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Case 18-2868, Document 281, 08/09/2019, 2628234, Page13 of 66 See McCawley Decl. at Exhibit 6, November 18, 2016, Ross Gow Dep. Tr. at 14:15-17; 44:6- 45:13. Together, the email and Gow’s testimony unequivocally establish that Defendant — not Barden — directed and ““command[ed]” Gow to publish the defamatory statement. Accordingly, the first sentence of Defendant’s Paragraph 18 is false. The second sentence — “This email was sent to more than 6 and probably less than 30 media representatives” — omits the fact that not only did Gow admit to emailing the statement to the press, but he also read it to over 30 media representatives over the phone: Q. Do you recall ever reading the statement to the press or the media over the phone? A. It's very possible that I would have done so, yes. See McCawley Decl. at Exhibit 6, Gow Dep. Tr. at 66:2-25. Q. Do you -- do you remember discussing that with The Guardian? A. No, I don't. I'm not saying I didn't but I can't recall. You have to bear in mind, if you'd be so kind, that I've been speaking to over 30 journalists and media outlets about this, and I can't recall every single -- the detail of every single conversation. See McCawley Decl. at Exhibit 6, Gow Dep. Tr. at 64:8-14 (emphasis added). Thus, the second sentence of Defendant’s Paragraph 18 is also false. DEFENDANT’S PURPORTED FACTS 19. Among the media representatives were Martin Robinson of the Daily Mail; P. Peachey of The Independent; Nick Sommerlad of The Mirror; David Brown of The Times; and Nick Always and Jo-Anne Pugh of the BBC; and David Mercer of the Press Association. These representatives were selected based on their request—after the joinder motion was filed—for a response from Ms. Maxwell to Ms. Giuffre’s allegations in the motion. MS. GIUFFRE’S STATEMENT CONTROVERTING DEFENDANT’S FACTS Ms. Giuffre agrees to the first sentence. The second sentence is a false. Accordingly, there is no record evidence that Gow (or anyone else) “selected” journalists “for a response,” or that there was any selection process whatsoever. To the contrary, Gow testified that anyone who inquired received a reference to the January 2015 defamatory response: 13