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Case 1:15-cv-07433-LAP Document 1331-4 Filed 01/05/24 Page 13 of 21 the straightforward assertion that the opposing party has failed to produce requested information.” Jd. at 293 (quoting Orbit One Commc’ns. v. Numerex Corp., 271 F.R.D. 429, 440 (S.D.N.Y. 2010) (denying sanctions)). Defendant fails to show that the materials are “relevant” — that is, that the writings in Ms. Giuffre’s journal would be favorable to Defendant. To the contrary, all evidence in the record indicates that this journal would be highly unfavorable to Defendant. First, Ms. Giuffre has testified that it contains her recollections of her sex abuse, and Ms. Giuffre has testified that Defendant abused her: Q. So you burned notes of the men with whom you had sex while you were represented by counsel in litigation, correct? A. This wasn't anything that was a public document. This was my own private journal, and I didn't want it anymore. So we burned it. See Giuffre May 3, 2016 Dep. Tr. at 206. Indeed, a contemporaneous document, the manuscript, stated the same thing: Nobody ever stopped to ask if I was comfortable or if I wanted to stop, no, instead, Ghislane [sic] only directed me to conclude the massage session by climbing up on the table to be fixated on Jeffrey, straddling him so he could [EXPLICIT] me. . . Jeffrey moaned in pleasure and Ghislane [sic] started to undress me from behind. Within moments I was completely naked and Ghislane [sic] had her top off. . . she sure did act like she loved having the control over me telling me what to do throughout the entire threesome. Manuscript at p. 25-26; 29 (GIUFFRE004158-4159). Accordingly, the evidence shows that the journal would implicate Defendant in sexual abuse. The evidence does not end there. Documents created contemporaneously with Ms. Giuffre authoring the journal — documents produced to Ms. Giuffre by a third party — strongly indicate that the journal’s contents would be highly unfavorable to Defendant. Indeed, in the moving brief, Defendant recounts testimony that this journal was authored in 2011 and 2012. At the same time, in 2011, Ms. Giuffre received treatment for her past sex abuse from her 10