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Case 1:15-cv-07433-LAP Document 1320-28 Filed 01/03/24 Page 6 of 32 BACKGROUND To divert attention away from her own lack of diligence, Plaintiff characteristically devotes much of her Motion blaming Ms. Maxwell and her counsel for her own problems with depositions. Not only is Plaintiffs account factually inaccurate, none of it matters to whether she could timely complete the six depositions at issue. For example, the scheduling of Ms. Maxwell’s deposition (which depended, among other things, on an historic snowstorm, a disputed protective order, Plaintiff's failure to timely produce documents, and counsel’s conflicting calendars, all of which have been amply documented with this Court)* does not inform any analysis regarding Plaintiff's lack of diligence in pursuing depositions of these six witnesses. See Rule 26d)(3) (“Unless the parties stipulate or the court orders otherwise for the parties’ and witnesses’ convenience and in the interests of justice: (A) methods of discovery may be used in any sequence, and (B) discovery by one party does not require any other party to delay its discovery.”). Likewise, receipt of Ms. Maxwell’s Rule 26 disclosures in February also had nothing to do with these witnesses. Jd. Notably, each of the witnesses who Plaintiff now seeks to depose were known to her from the outset; all but President Clinton were included in her initial Rule 26 disclosures served on November 11, 2015 and two of the six were specifically mentioned in Plaintiffs Complaint. Finally, the fact that witness Rinaldo Rizzo had a deposition re-scheduled from April until June does not have any bearing on the issue presented by this motion. Mr. Rizzo was deposed on June 14 and he has nothing to do with the remaining depositions. Mr. Rizzo, in fact, was practically gleeful to be a witness: he was the one who initiated contact with Brad Edwards after reading about the lawsuit, asked to be a witness in this case, hopes to make money from this 4 Doc. #62 & Tr. of Hearing of Mar. 24 at 4.