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Case 1:15-cv-07433-LAP Document 1325-1 Filed 01/04/24 Page 19 of 21 e Plaintiffs contract with the Mail on Sunday, which Plaintiff claims she no longer has;* e The original Prince Andrew picture, or information on its chain of custody; e Communications with Brad Edwards and other attorneys for Plaintiff? From a testimonial standpoint, only Churcher can testify about the deviations in the stories she has heard from Plaintiff because only Churcher was there. Plaintiff herself claims she cannot remember what she told Churcher at various points in time, and herself asked Churcher for the notes from her interview so Plaintiff could remember what she said. Menninger Decl., Ex. A, p. 26. Plaintiff further refused to testify about what information Churcher printed that was untrue or varied from what Plaintiff told Churcher. Menninger Decl., Ex. B, p. 215-226. Thus, the only person who can testify or provide documentary evidence about Plaintiffs stories to Churcher is Churcher. In light of the critical nature of the documents and testimony in establishing the truth defense and the fact that the information simply is not available from other sources, Churcher is not entitled to claim qualified privilege over her news-gathering materials or non-published non- confidential information. IV. MS. MAXWELL’S COUNSEL AGREED TO EXTEND THE RETURN DATE FOR COMPLIANCE WITH THE SUBPOENA Churcher’s final argument for a Protective Order — that there was not a reasonable time to respond — is defeated by the admission in her own pleading. It is true that the original response date was twelve days after service — two days less than is considered presumptively “reasonable.” Ms. Maxwell’s counsel readily agreed that if Churcher intended to respond and comply with the subpoena rather than moving to quash, that the response date would be extended 8 Ex. 247-248 9 This information had been requested in discovery to Plaintiff, but no documents have been produced. Ms. Maxwell has also subpoenaed the information from Plaintiff's attorneys, each of whom has moved to quash. There can be no question that Ms. Maxwell has exhausted every possible source for obtaining this information. 17