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Case 1:15-cv-07433-LAP Document 1331-13 Filed 01/05/24 Page 5 of 22 Plaintiff Ms. Giuffre respectfully submits this Response in Opposition to Defendant’s Motion in Limine to Exclude in Certain Depositions Designated by Plaintiff for Use at Trial. PRELIMINARY STATEMENT In carrying through on her threat to object to every piece of evidence that Ms. Giuffre intends to use at trial, Defendant Maxwell has raised three general objections to various depositions Ms. Giuffre has designated for use at trial. First, Defendant argues that Jeffrey Epstein is not an unavailable witness and should appear as a live witness. Ms. Giuffre would like to have him appear at trial and it appears that Epstein’s counsel is willing to accept a subpoena for him. If so, the issue is moot. But if for any reason that trial subpoena fails to secure his attendance, it is clear he is an unavailable witness since he previously evaded more than a dozen efforts to serve him with a pre-trial deposition subpoena. Second, Defendant raises certain objections based on the fact that Jeffrey Epstein, fF and Philip Esplin gave testimony that is helpful to Ms. Giuffre during their depositions and therefore she seeks to exclude that damaging testimony. This hardly provides a basis for excluding their evidence. Epstein should be allowed to testify so that Ms. Giuffre can obtain adverse inferences from his Fifth Amendment invocations. Bend Esplin should be allowed to testify, via deposition, because they have information relevant for the jury. Finally, Defendant objects to the use of a deposition of Alfredo Rodriguez. But because he has since passed away, the choice is between preventing the jury from hearing any of his testimony and using the earlier transcript. The transcript should be allowed.