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Case 1:15-cv-07433-LAP Document 1330-11 Filed 01/05/24 Page 7 of 12 conspirators Sarah Kellen, Nadia Marcinkova, and Epstein. However, it is Defendant’s representation that this account does not presently have responsive documents and was merely used for “spam.” Cc. Defendant’s Non-Disclosed Email Account If the Court accepts Defendant’s claim that she used neither the earthlink.net account nor the mindspring.org “spam” account to communicate, logic dictates that Defendant must have had another email account - one that she actually used - from 2000 - 2002. Despite the Court’s orders that Defendant produce responsive documents from all her email accounts from 1999 to the present, Defendant has neither disclosed nor produced from the email account that she actually used to communicate from 2000-2002. This refusal violates this Court’s orders. Ms. Giuffre issued requests to Defendant on October 27, 2015. Nearly a year later, after this Court has specifically ordered Defendant to produce her responsive email from all her accounts, Defendant has produced none from this account. Not only has Defendant failed to produce emails from the account she actually used from 1999-2002, and she has not even disclosed what account it is. IL. ARGUMENT A. An Adverse Inference Instruction is Appropriate An adverse inference instruction is appropriate regarding documents from the email account Defendant actually used from 1999-2002. In light of this clear and persistent pattern of recalcitrance, the Court should instruct the jury that it can draw an adverse inference that the Defendant has concealed relevant evidence. Even if Defendant were, at this late date, to run Ms. Giuffre’s proposed search terms over the data from the email account she used from 1999 - 2002 (which she refuses to disclose), such a production would be both untimely and prejudicial. Fact discovery has closed. Numerous depositions have already been taken by Ms. Giuffre without the benefit of these documents. The window for authenticating the documents through depositions 7