar-6.4 defa5.9 mation sed on uncert-9.1 the date Ms Giuffre es the to re6 vise amend nd supplement spons-11.2 es to terro-6.6 ries and ecords from Australi-4.8 a mi ted to rs Ms Giuffr5.8 is continuin-11.2 to pursue5.5 additional cords-10.1 from prior to throug10.7 their in Austra6.5 Ms Giuff5.8 has now identified Dr Sa and Dr San to the same provider the st of her wled-9.3 ge She had previousl-11.5 listed both Case Document Filed Page of since Ms this answ er she5.1 has of three other who treated her have Defe6.7nda-5.3nt with that information:-17.1 Dr6 Hartwig D.O wa5.4s identified in 11re6.4cords p-10.4roduc6.4ed Ms Giuffre6.1 those records Nichols identified in produced CVS Ms Giuff5.3re6.1 re5.1qu-9.7ested reco-9.7rds see Rodolf-6.4o Torres Jr 9M.D wa5.5s identified in produced CVS Ms Giuffre6.1 those records Rule for a re-5.6ason These ar5.5e in brief Ms Giuffre6.7 is not withholding7.6 records 9.2including5.9 her p-6.4e3.4diatric 9r-6.4ecords The should request.-18 Court Has 9Ruled Against on Medic-7.4a3.6l Records so De-5.3fe6.7ndant Estopped 5.7F6rom This No makes bad ndant tries to to Court that held otherw4.9ise that 9medical records to is fa5.5lse not the Court holding7.6 10The Court and MS MENNI13.4N.6GER Yo-6.6ur Honor5.4 the topic plaintiff medica6.5l THE COURT think 9understand that-8 There6.6 is 12one Are there pre medic-5.5al records?-12 MS MENNI12.8N0GER Yo-7.2ur Honor the case is quite-9.5 clea5.6r that injuries THE COURT Ex-8.6cuse me Go MS MENN-6.8I13N.2GER Case Document Filed Page of THE COURT 250What the basis of 16y20our statemen-9t-.2 that we will call it the MS Honor b-9.4e3.4lieve THE COURT 6quite that telling9.6 something9.6 that not qu-11.3ite THE COURT The medical records of peri-9od to will be produced and the plaintiff will indicate wh-9.6ether4.4 th at-7 produ-9.3ct-11.5ion is complete or if it isn complete when it will-8.9 be complete As for the pre reco-9.7rds ba5.1sed on we at the moment do not believe that those are6 B6.2e-6cause dama-8ge issue relates in to the de-5.4fa5.6mation that chan-9.2ges in 9will revisit issue April Hr Tr at since the has Ms Giuffre6.3 has not a cl-11.8aim or new da5.9ma-8.1ges or 7made4.9 r-6.9e2.9pres-10.7entations oncernin-8.6g9.4 medical Court has hea6.7rd and reje-8cted it Def-6.8e3ndant 11puts forth no new or f-6.2acts that sh-10.2ould disturb this tries to that she 9wa5.4nts the n-8.8a4mes of the 10and not re6cords This is fatall-12y19.2 9flaw-7.6ed 9.2The nam-12e3s of Ms Giuff5.2r-6.8e part of her also information of medic-7.6a3.4l Ms Giuffr5.6e 9particularl-18.6y19.6 ph-9y20s.2ician is specialist-7.8 or wor5k0s within a c5.8e-5.2rtain Case Document Filed Page of The tail is Ms Giuf-8.7fr5.3e for 10and production reco-9.5rds f4.5rom to the the which are6.6 not all relev-7.6ant to this 7.3defa6.2mation A-7g9.8ain this Court held that Ms Giuffr5.8e do-9.2es not have5.4 to disclose her medic-5.6al record 10and no reason to disturb-12.4 that is thus estopped fr5.9om No is D-8i-.4sallowe5.6d Under New Yo-9.2rk g9.9r-6.1anted some medic-5.3al discover-16.1y19.9 is unlimited unde5.7r York law e.g Manessis New City De5.9p of Transp No at S.D.N.Y Sept concludi-13.5ng9.7 that to pursue 6.4p-.4laintiff medical re6.7cords should be limited-7.1 in some manner Electronic S-9.7y3.1stems 10Assoc Inc No Civ at S.D.N.Y the state 9and holding that where plaintiff6.4 that 8she suff5.7ered em-11.2otio10nal distress defendants did not 8have a license to rumm-13.1age throug10.1h all aspects of the plaintiff life6.9 in of a possible source of stress or distres-11.8s-.7 includi8.8n-1.8g plaint8.8iff records 6.1e3.7mphasis added W22.9a-9.1chtman Trocair-8.9e3.7 College N.Y.S.2d N.Y App Div holding9.5 that 9the scope of 6a privi-12.7lege5.4 in personal is limited and does not permit discover-15.9y inform-11.2a3.8tion involving8 illnesses and treatment Even in a pe5.6rson-7.2al injury20.8 opposed to a 9defa6.6mation the opposing9.2 do-9.8es have5 7.4ca-6rte blanch-10.8e-247a-6c-6cess to all medical See-249.2Sgambe5.3llone Case Document Filed Page of Misc.2d N.Y.S.2d N.Y Sup.Ct holding9.9 that in a persona5.6l action pl-10.1aintiff waive5.6r of the physician-9.7-2.8patient privilege is w7.1h-2.7olesale waive6.3r of all about plaintiff en9.6tire physical and 10conditions bu5.5t a waive5.8r only of the physical and/or co that is placed in controversy No is re5.5qu-9.3est for 9Ms 6.5Giuff5.7re p-9.9e3.9diatric records-5.4 is also burde7nsome Pursuant to 9.1the Rules of Ci vil Proc6.6edure if 8re6.6quested 8documents are6.6 not in 9a r-7.2easonabl-12.4e Ms is not oblig7.7ated to ex-9.3pend all of he6.5r time and re6.3sources on a quest to 9gather medic-5.7al files from 11her birth to the sugg8.9ests that it is bu-9.1rde6.7nsome be-5.3cause mental condition wa5.8s so complex-7.1 or r5.9e3.7quired so much medica5.6l attention that it would be b-9.2u-.2rdensome for to down all medical provider5.6s-.2 This is mere fiction like of fictitious arg12.9u-.1ment 8.9cuts a-8.3g9.9ainst she it is burde6.7nsome Ms Giuf-8.1fr5.9e made5.2 no such claim abou-9.6t the nature of the is one for to the law but it is improper to make up facts Giuffre claim of is ba-5.4sed on the fa-5.4ct that it is burde6.6nsome for5.7 down p-9.3e3.5diatric 10.8medical records fr4.7om childhood because such re6.6co-9.2rds hard impossible to find all children as child 9Ms Giuffre6.4 not re6.5sponsible for 9manag9.7ing7.7 health ca-5.5re She does not re6.2member or their names or treatments There6.3 is no pr-6.6ac-5.7ticable or non burde6.5nsome obtai-11.6ning7.6 that information Court denied request for 9g9.3ood re6.3ason Ms Giuffre6.2 provide-5.8d pediatric r-6.6ecords that wa5.2s able to 11collect the time pe5.3riod she with Defe6.8ndant 11an Epstein including8 9an hospital visit whe5.8n0 Ms Giuffr-6e3.8 wa5.8s underag9.7e3.5 Def-6.3e3.5ndant 11and Epstein took her4.7 to in Ne5.5w York Case Document Filed Page of for5.7 p-9.3e3.5diatric r-6.3ecords is also Court correctl-13.6y19.6 not-11.6ed Ms Giuf-8.4fr5.6e is not base5.4d prior to Defe6.4ndant abusing9.8 Defe6.6nd-9.2ant has told the Court that she trafficke5.6d-.2 her 6as a minor Defe6.7ndant not state upon bas-9.9i she makes the claim nor does she wh-7.7at has on def5.8a3.6mation of in cours-7e has no suppor-6.7ting9.3 Ms not allege5.4 that she wa5.4s in Throug9.8h Ms 9.3able to 9.3obtain documents that established that tra6.6f-6.2ficked 5.9starting9.8 in the summer Ms Giuffre6.6 Aug9.8u-.2st of and wa5.3s se-8.7ems to think that it is much better-12.5 or 9ex-9.7cusable to traff5.7ic 7a or than old De5.5p Tr Vir-6.3g9.7inia Roberts who sic are6.5 to a masseus-8.1e See De5.4c at Ex-10.4hibit Of like the other Ms 5.5not a massage therapist De5.3spite that being9.7 older than is fi-8.5ne for5.7 her c6.4onvicted p-9.4e3.4dophile the law it illeg11.7al to at particularl-19.3y18.9 wh-8.1en children unde-6.3r the 9of The 13.1Applies to soug8.5ht No The pa5.6tient most app-9.2l-.4ies to an individual pediatric medical re6.4cords a name also information re gardin-8.5g9.5 the medica5.4l treatment Ms Giuffre received pa5.7rticularl-8.3y19.9 that is specialist De5.7fe6.7ndant 11cites no case law in that no privilege5.5 applies to this inform-11.5ation.-18.6 See De-3.8cl at 9Ex-8.6hibit 9Tr at 9y19ou ev-10er whe5.3t-.7her or not had 9fo-6.5rmal in massa-9.8ge THE She did not None of the high school 10girls th-5.6at I 7interviewed or anyone under age of had any form-12.6al m-10.3a.9ssage trai7.7ning Case Document Filed Page of that Ms 9Giuff5.9re claim of medic-7.2a3.8l damag10e someh-5.6o0w n-7e3.8cessitates ac-5.8cess 11to Ms Giuffr5.4e 10childhood medical records This a-5.2r0g13u0ment is 10.2without mer4.7it As Def-6.3e3.5ndant kno-11.3ws as was ex-6.3plained in in Ms Giuffre disclosures Ms Giuff6re claim of 6.3re6.6lates to the she suff4.8er-6.2ed de-5.4fa6.7med who wa5.4s 9.9also her abuse-6.6r Defe6.4ndant no case to back the that Ms Giuff6re childhood recor-7d-1s ar5e for 10cate-8.2g9or da6.7ma-7.3ges there6.7fore it should be denied Inte6.4rrogato-6.4ry No asks for 9a list of all of the people 7who 7have subjected Ms 9Giuffre6.3 to abuse prior to request is and 9covers abuse Ms Giuffre6.1 ex-9.9perienced in the 7prior to turning7.1 This Discover-16y20 sou-10g10ht in No is This discover-16.5y19.5 is not rele-7.7vant as this evidence is und-9.5er Rule 7of Evidence which applies to civ-10.6il cases Def-6.6e3.2ndant 10ar-6.3gument under Feder-6.3a3.5l Rule Evidenc5.5e3.5 is completel-9.3y19.9 misplaced Rule 9applie-5.3s in this defamation ac5.7tion ca5.7nnot show evidence of 9child being7.7 in ord-8.3er to s-9.1how that her4.7 9statements are6.6 untru-8.3e or did not harm Ms Giuf-7.1fr5.9e 10re6.5putation Such an is unsupported case 10and cites to none defamed Ms 9Giuff5.8re6.7 she old There6.4 is no that ca5.4n a that someon-9.4e Ms Giuffre6.4 she someho-9.5w affects the truth of 9statem-7.7e3.8nts No-10r the rape child 9an absence of to 11Ms Giuffre 10re6.7putation 11as an a6.7dult is 11.8attempting7.7 to publiciz-5.5e the f4.7act that Ms Giuf-6.3fr5.7e as a old See Motion for Protection Order her nor case law 9support this position Case Document Filed Page of This request is 9imprope-5.5r it cannot lea5.6d to 11admissible evidenc5.6e3.6 Feder-6.2a3.6l 11Rule of Civil Proc6.6e dure6.7 controls the limits of discover-16.1y19.9 informs discover-16.4y19.6 ove-5.6r the boundaries the prop-6.4er into an assault victim sex-7u0al conduc5.8t and histor-6y20.0 Silva Pione-6.5er Janitorial Servs Inc5.5 9No at Mass See also Gib-9.4bons Food Lion No CI25V at M.D F8la stating9.9 that a c6.5ourts that 8.9have wh-7.3ether4.7 Evid is applicable to discover-16.3y19.7 have found Rule ha5.4s sig9.6n-.4ific-6.6ance in the 9re6.4solution of a discover-16.4y19.6 9dispute As ex-9.3plained in the Advisor-7.3y19.7 Committee5.5 Notes the to Rule 8h0e rule to s6.2a3.8feg10u0ard the alleged victim against the invasion of potential embar4.6r-6.4assment and that is associated with public dis-15.9c3.5losure of intimate details and the infusion of innuendo into the factfindin-9.3g9.7 process More5.7ov-9.1er althoug10h the Advisor-16y20 C-12o0mmittee5.8 Notes ac6.8knowl-9.2e3.8dge that the pro-9.4cedur-6.4es 10set forth in the Rule for6.1 the of to an a5.9l-.1leged victim past conduc5.6t or pre6.8disposition do not to discover-16y n-9.4e3.4vertheless p-9.4rovide as fol-9.6lows not to unde-6.5rmine the rationale Rule courts should enter a-5.6ppropriate orders pur4.9su-10.1ant to Civ to protec)5.7t the victim against unwa5.7r-.1ranted inquiries and to ensure 9c-5.6onfidentialit-11.6y19.6 Cou rts should pre6.7sumptivel-11.3y19.9 issue 9protec5.7tive orders discover-16.1y19.9 9unless the make5.7s.1 that the evidenc5.4e3.4 to be 9would r-6.4e3.4levant under the fa-5.6cts and the-6.6o-.4ries of the particular 6case 9and be obtained thr-6.9oug9.1h 9an for hara6.7ssment instanc5.7e3.7 9while some e6.7v-.1idence of alleg9.9e3.7d victim beha5.8vior and/or predisposition in the work-6.1place pe-5.8rhaps be relev-7.6a3.2nt condu-9.6ct will irreleva5.9n.1t Silva at emphasis adde5.8d-9 Ms Giuffre6.8 objec5.8ts to this re6quest based 9on the Fed-7.8e3ra6l Rules of Eviden-9.8ce a-6nd prevailing7.2 law Rules No Propounded for5.9 8Purposes a5.7nd Hara6ssment-16.5 Case Document Filed Page of No 9.5information Ms Giuffre6.6 abus-10ed as a child is wo-8.4rth that this is propound-9.4ed who abused Ms Giuffr-6.7e3.1 as 6.2The purpose of this re5.1quest-6.5 app-9.7ears to be other than hara6.6ssment is not entitled to a full production of that has h-10.9a2.9ppened to Ms Giuffr5.8e 5.2entire6.6 of life time pa5.6rticularl-18.4y19.8 7.7with to events that pr-6.9edate meeting9.6 9and abusin-9.4g9.6 9Ms Giuffre6.4 A vi-9.6ctim of abuse should not be re--7.4a3.4bused to disclose to 6.5one of abuse-6.7r-.1s plus all the who joint def4.9e3.7nse partn-8.1e3.7rs in-9.1cluding9.9 Epstein 10details of other abuse This Court Protective Or4.5der 6allows convicted dophile Epstein 9to see all discover-16.7y18.6 in this case th at mar4.3ked 9confident-11.9ial The discover-16.7y19.3 here6.6 not pertinent to issue in the 8.6case 8.6and 7.7would to fe6.4ed and 7.1Epstein prurient and continued in-11.8terest has b-9ecome in-10creasing6l-12.2y19 that 10counsel is these 9documents for the improper pur5.9pose Ms Giuffre6.7 old the time of 6the assault Ye5.7t Defe6.7ndant responses to Ms Giuffre interr5.9o-9.1g9.9atories this 12.2child victim of abuse a permissive wo-9.8man Resp-9.7onse to Plaintiff Set of This 10.2blame-the-victim-13.3 is ironic for reasons Ms Giuff6re6.8 a minor 7child not a woman abus-10.2ed her it wa5.4s and Mr Epste-7.6i-.6n who traff5.6ick-7.4ed her to individuals it wa5.4s and Mr Epstein p-8.7e4.1rmission to others to 12use Ms Giuffr5.7e event ca5.6n no le-7.4g9.8i-.4timate purpose this No discover-16.1y19.9 Ms Giuffre 10prior assault is not releva5.6n-.2t to the c5.8laim at issue in this ca6.8se the at is sue or the dama-7.6ges claimed and ther4.6efor5.6e Case Document Filed Page of outside the scope of permitted 9R Civ Ms Giuffre abuse as minor neit-13.5her pr5.7oves disproves and Epstein 10abuse ther4.8efore it is not within the scope of disc pe-5.4rmitted Fed Civ particularl-18.4y19.8 since the De-5.9cembe-7.9r amendments to the Parties obtain regardin-8.2g9.8 matte-7.5r that is to claim or proportional to the needs of the 9case 9considering10.1 importanc-6.1e2.9 of issues at stake5.8 in the the a5.7m-.3ount in the p-7.3a3.5rties 10relative access to information the parties re6.8sources the importance of the in resolvin-9.8g9.2 the issue-8s-.6 and whe5t-1her or e6x-9.8pense of the proposed discover-16.2y19.8 outw-9e3.6ig7.8hs its b-9.2e3.6nefit Civ in on such irrelev-7.2ant but pa-5.4inful topics would be emb-11.5a3.3rrassing9.5 oppr-6.5essive and traumatic Ms Giuf-7.9fr6.1e and it is to part-8.1y claim defe6.6nse such is not soug6.8ht in 9g9.8ood to the ex-9.1tent that it is available to Ms Giuffre6.7 9all of this information is in the possession 11of as she obtained a5.2nd produc-5.8ed police Ms Giuff5.9re6.7 9which Ms Giuffre6.7 did not have in he possession Ms Giuffre6.5 10also questioned for5.7 seven hours in her deposition Def-6.2e3.6ndant Assault R-4.8ecords 5.1are a Medic-7.7a3.3l Ev-9.5ent and Are6.3 8.7Barred This Court Order Relat-10ed to 9No is More5.3over this Court ex-9.5cluded the producti on of medical r-8.6ecords f-7.6rom 8prior to stating10.4,.4 the issu-9.4e relates in view to the d-9.4e3.4fa6.4mation Transcr5.8i-.4pt at This holding)9.8 a ppl-11.7ies to assault 5.5re6.3cords for5.8 two reasons First assault is not a 9crime but a 9and an which medical treatment 9.4often needed 9.2and for for-6.4e3.4nsic medica5.4l is often Case Document Filed Page of perf5.4ormed do-9.6cumentation of assault is necessarily19.4 9akin a re6.4cord 9and therefore pr-6.4ecluded under the Court April Order I13.1n-8.9for6.1mation in relat-9.1ed Ms Giuffre 5.5Abuse is Protected 9F6.1l-.3orida Statutes-13.6 this abus-10.3e took place in and infor-5.5mation relating7.5 to those protec5.7ted from disclosure law 9F6.1l-.3orida statutes 10protec5.7t inform-11.3a3.7tion in a videotape5.7d-.1 statement of a minor is alleg9.5ed to or w4.7ho a victim of 9which re6.3v-9.5eals that minor Stat Stat protec5.7ts re-5.3cords 9a juvenile is a vict-9.6im of crime civil of 8action against an individual who c5.8o0mmunica5.8tes to other-6s.2 identif-6y20in-11g10 informatio-11n concernin-8g10 the vi-9.2ctim of a Second and F7.9la Stat make5.6 juvenile law records 10confidential member4.8s of the public and states that information obtained 9a law enfo-9.5rcement 11participating9.5 in the 9asses-8.3s-.3ment of juvenile is confidential of the police r-6.4e3.4ports Ms Giuffr5.6e involvement with the F5.9l-.5orida D-7.1e3.5partment of C-11.3h-.3ildren and Families se and 6.4such re6.7ports of the State Department of Children and Families re6.3cords confidential pursuant to Stat De5.4fe6.4ndant a abuser5.6 of minors th the Protective Orde-5.6r is all the Ms Giuffre5.9 n-9.9eeds as old Fede-5.2ra6.7l Rules of 9Civil Proc6.7edure6.7 Rules of Eviden-9.1ce F6.1l-.3orida statutes 10and case law othe-7.5rw4.9ise Defe6.6ndant is in double-spe-6.2a-5.2k on the Protec6.8tive her joint defense p-6a3.8rtner Alan Dershowitz-7.1 is attempting8.1 his b-8.9a3.9seless motion to interve ne to confi-8.9dential desig8.3n-9.7ations of various documents in case 9and stri the Protective sta-8.4tes 6.4one of this illeg9.6a3.4l or i-7.3n-.4appropriate contact conduc5.4t or Case Document Filed Page of assault is within the to no case law statutes to back this up Of the opposite is tr-6.6ue as eviden-9.6ced the st-11.2atutes and law 9cited 5.3Makes Misrep-9.2re6.6sentations to the Court No in the public record is an 9abundanc-6.1e of that we6.2ll she me5.3t Ms Plaintiff5.9 had in activities or claimed was 6.2the victim of illeg11.7al activities This is a lie There6.5 is eviden-6.3ce that Ms Giuffre6.2 a child and there is evid that she abused 9as a c6h-.8ild Ther-6.8e is no evidenc5.7e3.7 Ms Giuffre did and th-12.2ere is evid-12.2ence that she claimed she was is an old stor-16y20 to discr-6e-5.2dit the victim of sex-9u0al a11.8buse about and using10 that victim past See Rape and 9the Culture of the Courtroom Taslitz-7.3 Rule of Evidenc-5.3e3.7 and 9all the rape shield la-5.7ws were6.2 9erected to forbid this inappropriate tactic Id no self-re6.6f-.2lection asserts that 9she is documents re5.8latin-11g10 to Ms Giuff5re sex-6.9u.1al ac5.9tivities as a c6.9h.1ild whe5.1t-.9her wa5.1s a 6willing7.3 participant Howeve-5.3r the on this re5.7qu-9.1est was Ms Giuffre could be a willing8 p-9a3.8rticipant b-10.4ecause was unde-6.6r the consent 5.2Has Violated Court Protective Order in Her Arg9.8u-.2ment Concernin-8.2g9.8 N-7o statements a-8.3bout Ms Giuff4.9re6.7 claiming to a victim constitute misre5.9p.1resentation to the 7Court and it is vio lation 8of the Protective 6Ms Giuffre6.6 police concernin-9.2g8.8 rape as 9four5.4tee5.2n old to be 9c-5.7onfidential under the Protective Orde-5.9r cont-11.9ra6.1vention that in contravention of Giuffre desig6.6n-.4ation that in the public her 6filing6.6 DE 9which did not redact this information This Co10.3urt should sa nction De5.4fendant for such b-9.4e3.4havior Case Document Filed Page of IV ANSWE-11.5RS TO REQUEST7.5S-2.3 ADMIS-11.8S-2.3IONS ARE NOT AND MOTION SHOULD 11BE DENIED r-5.8e4butting8.2 unsupported she notes for the Cou-10.5rt that for out of answers to Req-9.4u-.4est for Admission Ms Giuffre6.4 upon Def-6.4e3.4ndant began her 6answer the phrase in Part Now Defe6.4nd-9.4ant 5.7comp-11.4lains that Ms Giuffr5.6e used the same in respons-11.3e to some Requ-9.5ests for Admission Such a complaint is unfounded A Re6.2quests Adm11.4ission Nos and At the time of the 7Complaint to the best of her r5.9e-5.3collection Ms 9re6.7colle-5.3c3.7ted that she met the summer she 9at 9a club in Palm B6.8each 9F6l-.4orida on documents produced pursuant to litig7.8a3.6tion 9Ms Giuffre6.6 lea5.5rne6.5d that inste-7.5a3.5d she 9met at the club in summer4.7 Ms Giuffre6.6 until Aug9.8u-.2st turned Ms Giuffre6.6 lea5.3rne6.3d that did not mee5.3t Def-6.5e3.3ndant when wa5.7s but rath-11.1er at Either Ms Giuffre6.5 indisputabl-11.5y19.7 9a minor rec-5.5rui-12.3ted he5.5r to with convicted pedophile Epstein-12.9 with whom Defe6.6nd-9.2an shared a hous-10.6ehold Ther-6.8eafter Ms Giuf-8.8fr5.2e flew on Epstein jets with-5.7 over times while she wa5.6s minor makes much that she rec-5.7ruited a or old Epstein ra6.2ther than 7a and much ado ov-9.6er Ms Giuffr-6.6e mistaken Ms Giuff5.9re6.7 did not attend mi-13.3ddle school or in a linear 7.9fashion did she have continuit-13.6y19.6 of residence those Ms Giuffre middle school and school were6.5 tumultuous 5.7Based on her Palm F5.9l-.5orida 7it appears that accordin-11.9g9.1 to t-4.1hose 8.5for the when Ms was Ms Case Document Filed Page of Giuff5.2re6 9attended fifth in Florida at the Scho-9.7ol However the and the school there6.4 no it appears that the school wa5.4s Giuffre6.3 9attended Crest-12.7wood Middle School but was pr-6.4esent at of the the school wh-7.3en Ms Giuffr-6.3e3.5 appea-5.4r-.3s she Palm School but wa5.6s absent and to rep-9.4eat 11it is unsurprising9.6 school so man-8y19 9absenc-3.2es and la-8.2ck 9of standin-11g9 she was she was r-8a2.8ped both and 9of that s-10c3.6hool wa5.6s re5.6po-9.2rted missing9.8 her mother5.8 in 9Ms Giuff the of assault Ms Giuffre6.5 no recor-6.3d-.3s for the followin-9.3g9.7 scho-6.6ol For the re6.4cords show Giuffre6.4 suppose-5.6d-.4 to be repe-5.6ating9.6 th Ms Giuffr-6.8e3 wa5s absent at least After th Ms Giuffr-7e2.8 doesn co-9.4ntinue school school-10.5y19.7ear 6fr5.7om the transc-6.4ript firs reflects that there6.6 no course5.5s-.1 in and starting8.6 in of the trans-10.2c3.4ripts reflects a sch-9.2ool code5.6 Gr-8ade mea5.3ns that Ms Giuffre supposed to be on cours-7.3e plan After that flig10ht log10s.2 show-8.8 an-9d Epstein pilot testified that Ms Giuffre6.9 flig9.1ht-8.2s on Epstein jet before5.6 she 9turned 9all over-6.3 the and this time pe5.4riod to school Ms attend-9.4ed school for most at Beach 9School for th then spent most at Survivor Charter out of sch-6.3ool 8Ms Giuffre then See Decl at 14.8Sealed Ex hibit School 9.3Records Id Id Case Document Filed Page of back with Def-6.4e3.4ndant Epstein and we5.4nt on more on Epstein plane befo-6.8re6 escapin-12.3g8.7 the records 10and testimon-11.3y19.7 in this establish that Ms had no continuit-13.3y19.9 of r5.9e3.7sidence or other ma rk-6.5ers that 6spec6.3ific in time for a schooler she attend-9.4ed multiple schools she wa5.4s assaulted she from home multip le 7times and then e5.5nded up 9being7.6 9abused and Epstein tr-6.3aveling9.7 around is surprising9.7 that Ms trouble spe-6.3c3.7ific calen-7.1dar At 9ra6.4te in with Rule a Giuffr5.6e stat-10.6ed which of the statement she denies denies statements involve her age She wa5.6s not but turning8.8 in Aug9.7u-.3st the summer wa5.5s traff5.7ick-7.3ed Defendant and when met Epstein She wa5.5s as 9minor Defe and Epstein she did of her with did tell her5.1 that she would be too old for6.1 6.3c3.5onvicted pedophile-6.3 Epstein taste 9did work at the summer she a minor she did work for5.8 Epst-11.4ein f-8.2rom Ms Giuffre6.6 9will not those parts of Defe6.5nd-9.3ant re5.6quests for 8.8admission and she did seeing Al Gore the time she with Ep-8.2stein and Re5.8quests f-5o0r Adm11ission Nos Ms Giuffre obj-12.4ection to Request for Admission No is cor5.8r-.2ect pursuan-9.2t-.4 to Rule Fed Civ Rule st)-12.4ates grounds for a request must be stated A must not object on the 7grou-9.3nd that the r4.7e3.6quest pr-9.3esen-9.3ts a issue for trial Ms Giuffr-6.5e obje-5.3c3.7tions are6.7 compliant this Rule Defe6.8nda-5.3nt has made up a in violation of Rule Def-6.4e3.4ndant 11omits the case law that 9Ms Giuffre6.4 put fo-8.4rth in support of her Case Document Filed Page of fictitious sce5.8n0ario and 9asks Ms Giuffre6.8 to admit it This fictitious sce5.9n0ario is not something9.9 that Ms Giuffre6.7 has ev-6.1er a6.7l-.3leged As st-11.3ated in the objection Def-6.1e3.7ndant has interpose5.8d-.1 and facts which comprise the found-9.3ati on of this re5.5quest for 9ad-9.3mission Ms Giuffre6.3 neve-5.7r that she a 9con-9.1v-.1ersa5.7tion with Bill Clinton him with Ghislaine a helicopter4.7 Giuffre6 been quo-9.8ted repo-9.8rter to the with and Ghislaine we5.8nt to pick up 10in a hug11.8e helicopter that boug9.8ht Clinton Picture7d with Eps-8.6tein Social Mail As a threshold matter4.6 9a c-5.6ourt must deter4.6mine whether4.6 the statements set fo-9.4rth in a re6.7quest for 9admissions the of Rule 6.5ach for admissions must be direct simple limited to sing9.9ular4.9 rele-7.3vant fa4.8cts United State-7.1s.3 Consolidated Edison Co quoting9.9 S.E.C Micro Moist-4.7u-.5re Controls so 7that it can be admitted de6.5nied without ex-9.4plana5.4t-.6ion A Miller,-6.3 11Pra6.5c3.5tice and Pro-6.3cedur-6.3e A re6.3quest should not state half a f-8.5act or9 half-9.7-truth-10.7s which the to re6.8sponses Ha-7.5venfield 8Block6.3 Dubin also Thalheim Eberh-10.3e3.5im court must consider 9of 9re6.2quests as as that of or obj-11.8ections At the e5.4nd of the in 11making9.6 a d-9.4e3.4termination 9under Rule the-7 Court is re6.9minded that the purpose the rule is to reduce the costs of litigation elim-11ina10.2t0ing necessity of proving th-5.6at are not subs9.3tant8ial dispu-5.6te to 10narrow scope of disputed issues and to facilitate prese5.8n-2.8ta tion of to the trier of Master Ltd Bureau Veritas Consumer Products Service5.8 at Case Document Filed Page of e6.8mphasis adde5.8d-9 quoting)10 Rowe Price S-9.4m-.2all-Cap Fund Inc Opp-7.4e3.4nhe-5.5imer Co Admitting9.9 or this statement does eliminate the necessit-21.5y19.7 of as this is not a fact in dispute does not the scope of disputed issues does not f-7.3acilita-5.5te the pre6.5sent-11.5ation of the 7case to the trie-6.5r or this re5.3quest for admission no more furthe-7.6rs the ca se than Ms for ex-9.6ample to admit or den-9y20 th-11at the 9is 12g10r0een Giuffre6.8 made4.7 neither statemen-9.2t-.4 it is outside the scope of requ-9.4ests for admission Of cours-7.1e is att-9empting7.7 ith this request for 8.6admission is obvious has made5.4 up sce6.4n-.4ario Ms Giuf-7.4fr5.6e c6.4laimed to happ-9.4ened order to induce5.4 her to it so Defe6.4nd-9.4ant ca5.4n claim to a Ms Giuffr5.6e lied about the The 9Court should not countena5.3n-.5ce this of blat-11.7ant Ms Giuffre had objec5.8ted to answ-5.8erin this re5.7qu-9.1est for admission as it is based on half-truths 10which mak-7.1e it impossible to answer w5.1i-.3thout a qua5.7lified TO OVERLY BROAD REQUE-8.4S-2.7TS 9P10.6R0OD-7UCTOIN A-8R0E C-5.5OMP12.6LIANT HER DI-7.7SCOVERY OBLIG7.6A1TIONS UND5ER APP14.6L-1.2ICA4BLE RU5LES DF13.6EENDAN5T-7.7?S MOTION SHOULD DEN-4.8I.7ED A Re5.6quest for Production No puts forth no law in support of 10motion to compel Request No Request No communica5.7tions and documents identified in above in violatio-9.1n of Rule De-5.3fe6.7ndant to tell the C8.9ourt what those interr5.5o-9.5g9.5atories 9Court should that Defe6.3nd-9.5ant as follows:-17.2 ea-5.6ch Communication that You or Your had 9with 9author reporter 6corr-6.5espondent columnist writer4.5 commentator invest-10.7ig7.5ative journalist photojourna6.7list newspape6.7r r-6.1e3.7porter strin-8.1g-.1er other of o-7rga6.8niz-7.2a3.8tion or indepe5.8nde-5.2nt consultant to the same including10:-30.8 a da5.3te of Communication;-11.8 Case Document Filed Page of 20the of Communication or-6.4al or written and if wr4.8itten the format of 9.7such Communica5.6tion;-20 identities of perso-7n0s invol ved in such Communication including8 the of the 9organiz-7.6a3.4tion with whom the is or was 20the a5.5r-.3ticle title date p-9.3ublicat ion and mea5.7ns of 7publica-7.5t-.4ion of article or of Communication made5.5 You Your a5.6m-.4ount of th-9.2at You and/or Your in ex-10change for such da5.5tes on which You Your such for6.1 such Communication.-7.4 fa7.2lse statements attributed to Ghislaine which published including8 within the Southern D5.2i-.2strict of York as You contend in paragraph Count of 6Your Compl-13.6a3.6int including7.8:-13.4 a false statement;-16.4 20the da6te of its publica6tion;-7.5 publishing8 9and 9title of public-5.2ation c-5.1ontaining8 the purportedl-21.9y19.3 false 20the interne6.3t for inte-5.7rne6.3t versi-12.7on of such publication and the na5.3ture the pub-9.5lication whe5.3t-.7her in print,-9.5 interne6.3t broad-9.5c3.3ast or some other of 20State You that You ha5.2ve 9ever defa6.3med other4.7 than Ghislaine so to e-8.5ach 9act of state-17.6 a the false 20the da6te of its publica6tion;-7.5 publishing8 9and 9title of public-5.2ation c-5.1ontaining8 the purportedl-21.9y19.3 false 20the interne6.3t for inte-5.7rne6.3t versi-12.7on of such publication na5.3ture of publicat-11.7ion whether in print inte-5.6rne6.3t broad-9.5cast or some other form of the individuals in Your filed in the U.S District Court for the Southern D4.9i-.5strict of Doe5.5 and Doe5.5 United States of as individuals to whom Mr Epstein traff5.7ick-7.3ed You includi-11.1ng10.1 numerous prominent American politicians pow-6.3erful business ex-9.5ecutives foreig7.5n-.5 presidents a well-8-known-7.3 Prime Minister and other4.7 lead-9.3ers includin-11.3g9.7 as to ea5.8ch episode a6.8l-.2leged sex-6u0al a da5.4te 20the location of such 9witnesses to You receive-7.6d such Case Document Filed Page of 9Doc5.1u-.7ments You to support or Your4.3 claim of su-9.7ch You have had 9fr5.6om until the pre6.4sent including7.9 without limitati7.7on the na5.7me the of Person who for such the addre6.4ss 11and telephone-5.6 number for the 10and dates of Your job ti-11.4tle in such Emplo-9.2y19.8ment 9and Your fr5.8om sour-7.5ce othe-7.7r than 9Your Emplo-9.5y19.5ment that You have from unti-4l-1 9present the or providin-9.5g9.5 such the amount of the 9Inc6.3ome the dates on such was receive-14.2d and the nature the 9Inc6.2ome whethe-7.7r loan investment proceeds le-5.5gal settlement asset sale othe-7.4r f-6.5acts upon You base c6.4ont-11.7ention that You ha5.3ve suff5.1er-5.9ed as a 6re6.9sult of the Allege5.9d.1 De5.9f-5.9a3.9mation 9Ghislaine-10.2 past and future lost 10and and future lo ss of earni-8.8ng9.4 9and actual precise 8amounts to 9be computed but not less than H-7.6ealth Care 9Provider f5.2rom whom re6ceiv-11.8e3d tr-8.8eatment for5.8 mental or emotional condition that You f-6.2rom subseque5.6nt to De5.6fa6.6mation Ghislai-11.4n-.2e including7.8:-11.5 a Health Care Provider name addr-6.8ess and tel-12e3phone number;-19.1 20the c6.5onsultation 11ex-9.3amination or treatment 14.2provided dates You c-5.7onsultation ex-7.5amination,9.5 or treatment;-29.3 such on an in-9.6-patient or o-8.4u-.4t-patient basis;-8.1 medica5.5l ex-7.3penses to 9date he-5.8alth or some other pe-5.7rson or 9organiz-7.8a3.2tion or has paid for5.5 the medi-11.7cal 11ex-9.5penses and ea-5.9ch such H-7.5ealth Care Provider the medica5.1l and health re6.1co-9.7rds 9attached as Ex-7.7hibit H-7.6ealth Care 9Provider f5.2rom whom re6ceiv-11.8e3d tr-8.8eatment for5.8 mental or emotional condition including9.8 addi-11.4ction to alcohol prescription or ille-5.5g9.7al that You prior to the Alleged De5.9fa6.9mation Ghislaine-7.1 including8.1:-11.2 a Health Care Provider name addr-6.8ess and tel-12e3phone number;-19.1 20the c6.4onsultation 11ex-9.4amination or treatment provided;-17.2 dates You c-5.7onsultation ex-7.5amination,9.5 or treatment;-29.3 such on an in-9.6-patient or o-8.4u-.4t-patient basis;-8.1 medica5.5l ex-7.3penses to 9date he-5.7alth insuranc-5.7e-5.7 or some ot her pe-5.9rson or 9organiz-7.9a3.1tion or has paid for the medi-12.3cal 11ex-10.1penses Case Document Filed Page of e-5.9ach such 9He5.1alth Care Provider the medica5.1l and mental hea5.6l-.4th records attached as Person who believe subject-11.7e3.3d to or with whom You in illeg11.4al or in-10.6appropriat-11.8e contact condu-7.6ct or prior to inclu9.7ding7.7 the of the ind-11.3i-.5viduals involved the dates of illega5.2l-.8 or inappr-6.6opriate contact co-17.8nduct or assault I12n-10come was 9You or an-20y19one 9else con-10c-6.2erning10 su-11ch ev-10ent wheth-12e2.8r police report ever conc-6ernin-8.8g9.2 such and the outcome of 9such case as as the and locati-4.3on of documents r-7.2e3.6lated to Inte6.6rroga-9.2tor6.6y N-7o as above 9Ms Giuffre6.3 has produc-5.5ed communica5.5tions with the media a5.4nd requ-9.4est communica5.4tions among7.6 and media is 9to the point of total impr12.6acticalit-11.6y19.6 9and absurdit-11.4y19.8 Th-9.2erefor5.8e this-10 request should be documents r-7.3e3.5lated to Inte6.6rroga-9.2tor6.6y N-7o Ms Giuffre6.3 p-9.5roduc6.4ed documents or links to document-9.5s-.1 in which def5.7a3.5med more ex-9.7haustive the interne6.1t a6.2ddi tional documents is not something10 cont-11.2emplated the Rules Ms Giuffr-6.3e3.5 has 10no documents re5.5lated to defa6.5mation of Ms Giuffre6.4 Th-8.5erefor5.5e there is nothing9.5 to compel and this re5.7quest should be de-5.3nied should be this material not Ms documents r-7.3e3.5lated to Inte6.6rroga-9.2tor6.6y N-7o Ms Giuffre6.3 do-9.5es not have documents to other de-6.6fa6.4mation of her She knows of a statem-9.6ents made Alan but ca5.5using6.7 9Ms Giuffre6.5 to throu-8.3gh a time-8.3-consuming7.7,-.3 and emotionall-11.8y19.4 upsetting7.4 of aroun-6.6d for5.4 he said is outside the scope of Rule-7.5 as discussed a5.6bove particularl-19y19.2 as Giuf-8.8fre has not based part of her 6claim off those statements Ac this re5.6quest should denied.-22.5 Case Document Filed Page of documents r-7.3e3.5lated to Inte6.6rroga-9.2tor6.6y N-7o all documen-7.1ts relating7.9 to individuals to whom Giuffr5.7e 9Ms 9produced the documents in her possess-11.2ion She has produc5.4ed th photo of her she taken inside apartment 11with Prince Andr4.6ew ha-6.5nd around her wa5.5ist 9while she wa5.5s standin-11.3g9.7 to De5.4fe6.4ndant and has produc-9.7ed the tion 11she testified about to whom she wa5.2s Edwards Cassell 10B6.8roward N-7u-.2mber CACE on See Giuffre6.7 8.6additionall-11.3y19.9 testified subjec5.4t matter in 10this on in the above-12.2--7.4captioned case in de6.7position on 9and that de-5.2position transcr5.9i-.3pt is also within Defe6.7ndant possession Ms provided to this her which wa5.7s a more pr-6.1actic-5.3al method of obtaining9.9 information soug9.8ht interr5.8ogator-18.2y19.8 is improper under the Rules as well as 9duplicative.-13.4 documents r-7.3e3.5lated to Inte6.6rroga-9.2tor6.6y N-7o which seeks Ms Gi-9.7uffr5.5e emplo-9.7y19.3ment Giuffr5.3e that 9and produc-5.9ed-9.7 9corr-6.7espondin-9.7g9.3 documents she ha5.6s and obtained since6.6 the co-9.4mmencement of litigation Giuffre6.4 dropp-9.4e3.4d her c6.6laim for lost her A5mended Rule disclosures this irreleva5.5n-.3t information puts for4.7th no ca5.5se law for the proposition that she is entitled to this discover-16.4y19.6 re5.4qu-9.4est should be denied.-9 documents r-7.3e3.5lated to Inte6.6rroga-9.2tor6.6y N-7o re6.4quests informatio-11.4n concernin-8.4g9.6 Ms Giuffre in-12.4come Giuffre6.4 pro-6.4duced her 6re6.4sponsive including7.6 bank statements showing elec5.2tronic 9funds transf-7.6er-6.6s there is nothing9.6 to compel this 9and re5.8qu-9est should be Case Document Filed Page of documents r-7.3e3.5lated to Inte6.6rroga-9.2tor6.6y N-7o which conc-5.5erns about Ms Giuff6re lost Giuffr5.7e withdrawn lost 9claim and this is no releva5.2n-.6t documents r-7.4e3.4lated to Inter-6rogato-6.8ry concerns Ms care6.5 p-9.3roviders to the de5.5fa6.5mation Ms Giuff4.7re6.5 prod-6.3uced the doc5.6um-11.5ents and medical r-8.8ecords 10associated with these described abov-9.8e is nothing9.7 to compel regard-6.3ing7.7 this re5.8qu-9est should be documents r-7.3e3.5lated to Inte6.6rroga-9.2tor6.6y N-7o concerns Ms care6.5 p-9.3roviders prio-11.3r to the Not Ms Giuffr5.7e dis-12.1c3.5losed 8her he6.6alth providers from thro-9.3ug9.7h the but she re5.1triev-6.7ed and produ-9.7ce-5.9d her medica5.1l and ex-9.8ecuted a5nd sent 11re6l-12eases e6a-6ch and 9one of them docum-12ents that 9ex-9.3ist relating7.7 to medic-5.5al Giuff4.7re6.5 her5.7 the including7.8 the do-7.2ctor-6.4-p-9.2atient privilege5.6.-14.9 documents r-7.3e3.5lated to Inte7.1rroga-8.7tor7.1y which conc-5.5erns assault Ms Giuffre5.9 9ex-9.9perienced 9as a to Defe5.9nd-9.9ant a-7.7ssault of her still a minor Ms Giuffr5.8e has no documents the police5.6 repo-9.2rts that produced This request should be denied pu-9.3rsua5.5nt to the statues and set forth abov-7.3e De5.3spite to hide the va5.7st of doc5.7uments that within the ambit of N-7o contravention of Rule as the 8Court can No is a over-15.9-2.3broad that seeks document-9.9s-.5 that ar5.3e non-discoverable pursua-6.2n0t to this Court April Or4.7der statutes and case law protected 9the do-7.5ctor-6.7-patient privi-12.7leg irrele-7vant to this ac6.9tion and seek documents are not within th pos-10.3session or of Giuffre6.4 Case Document Filed Page of are6.3 burd-6.5ensome 9As described in full abov Ms Giuffr-6.6e3.2 has produ-7.6ced do-11.6cuments she has in response to requests This Court s-9.2hould 10motion to compel the documents re5.3lated to request for 9all of the reasons.-14.5 Re5.6quest for Production No puts forth no law in support of 6motion to compel Request for Produc6.6tion No this 10re6.6quest De-6.4fe6.6ndant privileg11.8ed communica5.8tion communic-7.2a3.8tions Ms Giuffre and individuals on Ms Giuffre witness list with no date or subject matter limitations This is an improper attorne-15.8y19.4s for Ms othe-5.3r individuals listed on the Rule Disclosure5.7s in matters re6.7v-9.1e3.7lation of such communications would violate privileg12es th-12at do not belong8 to Ms Giuffre6.9 but to other vi-8.8ctims of abuse who ha5.4ve not waiv-11.4ed the Co-8.6urt to ove rloo-8.4k the facial ov-9.4erbreadth he6.4r requests and instea5.7d read them Based on a 9re5.9asonabl-12.1e re-6.1ading7.1 this request Ms Giuffr-6.9e2.9 has produc5ed 6counsel communications with the fo-7r on Ms Giuffr6e disclosures that took plac-5.2e subseque5.7nt to filing9.9 complaint including8.1 co-8.9mmunica5.9tions with counsel for J-10.2ohanna Sjoberg9.6 which is 12also respon-10.6sive to Defe6.2nd-9.6ant Requ-9.2est No those communica5.6tions Requirin)-10.2g9.8 furthe-7.4r w5ould be bu-9.2rde6.6nsome and would violate the privile-7.6ge of 6third-parties Re5.6quest for Production No The5 of Ms Giuffr6.1e?s communications witnesses counsel email com-9.6m-.6unications on which c5.5ounsel 9copied Ms did not produce email comm-11.6unica5.4tions in which counsel 9cop-9.4ied such ex-10.7ercise is 9Instead Ms Giuffr-6.3e3.5?s produced 9communica5.5tions with witnesses c5.4ounsel upon 11which 9counsel was not copied Case Document Filed Page of Request 6Produc6.7tion No the be5.7st ex-8.1ample of 6fa6.7cial overbr6.1e-5.1a3.9dth in this entire dispute it is unsurprising9.9 that puts forth no ca5.7se law in support of her to compel Request for Produc6.8tion No this re5.8quest De-6.2fe6.9ndant seeks all documents communica5.3tio-9.5n-.5s between Ms Giuf-8.5fr5.5e and witness in the case 9capti-14oned Doe5 and Doe5 United Stat-12es Case no in the United States District Court fo the Southern D4.9i-.5strict F8.9l-.5orida the Crime-14.2 Victim Rig8h0ts Act or CVRA back-9.6g9.4round 9on the CV-8.4RA is to address the of this Request of Ms Giuffr5.9e Edwards soon joined 9co-16-counsel and for5.8mer5.1 10United States-8 District 7.5Court Prof5.8essor Paul Cassell file)-5.4d a pro bono action in the Southern D5.1i-.3strict of Florida under the Crime V-6.9ictims Rig8h0ts Act CVRA U.S.C on behalf a6.3nd later Doe5.6 the CVRA action alleged that federa)6.6l g9.7ove-5.5rnment had failed protect the of Doe5.5 and victims of crimes c5.7o-.1mmitted Epstein a billionaire See Compla5.1int in Jane Doe5.4 9v United Sta-9.4tes No 9DE S.D F7.9la 11will not surpr4.8ise the Court that the victims alleged that w-7h-.2ile Epstein and his co-conspira6.4to-11.4rs 9abused them in his mansion under5.6 the of obtaining7.6 10The victims fur4.8ther4.8 alleged that the Gov-8.4e3.6rnment concealed them a plea bar-6.5g9.5ain unde-7.7r the 11g9.5overnment to Epstein a non-10.4-pros-10.3ecution a-5.6g9.5reement N4.9PA in Epstein to level state off-6.7e3.1nses CVRA case been litig10a3.8ted 7for6 9eig8h0t 8.2with litig8a3.8tio-9n0 continuing8 to date and have 9achieve5.2d-.6 pr-6.6eceden victories in the case including7.8 a ruling8.6 that the CVRA ri-11.6ghts of victims could apply17.6 9char-6.4ges were6.4 Doe5.6s0 and Case Document Filed Page of United States Supp 2d S.D F8.2la that standin-11g0 to the non-prosec6.1ution reach-9.7ed betwe-5.9e3.1n the Government and Epstein J-5.6ane and United States Supp 2d S.D F8.2la and that Epstein ne-5.2g10o0tiations not protec5.4ted from disclo-9.4sure5.4 rule e6.4v-.4idence Unite-7.6d States 11th Cir Cong)9.9r-6.1ess has also followe5.7d 9the de5.4velopments in the case amending9.6 CVRA to insure5.4 that in the future 9cr-6.4ime victims notice of prosec6.9ution ag10.1r-5.9eement enter5.1ed into See Pub Title Stat adding7.8 U.S.C a victims to be inform-11.4e3.6d in a manne5.6r bar-6.2g9.8ain pro-6.2secution a-5.4g9.8reement W-5i0th re7g10.2a4rd to 8communica6tions Ms Giuf-7.8fr6.2e this re5.5quest se-5.4eks privileg12ed m-11.2a3.8ter5ials be-6.2cause Ms Giuffre 10re6.3pr-6.5esent not Giuffre6.3 J-7.3ane Doe5.3 in the CVRA matter)5.8 7.2also Doe5.6 Doe5.6 and Doe5.6 9communica5.6tions between the 7four5.3 Do-7.7es via Ms Giuffr-6.7e plainl-11.2y20 10.3would be s-9.8ubjec5.8t to client protec6.7tion joint prosecution protec5.7ti work product prot-10.9ection as With re7g10.2a4rd to 11.3contac6t wi-11th witnesses the reque-5.3st is and overbr5.5oad CVRA case on issues surr-6.5ounding7.5 the Gove5.4rnment to confe6.4r 6and pro-6.4tec5.4t the of victims including9.6 Does and plea5.7 neg9.9o-.1tiations with Epstein-8.3 some of main wit-11.9n-.7esses in the the Government pros-9.6ecut-12o-.8rs who handled the neg9.7o-.3tiations-11 Seve-5.4ra6.5l of 8the same prose-6.5c3.5utors who ha5.6ndled the ne-5.4gotiations are6.6 also involve-7.4d in the CVRA case CVRA has in litig7.7a3.5tion a5.5nd ex-9.3tensive comm-13.5unica5.5tions with the prosec6.5utors co-9.3mmunica5.5tions concernin-8.3g9.7 9pages of doc5.5um-11.5ents that 9re6.7quested vi-11.3ctims counsel and provi-12.4ded to for camera revi-12.4ew Case Document Filed Page of re6.4quest app-8.4ears to targe6.4t all of these 9communica5.4tions and such co-9.4mmunica5.4tions going back eight would necessitate 9a se-6.6vera6.3l hundr-8.5eds of thousa-6.7nds of e5.3m-.7ails over that time to identif-8.1y19.9 communica5.7tions with the Govern-6.1ment prosec6.7utors The would be substantial and the relev-7.6ance would be 9essentiall c6.8o0mmunica5.8tions Ms Giuff6re woul-10.5d have had with 11g9.7ove-5.5rnment prosecutors 9about CVRA notificatio-14.9ns concernin-8.2g9.8 9a prosecution of Epstein would not shed on whether4.8 defa6.3med Ms Giuf-8.5fr5.5e More5.4over material-11.6s re5.4lated to this case under4.6 protec5.5tive order be-5.9fore Ms Giuffr-6.7e counsel 8c-5.8ould have option to relea5.2s-.4e materials that the Govern-6.4ment has provided to him as an in the defe6.5nd-9.4ant would have to appro-10ach and se ek a m-11.8odification of the prote-7.7c3.2tive The requ-9.9est also because it cle-6ar what witnesses is concerne6.1d ab-9.7out There6.1 for 9ex-9.7ample 10.8been communica5.1ti-13.9ons between Ms Giuff6re a5.3nd Epstein Mr Dershowitz connec-5.7ted with procedur-6.5al and other asp-10.5ects of this ca6.3se the of communic-7.7a3.3tions ex-9.7istent to the a5.1c3.1tion bec5.1a3.1use the has sp-11.7anned such communica5.8tions would be difficult and bu r-6.3d-.3ensome More5.6ov-9.3er has a close r-6.1e3.7lationship and/or joint def4.9e3.7nse 6arrangement with both Mr 7Epstein and Mr There6.4 is no r-6.4eason to burden Ms Giuf-8.4fr5.6e will collecting10.1 such communica5.2tions when can 9collect them in other fails to make 9an 9Ms Giuffre ov-10.8erbreadt-12h and undue burden also fa5.1ils to make an ex-9.7plaining7.3 9re6.2lev-7.7ance Case Document Filed Page of these documents And ag9.6ain puts no case law in suppo-9.4rt of her position to compel The Court should this Re5.6quest for Production No This request seeks the doc5.5uments as No with reg9.7a3.5rd to De5.6rshowitz-5.4 litig11.1a4.9tion forth no new or diffe6.4r-6.4ent-11.6iated with to this re5.5quest and puts forth 11no case law in suppo-9.6rt of her motion to compel Request for Produc6.9tion No This request has all of the def-6.5ects as Request No the re-5.7asons 13stated above it should be Re5.9quests for Production No and No these requests seeks statements obtained fr5.8om witness-11e-5.3s in the CVRA case and Dershowitz-6.3 case des-11c2.7ribed 9above request target-11.4s0 privileg9.8e3.6d documents this discussion De5.5fe6.5ndant puts fo-7.3rth her one6.6 and of law Howeve-6.1r D-8.3i-.7strict of Ohio ca5.3se is applicab le holds that 11aff5.5i-.7davits not prot-8.5ected wo-7.3rk pr5.7oduct Even should Court adopt this premise and adopt Defe5.6nd-10.2ant there6.6 not to produce on the of their recolle-5.4c3.6tion Ms Giuffre 10counsel not have5.5 that are6.5 not of docket/filing6.7s-.1 in the CVRA case in the Southern District of 8F5.8l-.5orida or not produc-5.7ed-9.5 to Defe6.3ndant in this litig11.3a5.1tion Even looking9.7 do-9.3cuments would re quire 9the review hundreds thousands of documents which would 9take5.6 hours upon hours of 9atto 9CVRA case c-5.9e3nters the CVRA case moving7.5 fo-9.5rw4.7ard in Southern District of on be5.4half of and litig7.6ation develop-11.4e3.4d b-9.4e3.5tween the pro bono who had 9filed the lawsuit Cassell and 7Edwards 9and Dershowitz Af5ter5 Cassell and Edwards f5i-.2led the joinder5 motion in the CVRA case De5.5rshowitz-5.5 took the ai-11.5rw4.9aves to not Doe5.5 allegations him but also Cassell and Ed decision to file the Cassell and Edwards th-9.7en filed a 9state law def-6.7a3.1mation against De6.1rshowitz in B5.3roward F5.9l-.5orida Ultimatel-21.5y19.7 Cass-10.1ell Edwards a5.5nd ag9.7reed to settle their-8.3 defa6.5mation Case Document Filed Page of on issues surrounding7.5 the U.S Gov-9.5e3.3rnment failed to a6.2nd ot-11.8herw4.6ise prote-7.7c3.2t the of victims includi-13.5ng9.7 Does during)7.7 neg9.7o-.3tiati-13.5ons with Epstein has b-9.4een in litig7.6a3.4tion a5.4nd there 16.2been 10ex-9.4tensive communica5.8tions with the prosec6.8utors in-11c3.8ludi c-5.4o-.2mmunica5.6tions concerni-8.4ng9.8 pages of that were6.6 r-6.2e3.6quested 9victims counsels 12and p-9.8rovided to in is not clear the r-6.4e3.4quest is to all of these communica5.8tions as state-6.1ments but if it does these communic-7.6a3.4tions ba-5.5ck it would involve of of thousands of e5.8mails 9over that time to identif-8.1y19.9 communic-7.3a3.7tions with the Government pro-8.1se cutor.-9.2 The woul-9.6d be substantial and the would essentiall-11.5y19.7 statements Giuffr5.7e attorne-13.1y20s.1 obtained fr5.6om prosecutors about CV-7.2RA notifications concern-6.4i-.6ng7.6 a pros-7.2ecution of Epstein would not shed on defa6.6me-6d Ms Giuffre Mo-10.2re6.6over mat-10.1erials under prote-5.6c3.3tive orde6.3r befor5.5e Ms counsel could even 9the option to re6.4lea5.4se cert-8.8ain mater4.4ials that the Go-7.6vernment has provided to him as an in the case would have to appro-9.5a-5.7ch Marra6.3 and seek a modification of the protec5.5tive The requ-10est also because it pr-4ecisel-21.2y19 what st-13atements is concerne6.3d ab-9.5out There6.3 for 9.7ex-9.5ample been communica5.3ti-13.7ons between Ms Giuff6re a5.3nd Epstein Mr Dershowitz connec-5.7ted with procedur-6.5al and other asp-10.6ects of this ca6.2se the of communic-7.7a3.2tions the acti-4.4on because the 9cas-11e has sp-12.2anned such communica5.7tions would be difficult-8.4.-.1 Case Document Filed Page of if is sworn there is no pra6.4ctic-5.7ab-9.5le to searc6.4h-.4 those 10As stated above upon 9co-9.4unsel best aff5.2i-1davits part the CVRA case do-9.8cket p-9.8roduc6ed in this ther-6.5e happen-9.5 to be others to searc6.4h-.4 them of litigation be a task and not one that would necessa-8ril-11y19.2 responsive do-9.8cu-9.8ments Defe6nd-9.8ant re5.4qu-9.4ests are6.5 unavailin-11g10.0 And Defendant sole does to this request statements 10Even an attempt at would be bu-9.4rde6.4nsome The Court should motion to compel with regard to these-6.4 requests VI CONCLUSION brief is of case authorit-12.8y19.4 upon 9which Court can her requests have been s-10.2a3.6tisfied motion for is completel-9.3y17.9 b-9.1a-5.3seless and should be den-9.4ied the re6.6asons Ms Giuffre6.6 Motion to Compel for Sanctions-7.4 be denied in its DATED Au-9g10u0st Respec7.1tfull-12y20.2 Submitted,-16.5 Mer6.7e4.5dith Sch-8.3u.7ltz 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 Case Document Filed Page of Edwards Pro F6.6A.7RMER EDWARDS FI23.5STOS 9L11.3E.4HRMAN North Andrews 8Avenue Suite F5.7l-.6orida Paul Cassell Pro Hac 9Vice Quinne-5.2y30 Colle-5.2g10e of Universit-11.4y19.8 Universit-11.2y20 Salt UT This business-10.8 a-5.2ddre6.8ss is provid-11e3.8d fo ide-8n-.8tification and 11corr-6.8espon-10.8dence-6 purposes-10.6 and is not intend-9ed to institutional endorse ment Utah-9.2 for this private-5.4 re6.1pres-10.5entation Case Document Filed Page of CERTIF11.1ICATE SERVICE-9.3 I HE-5REBY CERTIF8.8Y that on filed document with the Clerk 9of Court the 9also that the document is being7.8 to all par4.8t-.4ies of transmission of the Ele-6.4ctronic Court A HADDON FOREMAN East th Ave5.5nue De5.4nver Color-8.4ado Tel Email lmenning7.5er jpag11.8liuc-5.4a 2750.5Schultz Case Document Filed Page of
