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Case 18-2868, Document 276, 08/09/2019, 2628224, Page21 of 77 The email transmitting the statement explained it was “a quotable statement on behalf of Ms Maxwell” and “[nJo further communication will be provided by her on this matter.” EXHIBIT F (emphasis supplied). The media representatives were notified that if they intended to use the statement, it was to be quoted in its entirety. See This Motion { 24, at 8. Ms. Maxwell and Messrs. Barden and Gow had no ability to control whether or how the media-recipients would use the statement, and they made no effort to control whether or how they would use the statement. EXHIBIT K {[§ 2-3; EXHIBIT J § 24. Ms. Maxwell is not responsible for any republication of the January 2015 statement, whether it was republished in whole or in part,’ since she had no authority or control over any media that published any portion of it. In the words of this Court, she had no “real authority to influence the final product,” Davis, 580 F. Supp. at 1096. The media’s selective, partial republication of the statement is more problematic yet. An 2G 6 original publisher of a statement cannot be charged with a republisher’s “editing and excerpting of her statement.” Rand v. New York Times Co., 430 N.Y.S.2d 271, 275 (App. Div. 1980). The rule applies with even greater force where as here a defamation claim is grounded on the expression of opinion: An individual “cannot be liable for the republication of a derogatory but constitutionally protected opinion when the foundation upon which that opinion is based is omitted. The defamatory remark should be ‘read against the background of its issuance.’” Id. (quoting Mencher v. Chesley, 75 N.E.2d 257, 259 (N.Y. 1947), and citing James v. Gannett Co., 353 N.E.2d 834, 838 (N.Y. 1976)). *Plaintiff has not disclosed under Fed. R. Civ. P. 26(a)(1)(A)(ii) any republication of the entirety of the January 2015 statement. In response to our discovery requests requiring her to identify republications of all or a portion of the statement, plaintiff identified no republication of the entirety of the statement. 14