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Case 1:15-cv-07433-LAP Document 1328-4 Filed 01/05/24 Page 4 of 40 Defendant Ghislaine Maxwell moves under Federal Rule of Civil Procedure 37(a)(3)(B) to compel Plaintiff Virginia Giuffre to provide responsive answers to Ms. Maxwell’s Second Set of Discovery Requests, attached as Exhibit A to Declaration of Laura A. Menninger (“Menninger Decl.”). Certificate of conferral. Undersigned counsel certifies counsel for Ms. Maxwell has conferred with Plaintiff's counsel regarding the subject matter of this Motion. Based on the conferral, Plaintiff's counsel wrote a letter declining to supplement any of the responses to the Second Set of Discovery Requests. PRELIMINARY STATEMENT Plaintiff has brought a lawsuit alleging Ms. Maxwell defamed her. The defamation consisted of Ms. Maxwell’s defensive statements denying Plaintiff's repeated, false allegations that Ms. Maxwell had subjected plaintiff to “sex trafficking” while Plaintiff was 15 years old. Plaintiff alleged in her Rule 26(a)(1)(A)(iii) disclosures that she has suffered noneconomic injury of “not less than” $30 million, medical expenses of “not less than” $100,000, and lost earnings of “not less than” $5 million.’ She also has requested punitive damages of $50 million. Despite claiming defamation damages exceeding $80 million, Plaintiff routinely has stonewalled our efforts to obtain basic information about the nature of the alleged defamation and the scope of her alleged damages. Plaintiffs frustration of our discovery efforts has impeded our ability to prepare a defense. Illustrative is Interrogatory No. 6, propounded on Plaintiff in Ms. Maxwell’s Second Set of Discovery Requests, which are at issue in this Motion. We are entitled to know each allegedly defamatory statement that is the subject of this lawsuit. Plaintiff and her counsel have alleged ‘Seven months after claiming she had suffered $5 million in “past and future lost wages” and “past and future los[t] ... earning capacity and actual earnings,” Plaintiff on June 24, 2016, abruptly withdrew all claims for alleged lost wages, earning capacity and “actual earnings.” 1