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Case 1:15-cv-07433-LAP Document 1320-18 Filed 01/03/24 Page 22 of 40 in the Dershowitz defamation case to collect every flyspeck of information that she believes support her argument that a “waiver” has taken place. See Mot. to Compel at 10-12 and numerous associated exhibits. But, remarkably, she has not revealed to this Court the most relevant information from the docket: that the Florida court considered the same waiver issues and rejecting the same arguments that the Defendant now advances. This Florida court ruling, applying Florida law, is controlling here. As discussed above in the factual section of this response, in the Florida case, Dershowitz filed a motion to compel advancing legal and factual arguments identical to those the Defendant is advancing here. See McCawley Decl., Ex. 6 at 3, Dershowitz motion to compel (arguing that Cassell and Edwards “have waived any privilege or protection that would otherwise attach to responsive documents and information by bringing this defamation action placing at issue the truthfulness of Jane Doe No. 3’s allegations against Dershowitz....”). Jd. at 3. Citing Hearn v. Rhay, 68 F.R.D. 574, 581 (E.D. Wash. 1975), Dershowitz claimed that information Ms. Giuffre had confidentially provided to Cassell and Edwards as her attorneys had become “at issue” in the defamation action. McCawley Decl., Ex. 6 at 4-5. Dershowitz argued broadly that a whole host of alleged attorney-client communications were “‘at issue” in the case, including: (1) Jane Doe No. 3’s allegations against Dershowitz asserted in the action captioned Jane Doe #1, et al. v. United States of America, Case No. 08-cv-80736 (S.D. Fla.) (the “Federal Action”); (2) [Cassell and Edwards’ ] investigation into Jane Doe No. 3’s allegations against Dershowitz; (3) [Cassell and Edwards’ ] assertion in the Complaint that Dershowitz was an alleged participant in the criminal conduct committed by Jeffrey Epstein (“Epstein”); and (4) Jane Doe No. 3’s whereabouts and activities during the time when she claims to have been “sex slave” for Epstein. 15