gov.uscourts.nysd.447706.1199.22_1.pdf

Case 1:15-cv-07433-LAP Document 1199-22 Filed 01/27/21 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------X ......................................... VIRGINIA L. GIUFFRE, Plaintiff, v. 15-cv-07433-RWS GHISLAINE MAXWELL, Defendant. --------------------------------------------------X DEFENDANT’S MOTION FOR LEAVE TO FILE A SUR-REPLY OR, ALTERNATIVELY, TO STRIKE PLAINTIFF’S MISREPRESENTATIONS OF FACT TO THE COURT Laura A. Menninger Jeffrey S. Pagliuca HADDON, MORGAN, AND FOREMAN, P.C. 150 East 10th Avenue Denver, CO 80203 303.831.7364 Case 1:15-cv-07433-LAP Document 1199-22 Filed 01/27/21 Page 2 of 10 Case 1:15-cv-07433-LAP Document 1199-22 Filed 01/27/21 Page 3 of 10  Case 1:15-cv-07433-LAP Document 1199-22 Filed 01/27/21 Page 4 of 10 Q. Do you know what happened during the massage appointments with Jeffrey Epstein and Virginia Roberts? A. No. Q. Were you ever present to view a massage between Jeffrey Epstein and Virginia Roberts? A. I don't recollect ever seeing Virginia and Jeffrey in a massage situation. Q. Do you ever recollect seeing them in a sexual situation? A. I never saw them in a sexual situation. Q. Did you ever participate in sex with Virginia Roberts and Jeffrey Epstein? A. I never ever at any single time at any point ever at all participated in anything with Virginia and Jeffrey. And for the record, she is an absolute total liar and you all know she lied on multiple things and that is just one other disgusting thing she added. (4/22/16 Tr. at 75-76). The Palm Beach State’s Attorney’s Office, the Palm Beach Police Department and the Royal Palm Beach Police Departments all likewise have never concluded that Plaintiff was a “child victim of sexual abuse.” Rather their reports reflect Plaintiff’s false allegations of being a “child victim of sexual abuse” in situations such as getting in trouble for running away from home, getting in trouble for not attending school, getting in trouble for using alcohol and marijuana. There is absolutely nothing “undisputed” about Plaintiff’s claim of victimhood. Furthermore, Plaintiff left unredacted her assertion that it is “undisputed” that Ms. Roberts was the child victim of sexual abuse, leaving the mis-impression with the public that Ms. Maxwell has in some way conceded that to be true. She has not. 3. “Detective Joseph Recarey … testified that Defendant procured underage girls for Epstein” (Reply at 3, n.4). In fact, Detective Recarey testified that none of the underage girls interviewed in connection with his investigation into Epstein claimed to have been hired by Maxwell; in fact, none of them mentioned Ms. Maxwell at all. The two women he interviewed who were hired by Ms. Maxwell both said they gave professional, adult massages to Epstein. 3 Case 1:15-cv-07433-LAP Document 1199-22 Filed 01/27/21 Page 5 of 10 Case 1:15-cv-07433-LAP Document 1199-22 Filed 01/27/21 Page 6 of 10 Case 1:15-cv-07433-LAP Document 1199-22 Filed 01/27/21 Page 7 of 10 Case 1:15-cv-07433-LAP Document 1199-22 Filed 01/27/21 Page 8 of 10  Case 1:15-cv-07433-LAP Document 1199-22 Filed 01/27/21 Page 9 of 10 Ms. Maxwell seeks leave of the Court to file a Sur-Reply to refute these baseless, false misrepresentations to the Court that Plaintiff included within her Reply, if Plaintiff does not honor her obligations under Rule of Professional Conduct 3.3 to withdraw them of her own accord. Dated: August 25, 2016. Respectfully submitted, /s/ Laura A. Menninger Laura A. Menninger (LM-1374) Jeffrey S. Pagliuca (pro hac vice) HADDON, MORGAN AND FOREMAN, P.C. 150 East 10th Avenue Denver, CO 80203 Phone: 303.831.7364 Fax: 303.832.2628 [email protected] Attorneys for Ghislaine Maxwell 8  Case 1:15-cv-07433-LAP Document 1199-22 Filed 01/27/21 Page 10 of 10 CERTIFICATE OF SERVICE I certify that on August 25, 2016, I electronically served this Defendant’s Motion For Leave To File A Sur-Reply Or, Alternatively, To Strike Plaintiff’s Misrepresentations Of Fact To The Court via ECF on the following: Sigrid S. McCawley Paul G. Cassell Meredith Schultz 383 S. University Street BOIES, SCHILLER & FLEXNER, LLP Salt Lake City, UT 84112 401 East Las Olas Boulevard, Ste. 1200 [email protected] Ft. Lauderdale, FL 33301 [email protected] [email protected] J. Stanley Pottinger Bradley J. Edwards 49 Twin Lakes Rd. FARMER, JAFFE, WEISSING, EDWARDS, South Salem, NY 10590 FISTOS & LEHRMAN, P.L. [email protected] 425 North Andrews Ave., Ste. 2 Ft. Lauderdale, FL 33301 [email protected] /s/ Nicole Simmons Nicole Simmons 9