giuffre-maxwell
gov.uscourts.nysd.447706.1332.17
13 pg
…Materials”). The Protective Order
prohibits the use of the materials in any other case, and requires the parties to return or destroy
the materials at the conclusion of this case.
This case concluded in May 2017. Despite our requests, Ms…
giuffre-maxwell
gov.uscourts.nysd.447706.1257.2
21 pg
…the sole purpose of enabling Defendant and others to communicate with
Jeffrey Epstein - has no communications with Epstein or the other co-conspirators, is extremely
strong indicia that someone destroyed those email communications. Their destruction warrants
an adverse inference instruction…
giuffre-maxwell
gov.uscourts.nysd.447706.1062.0
7 pg
…confidential
materials will remain so designated through “the conclusion of the case,” at which time they will
be returned to the designating party or destroyed.
Dershowitz makes the unremarkable observation that the Protective Order contains
generic language permitting future modifications…
giuffre-maxwell
gov.uscourts.nysd.447706.46.0
22 pg
…but also Plaintiff’s knowledge of said representations. Plaintiff claims that
the presence of Ms. Maxwell’s agent Ross Gow on communications with her attorney destroyed
the privilege, despite binding New York law to the contrary. Plaintiff asserts that Ms…
giuffre-maxwell
gov.uscourts.nysd.447706.1219.43
12 pg
…She did not. She could have explained that she
deleted her account; that her account had been destroyed by the provider; or that she can no
longer access her account for various other reasons. She did not say any of…
giuffre-maxwell
gov.uscourts.nysd.447706.1327.19
21 pg
…the sole purpose of enabling Defendant and others to communicate with
Jeffrey Epstein - has no communications with Epstein or the other co-conspirators, is extremely
strong indicia that someone destroyed those email communications. Their destruction warrants
an adverse inference instruction…
giuffre-maxwell
gov.uscourts.nysd.447706.562.1
13 pg
…and thereafter, Maxwell intentionally and maliciously released to
the press her false statements about Giuffre in an attempt to destroy Giuffre’s reputation and
cause her to lose all credibility in her efforts to help victims of sex trafficking.
3. …
giuffre-maxwell
gov.uscourts.nysd.447706.1330.15
43 pg
…this case." Protective
Order,~ 4. Under the terms of the protective order, all materials secured in the case will be
destroyed at the end of tl1e case. Protective Order,~ 12. And while the Protective Order does
not bar…
giuffre-maxwell
gov.uscourts.nysd.447706.513.0
21 pg
…Instead, Defendant’s brief quotes extensively from cases
in which parties destroyed evidence after the cause of action accrued and after the parties had
notice of a duty to preserve. Those are inapposite.
Because this is a losing argument for…
giuffre-maxwell
gov.uscourts.nysd.447706.20.0
26 pg
…the president of a non-profit
corporation designed to help victims of sex trafficking, and inasmuch as they destroyed her
credibility and reputation among members of the community that seek her help and that she
seeks to serve.” Complaint ¶ 11…
giuffre-maxwell
gov.uscourts.nysd.447706.23.0
32 pg
…were published intentionally for the malicious purpose of further
damaging a sexual abuse and sexual trafficking victim; to destroy Giuffre’s reputation and
credibility” and that Defendant “made her false statements knowing full well that they
were completely false. Accordingly…
giuffre-maxwell
gov.uscourts.nysd.447706.962.0
7 pg
…motions concerns the materials at issue in Ms. Maxwell’s show-
cause motion. That motion seeks relief for Ms. Giuffre’s lawyers’ “refus[al] to return or destroy
Confidential Materials,” Doc.957, at 1, in their possession, custody and control…
giuffre-maxwell
gov.uscourts.nysd.447706.1295.16
22 pg
…to refirse to turn over
incriminating and non-incriminating evidence to law enforcement officers;
requiring them to destroy evidence or refuse to reveal knowledge of desfroyed
evidence; and requiring them generally to refise all cooperation with law
enforcement offi cials…
giuffre-maxwell
gov.uscourts.nysd.447706.49.0
12 pg
…individualized
process. And, the “highly confidential” documents are not referenced in paragraph 12.
Presumably these types of documents would be destroyed at the conclusion of the case.
F. Proposed Paragraph 13 Adds Another Layer of Unnecessary
Uncertainty
Ms. Maxwell’s…
giuffre-maxwell
gov.uscourts.nysd.447706.468.0
12 pg
…2009) (“Where a party violates a court order—either by
destroying evidence when directed to preserve it or by failing to produce information because
relevant data has been destroyed—Rule 37(b) of the Federal Rules of Civil Procedure provides…
giuffre-maxwell
gov.uscourts.nysd.447706.1.0
12 pg
…and thereafter, Maxwell intentionally and maliciously released to
the press her false statements about Giuffre in an attempt to destroy Giuffre’s reputation and
cause her to lose all credibility in her efforts to help victims of sex trafficking.
3. …
giuffre-maxwell
gov.uscourts.nysd.447706.24.1
13 pg
…and thereafter, Maxwell intentionally and maliciously released to
the press her false statements about Giuffre in an attempt to destroy Giuffre’s reputation and
cause her to lose all credibility in her efforts to help victims of sex trafficking.
3. …
giuffre-maxwell
gov.uscourts.nysd.447706.957.0
13 pg
…Materials”). The Protective Order
prohibits the use of the materials in any other case, and requires the parties to return or destroy
the materials at the conclusion of this case.
This case concluded in May 2017. Despite our requests, Ms…
giuffre-maxwell
gov.uscourts.nysd.447706.370.0
17 pg
… Case 1:15-cv-07433-LAP Document 370 Filed 08/12/16 Page 5 of 17
interests destroyed based on unfounded allegations and a conclusory claim for punitive damages.
Unless and until there is a determination of both liability…
giuffre-maxwell
gov.uscourts.nysd.447706.1219.19
17 pg
… Case 1:15-cv-07433-LAP Document 1219-19 Filed 07/15/21 Page 5 of 17
interests destroyed based on unfounded allegations and a conclusory claim for punitive damages.
Unless and until there is a determination of both…
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